FAQs - Criminal Court Proceedings

If you have suffered a monetary loss because of the crime committed against you, the judge may order restitution in the amount of the loss if the defendant is found guilty.  If the defendant does not pay the restitution, notify the judge and contact our Victim Services Division for information on how to file a restitution lien against the defendant’s property.

A defendant must appear at all scheduled court hearings unless the judge specifically excuses him or her.  Victims or other witnesses need not appear at court hearings unless subpoenaed to do so.  They are, however, always welcome to attend.

If you are the defendant, you have the right to remain silent and do not have to testify.  The State has the burden of proving the case against you without your testimony.  If you are the victim or a witness, you must testify if subpoenaed to do so.  If you have concerns about testifying, talk to the prosecutor who is handling the case.

You will be notified by mail who your assigned prosecutor is.  Otherwise, you can call the office.  You will need to know the defendant’s name and if possible, the court case number.  Our prosecutors are often in court all day so please be prepared to leave a message with telephone numbers where you can be reached.

The prosecutor and the attorney for the defendant meet with the judge to focus on the issues of the case, argue motions, and set a trial date if necessary.

This is the first time the defendant makes a court appearance. At this hearing, the judge will ask the defendant if he or she is pleading guilty or not guilty to the charges and the parties exchange information about the case.

Most felony cases are set in Early Disposition Court (EDC) after felony charges are filed. In EDC, the defendant has an opportunity to review the police reports in the case, discuss the case with their defense attorney, and evaluate any plea offer the State may of made. The defendant can either accept the State’s plea agreement, set a preliminary hearing or continue the case to have more time to review the information in the case.

A misdemeanor is a crime punishable by a fine and no more than one year in the county jail.  A felony is a crime that carries the possibility of a prison sentence at the state Department of Corrections.

Misdemeanors are prosecuted in Justice Courts and felonies are prosecuted in the Yavapai County Superior Courts. There are five Justice Courts in Yavapai County located in Prescott, Mayer, Seligman-Ashfork, Bagdad-Yarnell, and Verde Valley, and nine superior courts.

If you are the defendant, your lawyer will receive the police report and other information about the state’s case directly from the prosecutor.  If you are the victim, you may obtain a free copy of the police report from the Victim Services Division.