Location-specific FAQ for defendants facing criminal charges in Phoenix, including how Phoenix Municipal Court works and what to expect in Maricopa County Superior Court.
Frequently Asked Questions
The court that handles your case depends on the nature of the charge. If you are charged with a misdemeanor that occurred within Phoenix city limits, your case will likely be heard at Phoenix Municipal Court, located at 300 W. Washington Street. The Phoenix City Prosecutor’s Office handles these matters. If you are charged with a felony — regardless of where in Maricopa County it occurred — your case will be heard at Maricopa County Superior Court, 201 W. Jefferson Street in downtown Phoenix, and prosecuted by the Maricopa County Attorney’s Office.
Phoenix law enforcement handles a high volume of DUI arrests, assault charges, domestic violence incidents, theft offenses, and drug-related charges. Given Phoenix’s size and population density, cases involving disorderly conduct, trespassing, and weapons charges are also frequent. Downtown Phoenix, South Mountain, and corridor areas along I-10 and I-17 see elevated traffic enforcement activity. DUI checkpoints are regularly operated along major Phoenix arterials. Each of these charge types carries specific statutory penalties under Arizona law and requires a tailored defense strategy.
After a DUI arrest in Phoenix, you face both a criminal case and an administrative process through the Arizona Motor Vehicle Division (MVD). On the criminal side, you will receive a court date for Phoenix Municipal Court (misdemeanor DUI) or Maricopa County Superior Court (felony DUI). On the administrative side, you have 30 days from the date of your arrest to request a hearing to contest the suspension of your driver’s license — commonly called the Admin Per Se hearing. Missing that 30-day deadline results in an automatic license suspension. Attorney Josh handles both tracks of a DUI case to protect your driving privileges and fight the criminal charges simultaneously.
Assault charges in Phoenix range widely in severity. Under ARS 13-1203, simple assault is a Class 1 misdemeanor when it involves intentionally, knowingly, or recklessly causing physical injury, or placing someone in reasonable apprehension of harm. Aggravated assault under ARS 13-1204 is a felony — the classification depends on factors like serious physical injury, use of a weapon, or the victim’s status. What begins as a bar fight on Roosevelt Row or a confrontation near Talking Stick Resort Arena can escalate to serious charges quickly. An experienced Phoenix criminal defense attorney evaluates all the facts to identify defenses including self-defense, mutual combat, and lack of intent.
This is one of the most common misconceptions in domestic violence cases. In Arizona, the decision to prosecute lies with the Phoenix City Prosecutor’s Office or the Maricopa County Attorney’s Office — not the alleged victim. Once law enforcement makes an arrest and submits a report, the state can proceed with charges regardless of the victim’s wishes. This makes having a skilled defense attorney critical from the moment of arrest. Attorney Josh focuses on building a defense that challenges the evidence and the prosecution’s case — not the alleged victim — which is the only effective strategy.
Phoenix Municipal Court handles Class 1, 2, and 3 misdemeanor cases arising within Phoenix city limits. The court is located at 300 W. Washington Street and operates with its own set of local rules and procedures. Arraignments, pretrial conferences, and bench or jury trials all occur within the municipal court system. Critically, misdemeanor convictions in Phoenix Municipal Court still result in a permanent criminal record. Even a Class 1 misdemeanor conviction can affect employment and housing applications. Representation by an experienced defense attorney at every stage of municipal court proceedings is essential.
In Arizona felony cases, a preliminary hearing (also called a probable cause hearing) is held to determine whether sufficient evidence exists to require the defendant to stand trial. This hearing takes place in justice court before the case is transferred to Maricopa County Superior Court. Prosecutors present evidence and witnesses; the defense has the opportunity to challenge the sufficiency of that evidence. A preliminary hearing is also an opportunity for the defense to observe the prosecution’s case and begin identifying strategic weaknesses before trial.
DUI checkpoints are legal in Arizona under both state and federal constitutional law, provided they are conducted in a non-discriminatory, systematic manner with prior public notice. In Phoenix, the Police Department regularly publicizes checkpoint locations. You are generally permitted to make a legal U-turn to avoid a checkpoint provided you do so before reaching it and do not commit any traffic violations in the process. However, a sudden or illegal turn in close proximity to a checkpoint may give officers reasonable suspicion to stop you. If you were stopped at or near a Phoenix DUI checkpoint, the legality of that stop is worth examining carefully with an attorney.
Attorney Josh’s Smart Defense approach means every Phoenix case is handled with thoroughness, precision, and strategic intent. Rather than pushing for a fast resolution, Attorney Josh reviews every element of the prosecution’s case — police reports, body camera footage, witness statements, lab results — to identify procedural errors, constitutional violations, and factual weaknesses. In Phoenix courts, where prosecutors handle high caseloads, a defense attorney who is prepared, knowledgeable, and assertive commands respect at the negotiating table and in the courtroom.
Attorney Josh offers free consultations for defendants facing criminal charges in Phoenix and throughout Maricopa County. You can reach the firm directly by calling (480) 386-1824. The Phoenix office is located at 2601 N. 3rd Street, Suite 301, Phoenix, AZ 85004. During your consultation, Attorney Josh will review the facts of your case, explain your legal options, and give you an honest assessment of how to move forward. There is no obligation, and everything discussed is confidential.