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Wednesday, December 13, 2017

Frequently Asked Questions (FAQs)

 Click on a category to the left to filter the list of FAQs below.

Can I get restitution for my monetary losses as a result of the defendant’s crime against me?

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.

Do I have to attend court hearings?

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.

Do I have to testify at a trial if I don’t want to?

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.

How can I contact the prosecutor assigned to my 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.

What happens at the case management conference?

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.

What is Early Disposition Court (EDC)?

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.

What is the difference between a misdemeanor and a felony?

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.

What is the difference between Justice Court and Superior Court?

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 eight superior courts.

Where can I get a police report?

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.
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