Law Violation and Probable Cause/Pretrial Process
First step - Criminal Justice process starts with a law violation. We must identify what and where a crime was committed. For example, a male subject advises a gun was pointed at him. What geographical area when he or she pointed gun? to determine jurisdiction where crime was committed.
In this example, it would be aggravated assault. The question would be where did the crime occur? If the aggravated assault occurred on I-17. Who would have jurisdiction? Department Public Safety would have jurisdiction, because its a state highway and located within State of Arizona.
Second step - Identify elements of crime. State of Arizona Aggravated Assault law reads;
13-1204. Aggravated assault
A. A person commits aggravated assault if the person commits assault as prescribed by section 13-1203 under any of the following circumstances:
1. If the person causes serious physical injury to another.
2. If the person uses a deadly weapon or dangerous instrument.
3. If the person commits the assault by any means of force that causes temporary but substantial disfigurement, temporary but substantial loss or impairment of any body organ or part or a fracture of any body part.
4. If the person commits the assault while the victim is bound or otherwise physically restrained or while the victim's capacity to resist is substantially impaired.
5. If the person commits the assault after entering the private home of another with the intent to commit the assault.
6. If the person is eighteen years of age or older and commits the assault on a minor under fifteen years of age
In our example, we will use A.R. 13-1204. (A) (3), where facts must show force which caused disfigurement, which is temporary but substantial for example, John striking Mike in back of his head, causing a lump. Documentation of injuries will show temporary disfigurement and substantial injury. Documentation can consist of injuries by taking photographs, EMS report, Emergency Room report, etc. Any documentation should be subpoenaed for court.
Third step - Confirm who caused injuries. Victim (s) and witnesses should be able to provide this information. Physical evidence such as fingerprints, surveillance video, blood, etc. if available, could provide identity of suspect.
Fourth Step - Audit facts to determine if probable cause exist. Make a list of facts collected and contrast against the law that fits the crime that was potentially violated. If you are able to satisfy each element of that law with physical or scientific facts, you have probable cause to arrest or request a arrest warrant.
For example:
13-1204. Aggravated assault
A. A person commits aggravated assault if the person commits assault as prescribed by section 13-1203 under any of the following circumstances:
3. If the person commits the assault
- by any means of force (John used a bat and struck Mike causes force against his person)
- that causes temporary but substantial disfigurement, (Caused a lump which can be seen as disfigurement)
- temporary but substantial loss or
- impairment of any body organ or
- part or a fracture of any body part. (Note: If there wasn't a fracture. It doesn't matter, the disfigurement alone would qualify the charge. If a fracture did occur, then it would be additional evidence to satisfy a violation.)
Fifth step - Affect an arrest. An arrest can occur in two ways. If you are on scene of a call and the suspect is still on scene an arrest can be initiated. If its a misdemeanor and didn't occur in a officer's presence and not a domestic violence, a warrant has to be secured. When a domestic violence call has gone cold after several hours or days a warrant must be secured. Felony crimes an officer can initiate an arrest.
Sixth step - Booking. After a person has been placed in custodial arrest, that person is NOT free to leave. Any investigative interviews or interrogations related to the case requires Miranda Warning. Standardized booking questions don't require Miranda Warning. (For example, name, dob, are you on any medication? Emergency contact name and number?) There are two locations a person can be booked into:
Detention Center - located at arresting agency police department
Jail/Detention Center - located at county jail facility.
Bail Schedule
1. (Click Here)
2. (Click Here)
3. (click Here)
Seventh step - Filing of criminal complaint. Depending on procedures established by County or District Attorney a criminal complaint must be completed and filed with your local court and prosecuting office. Most jurisdictions require a criminal complaint and probable cause sheet to be filled out and placed with the defendants jail paperwork and given a copy during booking process (so they are informed of their charges and facts about their arrest).
Depending on the jurisdiction, dictates what format will be used, but the basic content will be the same. Here are two types of criminal complaints and indictment:
Federal Court
Federal District Court Criminal Complaint (Click Here)
Federal District Court Criminal Complaint Blank Template (Click Here)
Federal Indictment Example (Click Here) Used for felonies for Grand Jury
State Court
District Court Criminal Complaint (Click Here)
District Court Indictment Example (Click Here)
Eighth step - Arraignment occurs within 48 hours a person has been placed into custody. During this proceeding a person are read their 1. Rights 2. Charges 3. Facts (Probable Cause). Defendants will be asked how do they plea (Guilty, Not Guilty, or No contest). Depending on how they reply, a bail will be set and a Probable Cause Hearing will be scheduled.
Eighth Step - Probable Cause hearings requires prosecutors to present their evidence to establish if probable cause exist. Defense attorneys are allowed to file motions and challenge evidence. Defendants are not required to testify or present evidence. If a prosecutor fails to produce enough evidence to establish probable cause, charges are dropped. If probable cause exist, the case is bonded over for trial.