If a Plea Agreement that is beneficial, based upon the facts, has been accepted
between the defense attorney with you and the prosecutor, then a Change of Plea (COP)
will occur for a specific date. Then a "Pre-sentence Report" is ordered by the
judge to get a background on a person to determine a sentence. Ariz.R.Crim.P., Rule 17.4.
If a Plea Agreement is not reached you can then have this case set for Jury Trial
comprised of jurors from the community or a Bench Trial which would involve doing
the trial to the judge.
Pre-Sentence Report:
After a Change of Plea or if there is a Guilty Verdict after trial, report to
the Adult Probation Department to meet with a "Pre-Sentence Report" writer. The
Pre-Sentence Report writer will interview you and decide what "sentence" to recommend
to a judge so it is always important to treat the Pre-Sentence Report writer with respect.
Sentencing:
"Sentencing" will usually occur around a month after the Change of Plea or after a
Guilty Verdict at trial. At this time, the "Pre-Sentence Report" will already have
been prepared, and we will review that report with you. If it appears that the report
is recommending a harsh sentence we can move for a "Mitigation Hearing" to be held
about 30 days later to attempt to sway the judge to the lightest possible sentence
within the applicable ranges.
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