Criminal Law

questions & answers

Question: Is it possible to have a criminal case transferred from one municipality to another? or may a case be moved from municipal court to city court?

Answer: Criminal prosecutions are tried in the county where the crime was allegedly committed, either in a Superior Court (State trial court), or a court of limited jurisdiction (justice of the peace, city magistrate or police court). Ariz. Rev. Stat. Ann. §13-109(A); Ariz. R. Crim. P. 1.4(d). The general rule is that the prosecutor decides where the case is tried, not the defendant. Ariz. R. Crim. P. 2. However, a Motion for Change of Place of Trial may be made in any criminal case before trial if a fair and impartial trial cannot be had. Ariz. R. Crim. P. 10.3. An attorney should be consulted immediately in criminal matters that may result in jail or prison sentences and or fines.

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