Santa Cruz County Superior Court Defense Attorney

In the unfortunate event that you have to report to the Court due to a DUI charge in Santa Cruz County of Arizona; it is important to know where to go and what court proceedings are like.

The Santa Cruz County Superior Court is located in the Santa Cruz County Government Complex at the following address:

2160 N. Congress Drive, Suite 2200
Nogales, AZ 85621

Phone: 520-375-7700

Fax: 520-375-7703

Hours: Monday – Friday; 8am – 5pm

Arizona Santa Cruz County DUI Lawyer

If you were arrested for DUI and/or ordered to appear before the Santa Cruz County Superior Court in Arizona, you should contact the DUI Law Specialists at Rosenstein Law Group for a free DUI case evaluation. The time to begin your case and start prepping your defense is now! Fill out our contact form or call our office at (480) 248-7666.

DUI Criminal Case Procedure in the Santa Cruz County Superior Court

A DUI or criminal case that is heard in the Arizona Cruz County Superior Court will generally proceed as follows:

Initial Appearance

The initial appearance happens within 24 hours of the defendant being taken into custody. This is where the Judge has to advise the defendant of their right to counsel and remain silent.

Although most do not have an attorney at this stage, it would be in the defendant’s best interest to retain one. This is because the release conditions and how much the bond is going to be set will be determined at this stage.

Bond Set

With less severe cases, you may not need to stand before a Judge and may be released sooner. However, with more severe felony cases, you will need to stand before a Judge.

The bond set process ensures that a defendant will appear in court for their hearing. As well, this ensures the constitutional right of a defendant to be presumed innocent until proven guilty is not violated.

Status Conference

The status conference is where the attorney will get to meet with the Judge and the prosecutor. The attorney also may be able to pick up the police reports or discuss plea deals or dismissal for the client.

At this stage, the attorney has the chance to talk with the Judge about whether there are any issues with the case before a trial is set.

Preliminary Hearing Stage

This is the stage where the prosecution has to show that there is probable cause to believe that the defendant committed the DUI. If the prosecutor is unsuccessful at presenting a probable cause, then the case will be dismissed. However, if the prosecutor is successful, the case proceeds.

Scratch/Temporary Dismissal of the Case

Scratching or temporary dismissal of the case does not mean that the case is dismissed entirely. There are many instances where the State temporarily dismisses a case when they need more time and re-files that same case a few months after the scratch.

Prefile Stage

A prefile investigation would take place when the police have a suspicion that an individual has committed a crime. The police will try to either prove or dispel their suspicion.

Grand Jury

A grand jury’s job entails reviewing potential criminal charges that the prosecution would like to file and take out any charges that the grand jury finds not supported by probable cause. In Arizona, this would be made up of a group of 9-16 people.

Arraignment

This is when the Judge will confirm that the defendant has legal representation and knows what action the grand jury has decided to take. The case will then be set on the Court’s docket by the Judge.

Trial (If Necessary)

If the defendant has the opportunity to a jury trial, the attorney will be able to tell their client’s side of the story to the jury.

Sentencing (If Necessary)

This is when the Judge imposes the penalties (if it comes to that). This stage is preceded by the presentencing hearing, where the Judge would hear evidence about potential sentences.

Felony Charges for DUI in them Arizona Santa Cruz County Superior Court:

The Santa Cruz Superior Court in Arizona is a trial court, with jurisdiction over a wide range of different types of criminal cases. The majority of criminal cases heard there are felonies.

If you are arrested and charged with an aggravated DUI in Amado, Elgin, Nogales, Patagonia, Rio Rico, Sonoita, Tubac or Tumacacori, your case will be likely filed in the Santa Cruz County Superior Court.

Class 4 Felony DUI Charges

The types of Aggravated DUI charges that fall under Class 4 are:

  • Two or more prior DUIs in the prior seven years;
  • DUI on suspended or revoked license, and;
  • DUI while ordered to use an ignition interlock device.

A class 4 felony would result in the following possible minimum penalties for a charge of Aggravated DUI:

  • Four months’ prison time
  • $750 in fines and 83 percent surcharge
  • Required counseling

Class 6 Felony DUI Charges

The types of Aggravated DUI charges that fall under Class 6 are:

  • DUI with a child under 15 years old in the car

A class 6 felony would result in the following possible minimum penalties for a charge of Aggravated DUI:

  • Class 1 misdemeanor jail time
  • Class 1 misdemeanor fines
  • Required counseling for at least 12 months

Unless there was also an accident, you can be charged with:

Endangerment: Endangerment charges are one of the most common charges imposed against drivers.

Aggravated Assault: You may be charged with this when you cause “temporary but substantial disfigurement, temporary but substantial loss or impairment of any body organ or part or a fracture of any body part.”

Vehicular Manslaughter: In Arizona, manslaughter falls under a Class 2 felony. This would result in harsh penalties, ranging from 7-21 years.

Murder: The range of penalties is harsher for a charge of Second-Degree Murder. It ranges from 10-25 years.

Santa Cruz County Superior Court DUI Defense Attorney

It would be in anyone’s best interest to contact and retain a prudent attorney in a timely manner, given how serious the potential penalties and consequences of a DUI charge are. With years of experience dealing with a variety of DUI cases, our expert counsels would be able to effectively reduce penalties of varying degrees. If you find yourself facing a felony DUI charge, please give us a call at (480) 248-7666 to schedule a free consultation.

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