Criminal and DUI
Introduction

Criminal misdemeanor and criminal traffic cases may be filed by the County Attorney or by a law enforcement agency. The most common criminal and criminal traffic offenses include Driving while Under the Influence (DUI), Possession of Marijuana, Assault, Theft and Driving on a Suspended License.

The defendant's first court appearance is an arraignment where the defendant enters a plea of guilty, not guilty, or no contest.

Failure to appear at the arraignment may result in a warrant being issued for the defendant's arrest.

Citing Agencies

Please note that a police report is not filed with the Court. To obtain a copy of the police report, please make a request with the citing law enforcement agency.

Citations are filed with the Court by the following most common law enforcement agencies.:

Links to the following:

***Please note that this is not a complete list of citing agencies***

Case Flow Chart

Civil Traffic Flow Chart

Common Case Terms & Definitions

Adjudication - A decision or sentence imposed by a judge.

Bail/Bond - Money or property given to the Court for the temporary release of a defendant, to ensure that the defendant will return to court.

Bench Trial - A trial before a judge without a jury.

Case Management Conference - A meeting scheduled by the Court to review the case.

Criminal Arraignment - The first court appearance of a person accused of a crime. The person is advised of his or her rights by a judge and may respond to the criminal charges by entering a plea.

Conviction - To be found guilty of committing a crime.

Defendant - The person who is arrested and charged with a crime.

Dismissed With Prejudice - Judge's decision that prevents the complainant or prosecutor to bring or maintain the same claim or action again.

Dismissed Without Prejudice - A judge's decision to end the case which permits the complainant or prosecutor to renew the case later.

Jury Trial - A trial in which the factual issues are determined by a jury, not by the judge.

Plea Agreement - The agreement a defendant makes with the prosecutor to avoid a trial. Usually involves pleading guilty to lesser charges in exchange for a lighter sentence.

Quash - The action of a court to deny, vacate, or make void a request on legal process, such as a warrant. A warrant can be quashed by the Court when a person appears in court to resolve their criminal case.

Warrant - An order from the Court that commands law enforcement officers to arrest a person and bring them before the judge. Warrants are most commonly issued for failure to appear at a court hearing and not complying with a court order.

FAQ's

  • How can I quash a warrant & get a court date?
    • To quash a warrant a defendant has two options. Option 1, a bond can be posted in the method of cash or cashier's check only. The bond amount is set by the judge when a warrant gets ordered. Once the bond is posted the warrant will be quashed and a new court date will be set. Option 2, a defendant can file a motion (JP151B) to request a new court date where the warrant may be quashed. A motion must be filed in person or by mail at 240 N. Stone Avenue, Tucson, Arizona 85701. On the motion a defendant can communicate any reason and explanation in regards to the request.

  • Can I mail in my proof(s) and payment?
    • Yes, proof(s) and payments can be submitted to the Court either in person or by mail at 240 N. Stone Avenue Tucson, AZ 85701. Please specify a case number on any document submitted to ensure proper processing.

  • I'm under 18 years old, what do I need to do?
    • Any juvenile under the age of 18 must appear in front of a hearing officer with a parent or legal guardian. This appearance is mandatory before a plea is entered on any charge. Picture ID must be provided by all parties.

  • What is a motion? What do I write on a motion?
    • A motion is a formal written request to a judge for purposes of obtaining an order in favor of the individual making the request. You can download a motion form (JP151B) available on our website at www.jp.pima.gov. Once you have downloaded the form and specified your request you will need to mail the motion to the Court or bring it in person to 240 N. Stone Avenue Tucson, AZ 85701. A ruling will be mailed to you once the judge has reviewed the motion and made a decision.

Appeal Process

After the conclusion of a criminal trial, the State or the defendant may appeal the judge's ruling. The appeal procedure is set forth in Superior Court Rules of Appellate Procedure and in the Arizona Revised Statutes.

To start an appeal, a Notice of Appeal must be filed with the trial court within fourteen (14) calendar days from the date of the final order. If a Notice of Appeal is not filed within 14 calendar days, the final order can no longer be appealed.

There are two stages to the appeal process. The first stage begins in the Justice Court; the second stage takes place in the Superior Court. All steps must be completed at both stages to avoid possible dismissal of the appeal.

The person who files the appeal is the Appellant. The opposing party is the Appellee. The Justice Court is the trial court.

***For a complete appeal packet and instructions please view form: JP408 Criminal Appeal Packet***

Other Information

Pima County Justice Court seeks to improve access to the Court. Below you wil find some helpful links to assist you in submitting a criminal motion, proofs, requesting a trial date, and researching other information to help you make an informed decision.

Helpful Links: