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Transferring a Criminal Case from Phoenix City Court to Superior Court

March 21, 2024 Uncategorized

Transferring a Criminal Case from Phoenix City Court to Superior Court

Getting charged with a crime is scary. Going to court is confusing. Trying to understand the legal system can make your head spin! This article will explain how a criminal case moves from Phoenix City Court to Superior Court in plain English. We’ll talk about the steps, the laws, and what it all means for someone charged with a crime.

The Courts

There are a few different courts that handle criminal cases in Phoenix and the rest of Arizona. It’s important to understand the different courts and what types of cases they handle.

  • Justice Courts – These courts handle misdemeanor cases, civil lawsuits up to $10,000, and small claims cases. There are many Justice Courts throughout the state located in various cities and towns.
  • Municipal Courts – Cities like Phoenix have their own Municipal Courts that handle misdemeanor criminal cases and civil traffic violations that occur within city limits. The Phoenix Municipal Court is located in downtown Phoenix.
  • Superior Courts – These courts handle felony criminal cases, juvenile cases, family court cases like divorce, and major civil lawsuits over $10,000. Superior Courts are located in each county in Arizona.

So in a nutshell – minor criminal cases start out in city or justice courts. But for more serious felony charges, the case has to get transferred to the Superior Court.

How a Case Moves from City Court to Superior Court

Say you get arrested by Phoenix PD and charged with a misdemeanor DUI. This is a criminal offense handled by the Phoenix Municipal Court. You’ll get a court date to appear at the downtown Phoenix Municipal Courthouse.

But then the prosecutor reviews your case and decides your DUI is bad enough to charge as a felony. Uh oh – now your case has to move over to Superior Court. Here’s how it happens:

  1. The prosecutor files a motion to transfer your case. This asks the judge to move the case from city court to superior court.
  2. The city court judge will grant the motion to transfer at a hearing you must attend.
  3. Your case then gets sent to the Maricopa County Superior Court complex in downtown Phoenix.
  4. You’ll be assigned a new case number and department number for your case in Superior Court.
  5. From then on, you’ll have hearings at the superior courthouse instead of city court.

It’s that simple! Well, simple in theory at least. The process can feel confusing and intimidating. But the basic steps are straightforward. Prosecutor asks to transfer, judge approves transfer, and your case moves to Superior Court.

Why Transfer a Case?

You’re probably wondering – why would a prosecutor want to transfer my case? There’s a few reasons this might happen:

  • Elevate the charges – Turn a misdemeanor into a felony by transferring to Superior Court.
  • Seeking harsher punishment – Superior Courts can impose longer jail sentences.
  • Complex case – Superior Courts have more resources for complicated cases.
  • Out of town defendant – Defendants from other states must be in Superior Court.

So in most cases, the prosecutor transfers a case because they want to bump up the charges and punishments. But sometimes there are other reasons like needing more court resources.

How Will This Affect My Case?

Let’s be real – having your case transferred to Superior Court is bad news. The prosecutor is escalating things and trying to make life difficult for you. Here’s some ways transferring your case could affect the outcome:

  • Higher charges – Misdemeanors become felonies, which are more serious.
  • More jail time – Superior Courts have higher sentencing limits.
  • Harder to negotiate – Prosecutors may offer less lenient plea deals.
  • More court dates – Felony cases take longer to resolve.
  • Higher fines – Felonies bring bigger fines and fees.

So in most cases, transferring to Superior Court means you’re looking at increased charges, higher penalties, tougher plea bargains, and more drawn out court proceedings. Not fun!

Fighting the Transfer

If the prosecutor files to transfer your case, you don’t just have to accept it. Your defense attorney can fight the transfer by filing an objection with the court.

There are a few arguments your lawyer could make:

  • No reason to transfer – Argue there’s no legal basis for the transfer.
  • Prejudicial transfer – Fight transfer if it seems unfairly prejudicial.
  • Disputed facts – If prosecutor’s facts are wrong, object to transfer.
  • Case complexity – Argue the case isn’t too complex for city court.

The judge will consider these arguments at a hearing and decide whether to grant the transfer or not. There’s no guarantee, but it’s worth opposing if the transfer seems excessive or unjustified. Don’t let the prosecutor bump your case to Superior Court without a fight!

Transferring Cases from Justice Court

We’ve focused on transfers from Phoenix City Court, but cases also get transferred from Justice Courts around Arizona. The process works the same way. For example:

  • You get charged with an assault misdemeanor in Mesa Justice Court.
  • The prosecutor files to transfer your case to Maricopa County Superior Court.
  • The justice court judge approves the transfer motion.
  • Your case gets sent to Superior Court in downtown Phoenix.

One difference is that Justice Courts may have less information about your case early on. According to an official court document, the Justice Court may transfer your case to Superior Court before critical details are known. Then Superior Court investigators will gather the facts about your charges.

The Bottom Line

Having your criminal case transferred from city or justice court to Superior Court is usually bad news. It means the prosecutor is escalating charges and looking for harsher punishment. Your defense lawyer can fight the transfer under certain circumstances, but often it’s unavoidable. If your case does get moved to Superior Court, be prepared for a tougher legal battle. But don’t despair – an experienced criminal defense attorney can still negotiate a favorable outcome even after a transfer.

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Todd Spodek

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RALPH P. FRANCHO, JR

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JEREMY FEIGENBAUM

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ELIZABETH GARVEY

Associate

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CLAIRE BANKS

Associate

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RAJESH BARUA

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CHAD LEWIN

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