Cochise County Criminal Court hears all criminal cases in Cochise County. Below you will find specific information about criminal cases and how they are handled in Cochise County.
The Right to Trial by Jury
The Sixth Amendment of the United States Constitution guarantees the right to a trial by a jury. This is applicable for when the crime can carry a sentence of 6 months in jail OR a $500 fine, these are known as “Serious Crimes”. The defendant can also waive their right to a speedy and public trial.
Who is the prosecutor for Cochise County?
Depending upon the case, the prosecutor for Cochise County criminal cases will either be a representative of Cochise County or a representative from Arizona. After reviewing evidence it is the prosecutor’s decision whether to file charges or drop a case. Most prosecutors have the ability to negotiate plea bargains, and determine how the case will be prosecuted.
Cochise County Criminal Court
What is a Plea Agreement?
A plea agreement is a deal made between the prosecution and the defendant in a case, where the defendant agrees to plea guilty to a particular charge in exchange for some concession from the prosecutor. In practice, more than 90% of criminal cases end with a plea agreement.
Jury Deliberation
In a jury trial in Cochise County, after both the prosecution and defense have rested, the judge will give instructions to the jury and jury deliberations will begin. The jury will convence in a private room to discuss and deliberate the innocence or guilt of the defendant. Once the jury arrives at a unimanous decision, they will inform the judge that they have reached a decision. They will return to the court and the verdict will be read aloud. If the jury cannot reach a unaminous decision, the jury is said to be deadlocked and a mistrial will be declared in the case.
What happens in Cochise County at an arraignment?
In Cochise County the defendant is brought into court and informed by the judge of the charges that have been filed against them along with informing them of their rights. At this time, the defendant can plead guilty, not guilty or no contest. If the defendant pleads guilty or no contest, there will be no trial and the defendant may be sentenced immediately or at a later date. If the defendant pleads not guilty a trial date is set.
Where will Cochise County criminal case hearings take place?
Criminal cases will take place at the criminal courts of Cochise County. See here for the location of the criminal courts in Cochise County.
If guilty, who sentences the defendant?
If the defendant is found guilty after the trial, the defendent will be sentenced. In some cases, this can occur at the same hearing the defendant is found guilty in court, in other cases a separate hearing will be required. Often the prosecution will request a particular sentence for the defendant and the judge will determine whether to enforce this sentence or impose a different sentence for the defendant.
What if I can’t afford an attorney?
The 6th Amendment guarantees you the right to an attorney whether or not you can afford one. If you cannot afford one, a public defender will be appointed by the court to represent you.
Burden of Proof Requirement
In a criminal case in the United States, the burden of proof always requires the prosecutor to prove beyond a reasonable doubt that the defendant is guilty. This is a high threshold that must be met by the prosecution when presenting evidence in a case. If the prosecution fails in it’s burden to prove guilt beyond a reasonable doubt the judge must find the defendant not guilty. In a jury trial, the judge will inform the jury what this burden is and their obligation to find the defendant not guilty if they feel the prosecution did prove the defendant’s guilt beyond a reasonable doubt.
Mandatory Appearances in Cochise County Criminal Court
At a mandatory or required court appearance in Cochise County, the defendant must appear before the court. In the event of a “Failure to Appear” the judge may issue a warrant for the arrest of the defendant. Note: not all criminal hearings are mandatory, in a non-mandatory hearing an attorney may appear on your behalf without you being in court.
Who can help me in Cochise County?
For general information about your case the Cochise County court clerk will be able to provide legal information about your specific criminal case. Legal information is not legal advice though, the court clerk will only be able to provide information about your case, like date/time of hearings what will occur at the hearing and what you may be required to do in the hearing. They cannot provide advice about what you should do or what the best legal options may be for your particular case. Only an attorney can provide legal advice and this is your best place for information about your specific criminal proceeding. If you cannot afford to hire a private attorney to represent you, a judge will appoint an attorney to represent you, this is most often a public defender.
Can I appeal a guilty verdict?
If found guilty, a defendant may decide to appeal his case to an appelate court. The appellate court will not retry the case, they will examine the proceedings in the lower court to make sure they were done in a legal manner. The appellate court can either uphold the original conviction, or determine that due to errors made in the original trial, that there must be a retrial, resentencing or a complete dismissal of the charges.
Cochise County Criminal Court Locations
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Cochise County Superior Court – Division II
Address: 4 Ledge Avenue, Bisbee AZ 85603
Phone: 520-432-8530 Fax: 520-432-2416 -
Cochise County Superior Court – Divisions I and IV
Address: 100 Colonia de Salud, Sierra Vista AZ 85635
Phone: 520-803-3320 (Division IV) Fax: 520-803-3098 -
Cochise County Superior Court – Divisions III, V, and VI
Address: 100 Quality Hill Road, Bisbee AZ 85603
Phone: 520-432-8520 (Division VI) Fax: 520-432-8558 -
Benson Justice Court – Precinct 3
Address: 126 West 5th Street, Suite 1, Benson AZ 85602
Phone: 520-586-8100 Fax: 520-586-8117 -
Bisbee Justice Court – Precinct 1
Address: 207 North Judd Drive, Bisbee AZ 85603
Phone: 520-432-9540 Fax: 520-432-5271 -
Bowie Justice Court – Precinct 6
Address: 201 North Central Avenue, PO Box 317, Bowie AZ 85605
Phone: 520-847-2303 Fax: 520-847-2242 -
Douglas Justice Court – Precinct 2
Address: 1012 North G Avenue, Douglas AZ 85607
Phone: 520-805-5640 Fax: 520-364-3684 -
Sierra Vista Justice Court – Precinct 5
Address: 100 Colonia de Salud, Suite 108, Sierra Vista AZ 85635
Phone: 520-803-3800 Fax: 520-439-9106 -
Willcox Justice Court – Precinct 4
Address: 450 South Haskell Avenue, Willcox AZ 85643
Phone: 520-384-7000 Fax: 520-384-7019 -
Benson Municipal Court
Address: 126 West 5th Street, Suite 1, Benson AZ 85602
Phone: 520-586-8100 -
Bisbee Municipal Court
Address: 118 Arizona Street, Bisbee AZ 85603
Phone: 520-432-4022 -
Douglas Municipal Court
Address: 425 10th Street, Douglas AZ 85607
Phone: 520-417-7306 -
Huachuca City Municipal Court
Address: 500 North Gonzales Blvd, Huachuca City AZ 85616
Phone: 520-456-1080 Fax: 520-456-2230 -
Sierra Vista Municipal Court
Address: 100 Colonia de Salud, Suite 108, Sierra Vista AZ 85635
Phone: 520-803-3800 Fax: 520-439-9106 -
Tombstone Municipal Court
Address: 402 East Fremont Street, Tombstone AZ 85638
Phone: 520-457-3781 Fax: 520-457-3124 -
Willcox Municipal Court
Address: 207 West Maley Street, Willcox AZ 85643
Phone: 520-384-4841 Fax: 520-384-2587