Arizona Laws 22-301. Jurisdiction of criminal actions
A. The justice courts shall have jurisdiction of the following offenses committed within their respective precincts:
Terms Used In Arizona Laws 22-301
- Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- municipal court: as used in this title includes city or town magistrates' courts and all other courts established by law in incorporated cities and towns. See Arizona Laws 22-401
- Population: means the population according to the most recent United States decennial census. See Arizona Laws 1-215
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
1. Misdemeanors and criminal offenses punishable by a fine of not more than $2,500, or imprisonment in the county jail for not more than six months, or by both a fine and imprisonment. Any penalty or other added assessments levied shall not be considered as part of the fine for purposes of determining jurisdiction. The amount of restitution, time payment fees or incarceration costs shall not be considered as part of the fine for purposes of determining jurisdiction.
2. Felonies, but only for the purpose of commencing action and conducting proceedings through preliminary examinations and holding the defendant to answer to the superior court or to discharge the defendant if it appears that there is not probable cause to believe the defendant is guilty of an offense.
B. In a county with a population of more than two million persons, the justice of the peace of each justice precinct shall have original jurisdiction to hear misdemeanor offenses as set forth in subsection A, paragraph 1 of this section that occur within the respective precinct in which the justice of the peace is elected unless either of the following applies:
1. The offense is filed by a municipal officer or agent in a municipal court.
2. The offense is consolidated with a felony offense in the complaint, information or indictment.
C. For the purposes of subsection A or B of this section, an offense is committed within the precinct of a justice court if conduct constituting any element of the offense or a result of the conduct occurs:
1. Within the precinct.
2. Within a county park that includes a body of water located in two counties if one county has a population of more than three million persons and one county has a population of more than two hundred thousand persons but less than three hundred thousand persons and the precinct includes some part of the county park.
D. If a uniform traffic ticket and complaint is filed in the incorrect precinct and that precinct is on the boundary of the precinct where the offense occurred, the case may be transferred to the correct precinct if both precincts are in the same county. This subsection does not affect the applicability of section 13-109.