What Happens to Your Misdemeanor Case When You Also Have a Felony Case in Arizona?
If you have more than one criminal case pending in Arizona, things can get confusing quickly.
Maybe you already had a misdemeanor case in Tucson City Court or Pima County Justice Court when you were arrested on a new felony charge. Now the felony is proceeding in Pima County Superior Court. You may have different court dates, different prosecutors, and even different defense attorneys handling the cases.
Meanwhile, the misdemeanor case keeps getting continued.
That can leave defendants—and especially their families—wondering: Why aren't we just resolving the misdemeanor? Does the felony case affect it? Could the misdemeanor be dismissed?
The answer is that although the cases are separate, they should not necessarily be treated as though they exist in completely separate worlds.
Sometimes the outcome of a felony case can affect how a misdemeanor prosecutor is willing to resolve another pending case. In those situations, slowing down one case may actually be part of the defense strategy.
Here is what defendants facing multiple criminal cases in Tucson and Pima County should understand.
You Can Have Criminal Cases Pending in Different Arizona Courts
Arizona criminal cases are divided among different courts depending on factors including the type and severity of the charge and where the alleged offense occurred.
In the Tucson area, for example, someone might have a misdemeanor pending in Tucson City Court while simultaneously facing felony charges in Pima County Superior Court. Another person might have a misdemeanor in Pima County Justice Court and a separate felony matter in Superior Court.
Someone could even have cases pending in multiple municipal or justice courts.
Each case has its own case number, prosecutor, judge, court dates, disclosure, and potential resolution.
But the fact that the cases are technically separate does not mean they cannot affect one another.
For a criminal defense attorney, the question should not always be:
"How can I resolve this case today?"
Sometimes the better question is:
"How will resolving this case today affect everything else my client has going on?"
That distinction can matter.
Why Would a Defense Attorney Continue a Misdemeanor While a Felony Is Pending?
Clients understandably want their criminal cases resolved as quickly as possible. Being accused of a crime is stressful. Being in custody makes that pressure even greater.
But the fastest resolution is not necessarily the best resolution.
Suppose a defendant has a relatively minor misdemeanor pending while also facing a much more serious felony prosecution. If the felony case is approaching a potential resolution, there may be good reason to see what happens in that case before resolving the misdemeanor.
The ultimate outcome of the felony case could affect the prosecutor's position on the misdemeanor.
For example, depending on the facts and circumstances, a misdemeanor prosecutor might eventually consider:
dismissing the misdemeanor;
offering a time-served resolution;
reducing the charge;
changing the terms of a plea offer; or
resolving the case in a way that takes the felony disposition into consideration.
None of these outcomes is guaranteed. Prosecutors have discretion, and every case is different.
But accepting a misdemeanor conviction today simply because an offer is available may eliminate an opportunity for a better resolution later.
A continuance does not necessarily mean that nothing is happening. Sometimes waiting is part of the defense strategy.
Can a Misdemeanor Be Dismissed Because You Have a Felony Case?
There is no automatic rule that requires a misdemeanor to be dismissed simply because a defendant has also been charged with or convicted of a felony.
But dismissal may sometimes become part of the discussion.
Prosecutors consider many factors when deciding whether and how to proceed with a criminal case. Depending on the circumstances, the resolution of a more serious case may affect whether the State or prosecuting agency believes there is value in continuing to pursue a separate misdemeanor.
The individual facts matter enormously.
The misdemeanor prosecutor may consider the nature of the allegations, the available evidence, the defendant's custody status, the outcome of the other case, the interests of an alleged victim, the defendant's criminal history, and other circumstances.
That is one reason a defense lawyer handling the misdemeanor should know what is happening in the felony case.
Sometimes that means communicating directly with the attorney representing the defendant in the felony matter.
Why Coordination Between Criminal Defense Attorneys Matters
Having two attorneys does not mean that the attorneys should operate without knowing what the other case is doing.
When I represent someone who has another significant criminal matter pending, I may communicate with the attorney handling that case when appropriate and authorized.
I want to know things such as:
What stage is the other case in?
Is a plea being negotiated?
Is the case going to trial?
Is dismissal a realistic possibility?
Is the client currently in custody because of the other case?
Is sentencing approaching?
Could the anticipated outcome change negotiations in my case?
The attorneys do not necessarily need to agree about every strategic decision. Each lawyer is responsible for the case he or she is handling.
But both attorneys should understand the bigger picture.
A plea that looks attractive when examining one case in isolation may look very different when the defendant's entire situation is considered.
What Does a "Time Served" Plea Mean in Arizona?
Defendants in custody frequently hear the phrase "time served."
Generally, a time-served resolution means that the defendant receives credit for jail time already served and is not required to serve additional jail time on that particular sentence.
That can obviously be important to someone who is sitting in jail.
But there is an important distinction:
Time served is not the same thing as dismissal.
A plea agreement resulting in time served may still require the defendant to plead guilty or no contest to a criminal offense. That conviction can have consequences beyond whether additional jail is imposed.
Depending on the charge and circumstances, there may also be fines, fees, probation, treatment, classes, restrictions, or other requirements.
A conviction can also potentially affect employment, professional licensing, housing, immigration status, firearm rights, future criminal cases, or other areas of a person's life.
That does not mean a time-served offer is necessarily a bad resolution. In some cases, it may be an excellent result.
It simply means that "You can get time served" should not end the analysis.
A criminal defense attorney should evaluate what the client is actually pleading to and what consequences come with that plea.
Should You Plead Guilty Just to Get the Misdemeanor Over With?
This is particularly tempting when someone has multiple criminal cases pending.
A defendant may think:
"The felony is the serious case. Why don't I just plead to the misdemeanor and get rid of it?"
Sometimes resolving the misdemeanor first makes sense.
Sometimes it doesn't.
Before entering a plea, the defendant and attorney should understand whether that conviction could affect the other pending case.
There may also be a strategic reason to wait.
If the felony is likely to resolve soon and its resolution could improve the negotiating position in the misdemeanor, accepting today's offer merely for the sake of closing the case may not be the best decision.
Criminal defense is not just about evaluating whether a plea offer is "good" in the abstract.
It is about determining whether it is good for this particular client, at this particular point in the case, considering everything else happening in the client's life and legal situation.
Does an In-Custody Defendant Have to Be Transported to Every Court Date?
Another issue that frequently causes confusion for defendants and their families is court attendance.
When someone is in jail, families may assume the defendant must be transported to the courthouse for every scheduled hearing.
That is not always the case.
Depending on the type of hearing, applicable rules, the court, and the circumstances, a defendant's personal appearance may sometimes be waived.
Whether that is legally permitted and strategically appropriate depends on the proceeding.
For example, if a hearing is simply going to result in a new court date while counsel waits for an important development in another case, there may be circumstances in which bringing an in-custody defendant to court accomplishes little.
That is very different from proceedings where the defendant's presence is required or important.
If you are represented by an attorney and are unsure whether you need to attend court, do not simply assume you can miss the hearing. Talk to your lawyer. Failing to appear when your presence has not been properly excused can have serious consequences.
Why Does My Criminal Case Keep Getting Continued?
Repeated court dates can be incredibly frustrating.
This is especially true for someone sitting in custody. From the client's perspective, a continuance may feel like nothing happened.
But the meaningful work in a criminal case does not always happen inside the courtroom.
Between court dates, a defense attorney may be:
obtaining and reviewing police reports;
requesting body-worn camera or surveillance video;
interviewing witnesses;
waiting for laboratory results;
investigating defenses;
negotiating with the prosecutor;
communicating with counsel in another pending case;
monitoring developments that could change the prosecutor's position; or
preparing the case for trial.
There are certainly circumstances where unnecessary delay should be challenged. Defendants have important rights concerning the timely resolution of criminal charges.
But there is a difference between unnecessary delay and a strategic decision to avoid resolving a case prematurely.
That is why the reason for the continuance matters.
Sometimes the Best Negotiating Position Comes From Being Willing to Go to Trial
Waiting for another case to resolve does not mean a defendant must eventually accept whatever plea the prosecutor offers.
Sometimes the other case resolves and creates an opportunity for dismissal or a substantially better offer.
Sometimes it doesn't.
If the prosecution still wants to pursue the charge and the available resolution is unacceptable, trial may remain the appropriate option.
That is another reason defense counsel may need time to obtain and review all of the evidence.
Surveillance footage, body-worn camera recordings, witness statements, 911 calls, photographs, forensic evidence, and other disclosure can significantly change how a case should be evaluated.
A defendant should not have to choose between an unfavorable plea and an unprepared trial.
When necessary, the defense should be prepared to say:
If we cannot reach an acceptable resolution, we will set the case for trial.
Criminal Defense Strategy Requires Looking at the Whole Picture
When someone has multiple criminal cases pending, each case has to be defended on its own facts and evidence.
But that does not mean the cases should be evaluated in isolation.
A good defense strategy may require looking at:
all pending charges;
which courts are involved;
the defendant's custody status;
available evidence;
potential plea agreements;
sentencing exposure;
release conditions;
the timing of each case;
collateral consequences; and
how resolving one case could affect another.
Sometimes the right strategy is to move quickly.
Sometimes the right strategy is to fight for dismissal immediately.
Sometimes the right strategy is to prepare for trial.
And sometimes the right strategy is to wait before making a permanent decision because another pending case may change the available options.
The important thing is that the decision is strategic rather than automatic.
Facing Multiple Criminal Charges in Tucson or Pima County?
If you have a misdemeanor and felony case pending at the same time, it can be difficult to understand how the cases fit together—particularly when they are being prosecuted in different courts.
Before accepting a plea simply to get one case over with, it is important to understand the potential consequences and whether the resolution of another pending case could affect your options.
Amanda Bynum of AJB Law Firm, LLC represents individuals facing criminal charges in Tucson and throughout Pima County, Arizona. Her practice includes misdemeanor and felony criminal defense, DUI defense, domestic violence allegations, and other criminal matters.
If you are facing criminal charges in Tucson or Pima County and want to discuss your options, contact AJB Law Firm, LLC to schedule a consultation.
This article provides general information about Arizona criminal cases and is not legal advice. Every case is different, and past outcomes do not guarantee future results.
