Greenlee County Criminal Court handles all criminal cases that are filed in Greenlee County. See below for more information about criminal cases in Greenlee County.
Where will Greenlee County criminal case hearings take place?
Criminal cases will take place at the criminal courts of Greenlee County. See here for the location of the criminal courts in Greenlee County.
Required Court Appearances in Greenlee County
Any required court appearances in Greenlee County Criminal Court must be attended by the defendant. Failure to appear in court at your required date and time may result in the judge issuing an arrest warrant.
Can I request a Plea Agreement?
In Greenlee County you may be able to enter into a plea agreement depending upon the severity of the charges. It is also dependant upon the prosecution willing to accept a plea agreement. You can ask your attorney to attempt to negotiate a plea agreement with the prosecution to avoid having a jury trial along with the potential for a more serious sentence. Approximately 9 out of 10 criminal cases usually end in a plea agreement.
Burden of Proof
The burden of proof is always on the prosecution in a criminal trial. In other words, the prosecution has to prove beyond a reasonable doubt that the defendant committed the crime. The defense must only prove that there is a reasonable possibility that the defendant did NOT commit the crime. If the prosecution cannot prove that the defendant committed the crime beyond a reasonable doubt, the jury will be instructed to find the defendant not-guilty.
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.
Who is the prosecutor for Greenlee County?
Depending upon the case, the prosecutor for Greenlee County criminal cases will either be a representative of Greenlee 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.
In a jury trial in Greenlee 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.
Greenlee County Arraignments
An arraignment is a court hearing. In Greenlee County this is the first thing that will happen in a criminal case. The defendant will be brought before a judge in Greenlee County Criminal Court and the judge will read the charges that were filed against the defendant. The judge will also read the rights the defendant has and ask the defendant if they understand both the charges filed against them and their rights as a defendant in the case. In Greenlee County a plea of Guilty, Not Guilty or No Contest may be entered. In a guilty or no contest plea the sentencing of the defendant may take place at the same arraignment hearing or a later date may be scheduled for sentencing. For a not guilty plea, a date will be set for a trial.
Right to Jury Trial
For “Serious Crimes”, those that can have a potential penalty of 6 months in jail OR a minimum $500 penalty, the US Constitution guarantees a right to trial by jury. This is guaranteed by Article III of the Constitution and the 6th Amendment. The accused has the ability to waive their right to trial by jury.
I need help for my Greenlee County criminal case
The best place to get information about your criminal case is from an attorney. If you cannot afford an attorney, the court will appoint one to represent you which will assist in your case. For general information about your case the Greenlee County court clerk is able to provide general information about your specific case (e.g. date/time hearings, mandatory appearance, what will take place and what you will be required to do). The court clerk for Greenlee County will NOT be able to provide legal advice for your case, only an attorney can provide legal advice. The court clerk can provide legal information (like the information found on this website) about your case but cannot provide advice about what you should do in your legal manner.
Appealing a Criminal Conviciton
A defendant may appeal a criminal conviction to an appellate court. In an appeal, the actual trial is not redone, but the appellate court hears arguments that the criminal case was not handled in a legal manner at the original criminal court. The appellate court can either uphold the conviction, or determine that errors were made and may request a retrial, a resentencing of the defendant or that the charges be dismissed.
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.
Greenlee County Criminal Court Locations
Greenlee County Superior Court
Address: 223 5th Street, PO Box 1027, Clifton AZ 85533
Phone: 928-865-4242 Fax: 928-865-5358
Clifton Justice Court – Precinct 1
Address: 253 5th Street, PO Box 517, Clifton AZ 85533
Phone: 928-865-4312 Fax: 928-865-5644
Duncan Justice Court – Precinct 2
Address: 1684 Fairgrounds Road, PO Box 208, Duncan AZ 85534
Phone: 928-359-2536 Fax: 928-359-1936
Clifton Municipal Court
Address: 210 North Coronado Blvd, Clifton AZ 85533
Duncan Municipal Court
Address: 2 Fairgrounds Road, Duncan AZ 85234