Keep in mind they are building a case against you.
To avoid self-incrimination, or jeopardizing your defense, it is recommended that you do the following: For example, if the crime you are suspected of committing involves a violent or dangerous crime against a victim, they will likely need more time to investigate the incident.ĭuring that time, the police or investigator may contact you asking you if they can discuss your case, or conduct an unwarranted search of your home, auto, or person. When you should consider hiring a DUI and Criminal Defense Pre-indictment defense.ĭepending on the nature and severity of the initial charges, the police and prosecution may pursue continued investigation. The County Attorney has 7 years in which to file a felony complaint with the court and 1 year to file a misdemeanor complaint.ĥ.For more serious criminal charges they may present your case to the Grand Jury for consideration of an indictment.They may re-file with same process of a direct complaint. Whether or not formal charges will be filed is at the discretion of the prosecutor.If the Superior Court Prosecution decides to charge you formally, it can take anywhere from 2-12 months, or longer to re-file criminal charges in Arizona Superior Court.A “scratched” case may or may not mean charges were dropped.īelow are some time timelines and factors that are considered by the court: If a complaint is filed, the Maricopa County Attorney will ask for a summons to be delivered to the address you provided or will ask for a warrant to be issued for your arrest.
If the Maricopa County Attorney fails to file a complaint with the court within that time-frame the case is generally scratched. The judge reads you the formal complaint at this time.
What it means to have your criminal court case scratched.Īfter a person is arrested, the Maricopa County Attorney’s Office reviews the police report and determines whether formal charges should be filed in Court.Īn initial appearance hearing usually takes place within 24 to 48 hours of your arrest where you appear before a judge after being taken into custody. Below are some additional facts about scratched criminal cases. You should consult the Law Office of James Novak Arizona criminal defense attorney, who defends charges in Superior Court to discuss the matter. The only thing you will be able to ascertain at that time, is that the court hearing will not take place on the date and time as instructed on your complaint or summons. Then upon arrival you learn that your criminal case was scratched. Let’s say you were scheduled to appear for your first court date in Maricopa County Superior Court, either Phoenix Criminal Court or Mesa Criminal Court in Arizona. Maricopa County Criminal Defense Attorney Criminal Case “Scratched” 5 Facts you need to know if you’re criminal case was “scratched”