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1. What happens at a pre-trial conference?

You or your attorney will be given an opportunity to meet with a Prosecutor to review the facts supporting the state's criminal charges against you.

At the pre-trial conference, you are entitled to review a copy of the complaint(s), any written police reports or any other evidence that the state intends to use at the trial. Witnesses do not attend the pre-trial disposition conference and no testimony is taken. However, victims do have the right to be present if they request to do so.

2. What happens at a trial on criminal charges/complaints?

Depending on the alleged offense, you may be entitled to a trial by jury. You are entitled to hear all testimony introduced against you. You have the right to cross-examine any witness who testifies against you.

You have a right to testify on your own behalf. You also have a Constitutional right not to testify. If you choose not to testify, your refusal cannot and will not be used against you in determining your guilt or innocence.

However, if you do choose to testify, the Prosecutor will have the right to cross-examine you. You may call witnesses to testify on your behalf.

You have the right to have the court issue subpoenas for witnesses to ensure their appearance at the trial.

3. How do I file an appeal?

If you decide to appeal a decision made against you for a criminal violation, or a citation with both criminal and civil traffic violations, you must file a NOTICE OF APPEAL with the Cottonwood Municipal Court within 14 calendar days from date of judgment. If you fail to file an appeal before this time period expires, you will lose your right to appeal.

4. What costs are involved?

There is a $17 appeal compact disk (CD), preparation fee assessment. This fee covers the cost of making a CD of the proceedings and must be paid the same day that the notice of appeal is filed. If more than one CD is required (if the hearing is longer than 60 minutes), you will be required to obtain the services of a court reporter to prepare a written transcript. You will be charged for the preparation of the transcript. In the event that you must hire a court reporter, you may set up a payment arrangement with the court reporter directly and the $17 appeal CD preparation fee will be refunded to you.

An appeal bond may not be required to stay the conviction and sentence on a criminal case. This means that during the appeal process, the conviction and sentence that was entered against you is placed on hold until the Superior Court makes a decision on the case.

5. Can I have an attorney represent me for my appeal?

You may have an attorney represent you during the appeal process. You may also proceed pro-per (acting as your own attorney).

6. Will the Court appoint me an attorney?

The Court may appoint an attorney for certain criminal appeals. You must first be deemed indigent. To attain this status, you must submit a written request for a public defender and provide a sworn financial statement for the Cottonwood Municipal Court to rule on.

7. What if I cannot afford the costs of an appeal?

If you cannot afford the costs associated with the appeal process, you may ask the Court to consider you indigent. In order to attain this status, you must provide a sworn financial statement for the Cottonwood Municipal Court to rule on.

8. What is a memorandum and when does it need to be filed?

Upon receipt of your notice of appeal and your written memorandum, the Cottonwood Municipal Court will forward a complete copy of your case to you and the state.

A memorandum is a written statement that you send to the Cottonwood Municipal Court setting forth the legal issues and legal reasons why you are appealing the judgment of the Cottonwood Municipal Court.

Once the Cottonwood Municipal Court has received both the appellate memorandum (from the party filing the appeal) and appellee memorandum (from the opposing party), the case will be forwarded to the Yavapai County Superior Court. Failure to pay any costs or fees, or to respond to any notices from the Municipal Court or Superior Court may result in your appeal being dismissed. You should read and respond to all notices received from either court.