A.R.S. tit. 22 ch. 3 — Arizona Revised Statutes Title 22 Chapter 3 — Criminal Proceedings In Justice Courts

22-301. Jurisdiction of criminal actions A. The justice courts shall have jurisdiction of the following offenses committed within their respective precincts: 1. Misdemeanors and criminal offenses punishable by a fine of not more than $2,500, or imprisonment in the county jail for not more than six months, or by both a fine and imprisonment. Any penalty or other added assessments levied shall not be considered as part of the fine for purposes of determining jurisdiction. The amount of restitution, time payment fees or incarceration costs shall not be considered as part of the fine for purposes of determining jurisdiction. 2. Felonies, but only for the purpose of commencing action and conducting proceedings through preliminary examinations and holding the defendant to answer to the superior court or to discharge the defendant if it appears that there is not probable cause to believe the defendant is guilty of an offense. B. In a county with a population of more than two million persons, the justice of the peace of each justice precinct shall have original jurisdiction to hear misdemeanor offenses as set forth in subsection A, paragraph 1 of this section that occur within the respective precinct in which the justice of the peace is elected unless either of the following applies: 1. The offense is filed by a municipal officer or agent in a municipal court. 2. The offense is consolidated with a felony offense in the complaint, information or indictment. C. For the purposes of subsection A or B of this section, an offense is committed within the precinct of a justice court if conduct constituting any element of the offense or a result of the conduct occurs: 1. Within the precinct. 2. Within a county park that includes a body of water located in two counties if one county has a population of more than three million persons and one county has a population of more than two hundred thousand persons but less than three hundred thousand persons and the precinct includes some part of the county park. D. If a uniform traffic ticket and complaint is filed in the incorrect precinct and that precinct is on the boundary of the precinct where the offense occurred, the case may be transferred to the correct precinct if both precincts are in the same county. This subsection does not affect the applicability of section 13-109. 22-302. Venue when justice unable to act If the justice of the peace of the precinct in which the crime is alleged to have been committed is absent therefrom, or for any reason is unable to act, the prosecution may be commenced in any precinct within the county designated by the justice of the peace or in the absence of the justice of the peace in any precinct designated by the presiding judge of the superior court. 22-303. Change of venue; grounds A. If either party in an action pending in a justice court, after the complaint has been filed, files an affidavit in the action alleging any of the grounds specified in subsection B of this section and gives five days' notice to the opposite party, the venue may be changed as provided by law. B. Grounds that may be alleged for change of venue are: 1. There exists in the precinct where the action is pending so great a prejudice against the party requesting a change of venue that the party cannot obtain a fair and impartial trial. 2. The convenience of witnesses and the ends of justice would be promoted by the change. 3. The court determines that there is other good and sufficient cause. C. The court shall determine the truth and sufficiency of the grounds, but a decision refusing the change of venue is appealable. 22-304. Transmittal of papers upon change of venue; trial When a change of the place of trial is ordered, the justice of the peace shall transmit to the justice of the peace before whom the trial is to be had all original papers in the proceeding or action, with a certified copy of the minutes of his proceedings. Upon receipt thereof, the justice of the peace to whom they are delivered shall proceed with the trial as if the proceeding or action had been originally commenced in his court. 22-311. Commencement of action; arrest or summons; examination of witnesses A. All proceedings and actions before justice courts for public offenses of which such courts have jurisdiction shall be commenced by complaint, under oath, setting forth the offense charged, with such particulars of time, place, person and property as to enable the defendant to understand distinctly the character of the offense complained of and to answer the complaint. B. If the justice of the peace is satisfied that the offense complained of was committed by the person charged, the justice shall issue a summons or a warrant of arrest. Before issuing a summons or warrant of arrest on a complaint the justice may subpoena and examine witnesses as to the truth of the complaint. 22-312. Criminal court record A justice of the peace shall keep a criminal court record and shall enter each action and proceeding of the court in the court record. 22-313. Procedure The rules of criminal procedure for the superior court shall apply to justice courts so far as applicable and when not otherwise prescribed. 22-314. Bail; preparation of schedule; collection; civil deposits A. The defendant, at any time after arrest and before conviction, shall be eligible for bail, subject to section 13-3961 and any applicable rules adopted by the supreme court. B. The justice of the peace shall: 1. Prepare or adopt for use a schedule of traffic violations not involving the death of a person or any felony traffic offense, listing specific bail for each violation. 2. Permit the collection of bail, or acceptance of proper bond in lieu of bail, in accordance with the foregoing schedule and collect that bail, for and on behalf of the court. C. The justice of the peace shall prepare or adopt for use a schedule of civil traffic violations, listing a specific deposit for each violation. The justice of the peace shall ensure that proper deposits for civil traffic violations are accepted for and on behalf of the court. 22-317. Plea of not guilty Upon a plea other than a plea of guilty, if no party demands a trial by jury, and a postponement or change of venue is not granted, the court shall proceed to try the action. 22-320. Trial by jury A trial by jury shall be had if demanded by either the state or defendant if otherwise authorized by law. 22-321. Challenges to jury and jurors A. The challenges taken by either party to the panel of jurors or to any individual juror shall be as on trials in the superior court. B. The challenge shall in all cases be tried by the court. 22-322. Oath of jury When the jury has been selected, the justice of the peace shall administer to it substantially the following oath: "Do you swear or affirm that you will give careful attention to the proceedings, abide by the court's instructions and render a verdict in accordance with the law and evidence presented to you, so help you God". 22-323. Trial before jury; charging jury on facts prohibited A. After the jury is sworn, it shall hear the proceedings which shall be in public and in the presence of defendant. B. The court shall decide all questions of law which arise in the course of the trial, but shall not charge the jury with respect to matters of fact. 22-324. Verdict of jury; officer in charge of jury during deliberation A. After hearing the evidence of the offense of which defendant is charged, the jury may give its verdict in court or may retire for consideration. B. If the jury does not immediately agree, an officer shall be sworn to take charge of the jury as in trials of criminal actions in the superior court. 22-325. Verdict; entry; several defendants; partial verdict A. The verdict of the jury shall be either "guilty" or "not guilty." B. When the jury has agreed on its verdict, it shall deliver the verdict publicly to the court who shall enter or cause it to be entered in the minutes. C. When several defendants are tried together, if the jury cannot agree upon a verdict as to all defendants, it may render a verdict as to those in regard to whom it does agree, on which a judgment shall be entered accordingly, and the action as to the other defendants may be tried by another jury. 22-326. Discharge of jury; retrial of action The jury shall not be discharged after the action is submitted to it until it has agreed upon and rendered its verdict, unless for good cause the court sooner discharges it. If the jury is discharged, the court may proceed again to the trial, in the same manner as upon the first trial, until a verdict is rendered. 22-327. Acquittal; discharge of defendant; payment of costs by complainant when prosecution malicious A. When defendant is acquitted either by the court or the jury, he shall be immediately discharged. B. If the court certifies in the minutes that the prosecution was malicious or without probable cause, it may order the complainant to pay the costs of the action, or to give satisfactory security by a written undertaking, with one or more sureties, to pay the costs within thirty days after the trial. If the complainant does not pay the costs or give the security, the court may enter judgment against him for the amount thereof, which may be enforced as a judgment in a civil action. 22-352. Judgment; imprisonment for fine; limitation; lien A. When the defendant pleads guilty or is convicted either by the court or by a jury, the court shall pronounce judgment on the plea or verdict. A sentence of a fine or imprisonment, or both, as the case may be, may be pronounced on the judgment. B. If the court sentences the defendant to pay a fine and the defendant fails to comply with the order, the court, after a hearing, may order that the defendant receive credit toward payment of the fine for jail time served in an amount that is determined by the judge for each one day of imprisonment. The sentence shall not extend beyond the term of imprisonment for which the defendant might be sentenced for the offense of which the defendant has been found guilty. C. A sentence that the defendant pay a fine, with or without the alternative of imprisonment, shall constitute a lien in like manner as a judgment for money rendered in a civil action. 22-353. Sentence of fine only; discharge of defendant If the sentence imposes a fine only, without imprisonment for nonpayment, and the defendant is not detained for any other legal cause, he shall be discharged as soon as the sentence is pronounced. 22-354. Sentence to pay fine; custody and release of defendant A. When a sentence is pronounced imposing a fine and ordering defendant imprisoned until the fine is paid, he shall be held in custody during the time specified in the sentence unless the fine is sooner paid. B. Upon payment of the fine or completion of the time specified in the sentence of imprisonment, the officer having custody of defendant shall discharge him if he is not detained for any other legal cause. C. The court shall enter on its records the discharges and the reason therefor. 22-355. Sentence of imprisonment; authority to enforce When a sentence of imprisonment is recorded, it shall state the date imprisonment is to begin, and a certified copy of the sentence shall be delivered to the sheriff, marshal or other officer, and shall be a sufficient warrant for execution of the sentence. 22-371. Right of appeal; procedure for taking appeal; transcript; appellate filing fee prohibited A. The defendant in a criminal action may appeal to the superior court from the final judgment of a justice or municipal court. B. The procedure for appeals from a justice or municipal court to the superior court shall be as provided by rules adopted by the supreme court. C. In a trial in a justice or municipal court, a transcript of the proceedings may be ordered in the sole discretion of the superior court. D. A defendant may not appeal from a judgment or sentence that is entered pursuant to a plea agreement or from an admission to a probation violation. E. A victim, as defined in section 13-4401, may bring a special action seeking to enforce any right or to challenge an order denying any right guaranteed to victims. F. The court may not impose an appellate filing fee on a criminal defendant. 22-371.01. Disposition of appeal bonds If an appeal bond has been posted and the final disposition of the appeal remains in the superior court, that court shall enter all appropriate orders in relation to the appeal bond. If an appeal bond has been posted and the cause is remanded to the court of origin as authorized by section 22-374, the appeal bond shall be returned to the court of origin. The court of origin shall have the authority to take the appropriate final action with reference to the bond. 22-372. Bond on appeal; stay of sentence A. Execution of the sentence shall not be stayed unless the defendant executes a bond with sureties, in an amount fixed by a justice of the peace or municipal judge of the court in which the judgment was rendered and files the bond with the court. The bond shall be approved by the justice of the peace or municipal judge. B. The condition of the bond shall be that the defendant prosecute the appeal and pay any fine and surrender to proper authorities in execution of any imprisonment imposed by the superior court on the appeal. 22-373. Transmittal of papers on appeal A. On an appeal to the superior court, the justice of the peace or presiding officer of a municipal court shall immediately, without charge, transmit a copy of the court file and of all proceedings as shown by the court record to the clerk of the superior court of the county, who shall file them and docket the action without charge. B. The justice court or municipal court shall retain any bail bond or other security taken in an action unless otherwise ordered by the superior court. 22-373.01. Dismissal of appeal; remand to court of origin After an appeal has been docketed in the superior court, the superior court may on stipulation, on motion of the defendant, or on the court's own motion if the defendant fails to appear for trial, dismiss the appeal and remand the case to the court of origin for appropriate action. 22-374. Superior court trial or determination of appeal A. An appeal shall be on the record of proceedings if such record includes a transcript of the proceedings. Trial de novo shall be granted in all appeals wherein a transcript of the proceedings has not been maintained. The record shall be as certified by the judge of the court of origin or as stipulated by the parties. The condition of the record shall be subject to review by the superior court which may grant trial de novo based upon the court's evaluation of the sufficiency and condition of the record. B. After a trial de novo or a final determination the superior court may: 1. Adjudge guilt and impose sentence as it deems proper; or 2. Acquit and discharge the defendant and exonerate his bail. C. After determination of an appeal where there is a recorded transcript, the superior court may: 1. Reverse the court of origin and remand the case to the court of origin and direct a new trial; 2. Reverse the court of origin and direct a verdict of acquittal, discharge the defendant and exonerate his bail. 3. Affirm the court of origin and remand the case to the court of origin for appropriate action. 22-375. Limitation of appeal from superior court in action appealed from inferior court A. An appeal may be taken by the defendant, this state or any of its political subdivisions from a final judgment of the superior court in an action appealed from a justice of the peace or municipal court, if the action involves the validity of a tax, impost, assessment, toll, municipal fine or statute. B. Except as provided in this section, there shall be no appeal from the judgment of the superior court given in an action appealed from a justice of the peace or a municipal court.