Arizona DUI & Criminal Defense Lawyer Blog

We have recently discussed both initial and pretrial hearings in a DUI cases, and while many cases can be resolved during the pretrial phase of a case (or even earlier in some cases), there are various circumstances where a DUI case is set for trial. The thought of trial can be very nerve-wracking for many reasons, but understanding what to expect once a case is set for trial can possibly alleviate some of these concerns. Prior to the day of trial, you will likely have what is usually referred to as a Trial Management Conference or a Calendar Call.

Trial Management Conference

A Trial Management Conference is a final conference that precedes a jury trial. In misdemeanor courts it is often called a ‘calendar call’. Regardless of the name given, the purpose of the hearing is for the attorneys, you and the assigned judge to discuss final attempts at settlement, and to discuss any legal issues that may be relevant to the upcoming trial once it is determined that settlement will not occur. A Trial Management Conference can also be an opportunity for the court to rule on substantive pretrial motions that have been filed by your attorney. This can include judicial rulings on Motions to Dismiss, Motions to Suppress, and other pre-trial motions arguing procedural defenses. This is an important hearing as it may be your last opportunity for a successful resolution short of a trial. Thus, it is important that you work with your attorney in a collaborative effort to prepare for the Trial Management Conference so that you may achieve your litigation objectives.

In a recent blog posting, we discussed the initial hearings in DUI cases and what to expect early on in a DUI prosecution. After the initial hearings, a DUI case will be set for various pretrial hearings with opportunities for case settlement at any point during this phase of the DUI court process. Ultimately, if a settlement agreement (or dismissal) is not achieved during pretrial proceedings, your case will likely proceed to trial. What can you expect during the pretrial phase of your Scottsale DUI case and what are the different types of pretrial hearings you can anticipate in the DUI court process? If you were stopped in Scottsdale and charged with DUI, which courthouse will you need to appear at?

To answer the question regarding location of your court appearance, it will depend upon which law enforcement agency cited you and whether you are being charged with Misdemeanor DUI or Felony DUI. If you were stopped by the Scottsdale Police Department and cited for a misdemeanor DUI, you will likely be appearing in the Scottsdale City Court. If you were stopped by the Arizona Department of Public Safety (DPS) or Maricopa County Sheriff’s Office (MCSO), you will likely be appearing in one of the Scottsdale Justice Court Precincts – either the Arcadia Biltmore Justice Court, the Desert Ridge Justice Court, or the Dreamy Draw Justice Court. If you are facing felony DUI charges in Scottsdale then you will likely be appearing in the Maricopa County Superior Court / Southeast Facility, at least for your initial hearings. Your case could be transferred to the Maricopa County Superior Court / Downtown if it’s not resolved in the early stages of the court process. You will need to refer to your traffic ticket, summons, or other court paperwork you received to determine the exact location, date and time of your first court appearance.

A Pre-Trial Conference is a court hearing where your attorney will have an opportunity to discuss your case with the prosecutor. On many occasions an initial plea offer will be extended by the government at the first Pre-Trial Conference. Except for the most unusual of circumstances, it is normally best not to enter into a plea agreement at your first Pre-Trial Conference simply because there has not been sufficient time to investigate your case to develop a criminal defense strategy. Nor has there been sufficient time, at the first Pre-Trial Conference, to really make a determination of the strengths and weaknesses of the prosecutor’s case. Most of the time, especially in misdemeanor courts, you will probably want to have at least three Pre-Trial Conferences (about 90 days) to allow for an appropriate amount of time to consult with legal counsel. This should be sufficient time to develop a Defense Investigation Outline, and to conduct a proper defense investigation of your case. This process will allow you an opportunity to identify the strongest legal and factual defenses available to you.

You have been charged with a Mesa DUI and are quite possibly preparing to enter a criminal court room for the first time in your life, other than perhaps appearing for jury duty at some point in the past. This can seem quite daunting, not knowing what to expect, unfamiliar with the location of the courthouse/courtroom, uncertain of what will happen at the first court hearing, and having no idea what to wear or how early to arrive at the courthouse, among many other unanswered questions swirling around in your mind.

To answer the question regarding location of your court appearance, it will depend upon which law enforcement agency cited you and whether you are being charged with Misdemeanor DUI or Felony DUI. If you were stopped by the Mesa Police Department and cited for a misdemeanor DUI, you will likely be appearing in the Mesa Municipal Court. If you were stopped by the Arizona Department of Public Safety (DPS) or Maricopa County Sheriff’s Office (MCSO), you will likely be appearing in one of the Mesa Justice Court Precincts – either the East Mesa Justice Court, West Mesa Justice Court, or the North Mesa Justice Court. If you are facing felony DUI charges in Mesa then you will likely be appearing in the Maricopa County Superior Court / Southeast Facility, at least for your initial hearings. Your case could be transferred to the Maricopa County Superior Court / Downtown if it’s not resolved in the early stages of the court process. You will need to refer to your traffic ticket, summons, or other court paperwork you received to determine the exact location, date and time of your first court appearance.

As for what you should wear – there is usually a minimum dress code policy inside a courthouse such as no clothing with rips or tears, no tank tops, hats, halter tops, sunglasses, etc. but beyond that, it is a good idea to dress modestly and wear clean and neat clothing. This doesn’t mean you need to go out and purchase a new outfit, but you should dress in a way that will demonstrate to the judge that you are taking your case seriously. If in doubt, ask your attorney what he/she recommends you wear.