City Attorney Joshua Smith is the attorney and legal advisor to the City Council, the City Manager, Page Utilities Enterprises Manager, all City departments, and the City’s Advisory Boards, Committees, and Commissions. The City Attorney is responsible for drafting, reviewing and/or approving as to form all proposed ordinances, resolutions and contracts, which may be considered for adoption by the City Council to ensure that they adequately protect the legal interests of the City.
The City Attorney, in consultation with the City Council, prosecutes and defends all suits, actions, or causes where the City is a party, and reports to the City Council, when required, the condition of any suit or action to which the City is a party.
In addition to these civil duties, the City Attorney represents the City and the State of Arizona in the prosecution of criminal misdemeanor cases occurring within the City limits. Additionally, the City Attorney assures that the statutory rights of the victims of such crimes are protected.
Mr. Smith was appointed City Attorney by the Page City Council in April, 2016
The City Attorney does not represent citizens in legal proceedings. If you feel that you need legal representation in a civil matter or legal advice, and you cannot afford to retain an attorney, please contact Coconino Legal Aid, (928) 774-0653, or visit their offices at 222 E. Birch Avenue, Flagstaff, Arizona 86001. If you are looking for City Code sections, please contact the City Clerk’s office at (928) 645-4221. The Coconino County Law Library and Self Help Center may be accessed online at Coconino Law Library.
Page City Hall
697 Vista Avenue
Page, AZ 86040
U.S. Mail Address:
City of Page
P.O. Box 1180
Page, AZ 86040
Express Mail Address:
Page City Hall
697 Vista Avenue
Page, AZ 86040
What to do if a formal complaint or citation has been filed against you with the Page Municipal Court.
Arraignment and Plea
The charges against you allege that your actions were unlawful. You will need to appear in court at an arraignment to enter a plea on those charges. If you were issued a citation by a police officer, your initial court date will be written on the citation. If you received a summons from the Court, your arraignment date will be the court date indicated on our summons. If you fail to appear for Court on the date and time indicated, the Court may issue a warrant for your arrest.
Under the United States system of justice, all persons are presumed to be innocent until proven guilty beyond a reasonable doubt. Your decision on what plea to enter is an important one. There are three possible pleas to a criminal charge:
1. Plea of Not Guilty: This means that you are informing the court that you deny guilt, and that the state must prove the criminal charge(s) against you. The State is represented by the City Attorney’s Office.
2. Plea of Guilty: You admit that you committed the act(s) charged in the complaint, that the law prohibits such acts and that you have no legal defense for your conduct. If you were involved in a traffic accident at the time of the alleged offense, your plea of guilty could be used later in a civil suit for damages as an admission by you that you were at fault or were the party responsible for the accident.
3. Plea of No Contest: This plea, also known as nolo contendere, means that you are not admitting guilt and not denying it. You are saying that you do not wish to contest the state’s charge against you. Upon a plea of no contest, the Judge will enter a judgment of guilty.
You will enter your plea with the Judge at your arraignment. Unless your case involves a victim who has asked to be present, no witnesses will be present at arraignment and no testimony will be taken. At arraignment, the Judge will not grant a defendant’s request to dismiss any charges. You will simply enter your plea to the charge(s) against you.
If you enter a plea of guilty or no contest, you may be sentenced immediately following the Judge’s acceptance of your plea or you may be sentenced at a later date.
If your plea is “not guilty,” a pretrial conference will be scheduled followed by a trial setting. You must decide, if you have not already done so, whether to employ an attorney to represent you.
Do you need an attorney?
You may represent yourself, but no other person except an attorney may represent you on your case. Under some circumstances, a court-appointed attorney may be provided to you. You may or may not qualify for a court-appointed attorney. The Court alone can make that determination. If you feel that you cannot afford an attorney and wish representation, you may fill out an application, provided by the Page Magistrate Court, requesting that an attorney be appointed to represent you. An examination of your financial status will be made to determine if you are entitled to a court-appointed attorney. If you are eligible, you may be ordered to pay a portion of the attorney’s costs.
In most cases, you will not be granted a court-appointed attorney unless the State is seeking jail time. Of course, you may always hire your own attorney. You should promptly inform the Court if you already have an attorney or plan to hire one, or if you are requesting that the Court appoint an attorney to represent you. Once an attorney has entered an appearance on your behalf concerning your case, your attorney must communicate with the City Attorney on your behalf. The City Attorney cannot speak with represented defendants without their attorney present.
For some types of offenses, diversion programs offered by the City Attorney’s Office may provide an alternative to the normal trial process.
Pleas – If you plead not guilty at arraignment, you will receive two court dates. The first will be for a pretrial conference and the other for a trial. The pretrial conference is an opportunity for you to review the State’s evidence against you, and for the prosecutor to extend a plea offer that may resolve the case without the need for trial.
Documents to Bring with You – If you have been cited for failure to have insurance, vehicle registration, driver’s license or dog license / vaccination, it will be helpful to you to obtain proof of obtaining these before the pretrial conference. If you had these items at the time of the alleged offense, please bring in proof so that the prosecutor may review it.
Further Proceedings – Once you have finished speaking with a prosecutor, you will receive instructions on where to proceed. If you agree to a plea offer, then your case can be concluded on that date. If you decline the plea offer, your case will be assigned a trial date. If you decide later to accept the plea offer, you will need to appear before a judge to change your plea. Quite often, the best time to do this is at the time of trial. However, if you initially decline the plea offer and later decide to accept it, let the prosecutor know. A plea offer may be available only for a limited time.
Witnesses and Documentary Evidence – If you have witnesses or other evidence that you would like to have considered in your case, you will need to bring them with you on the trial date. If you need to subpoena a witness, the court clerks can assist you in the procedure you will need to take. You are entitled to be represented by an attorney, but you may also represent yourself.
Please be patient with the pretrial conference process. There are many others waiting to speak to a prosecutor and your cooperation and patience are appreciated.
Trial Procedure – If an attorney represents you, the attorney will advise you regarding the presentation of your case. If not, you need to be aware that the State will present its case first by calling witnesses to testify and presenting evidence against you.
1. After each prosecution witness has finished giving testimony, you will have the right to cross-examine the witness. Your examination must be in the form of questions, and you must not argue with the witness. Do not attempt to tell your side of the story at this time. You will have an opportunity to do so later in the trial.
2. After the prosecution has presented its case, you may present your case. You have the right to call witnesses of your choosing and to present evidence that is legally admissible. It is at this point that you may testify on your own behalf if you so desire.
3. At the end of the trial, you will have an opportunity to summarize your case to the jury, or in a non-jury case, to the Judge. At that time, you may present any arguments that are based on the testimony and evidence presented during the trial, and that tend to show that the State has not proven its case beyond a reasonable doubt.
The judgment, or verdict, will be based upon the facts and evidence presented during the trial. Testimony must have been given under oath to be considered.
The facts and circumstances of the case and your prior criminal record, or lack thereof, will affect the amount of any jail sentence, fine, fee or probation assessed by the court.
1. Mitigating circumstances may lower the amount of jail, fine or probation, even if you are guilty.
2. Aggravating circumstances may increase the amount of jail, fine or probation.
3. For some offenses, there are statutory minimum sentences that the judge must impose.
4. If your criminal conduct caused a loss to another person, for example, damage to property or physical injury that caused the person to incur medical expenses or lose time from work, you may be ordered to pay restitution in the amount of the loss.
Definition of “victim” :
1. “Victim” is defined by the Arizona Criminal Code as a person against whom the criminal offense has been committed, or if the person is killed or incapacitated, the person’s spouse, parent, child or other lawful representative, except if the person is in custody for an offense or is the accused.
2. Victims of misdemeanor crimes that occur within the Page City limits are provided with victims’ rights information from the City Attorney’s Office, initially via mail. The information is sent to the victim at the address listed in the police report. If you believe you are a victim of a misdemeanor crime being prosecuted by the City Attorney’s Office, and your address as listed in the police report is incorrect, or you have moved or someone at the address might intercept your mail, please contact the City Attorney’s Office to let us know.
3. Information and support may also be obtained from Victim/Witness Services for Coconino County. Victim/Witness Services advocates are available to explain the judicial system, act as a link between the prosecutor and the victim, give case status information, make referrals for social services, provide transportation to Court, escort victims while they testify or appear at hearings and assist in obtaining Orders of Protection or Injunctions Against Harassment. They may be contacted at:
Victim Witness Services for Coconino County 201 E Birch Ave #4, Flagstaff AZ 86001 Telephone: (928) 856-7676 Fax: (928) 214-8775.
Page Police Department: (928) 645-2462. In an emergency, dial 911.
When is my court date?
Your pretrial conference and trial dates are written on the order given to you at your initial appearance or arraignment. If you have a question regarding your court date, please contact the Page Magistrate Court at (928) 645-4280.
What if I cannot make my court date?
You will need to submit a written request to the City Magistrate Court to continue your court date. Make sure you include in your request your name, the case number, the court date that you want to continue and the reason for your request. You may hand-deliver your request to Page Magistrate Court, 547 Vista Ave., Page, Arizona 86040, or mail it Page Magistrate Court, P.O. Box 1180, Page, Arizona 86040. You must also submit a copy of your request to the prosecutor. Mail the copy to: Page City Attorney’s Office, P.O. Box 1180, Page, Arizona 86040 or hand-deliver a copy to: 697 Vista Ave., Page, Arizona 86040.
Who do I call to find out if my court date has been continued?
Call the Page Magistrate Court at (928) 645-4280.
Where do I go to pay my fines?
Page Magistrate Court, 547 Vista Ave., Page, Arizona 86040.
I received a summons, now what do I do?
You will need to appear for the court date listed on your summons.
I have a warrant for my arrest, now what do I do?
You will need to contact one of the Page Magistrate Court and then appear before a judge. You may go to the Court or call (928) 645-4280.
Is my license suspended?
You will need to contact the Department of Motor Vehicles to find out whether your license has been suspended. The Page office is located at U.S. 89, Milepost 551.2, Page, Arizona 86040 or call (602) 255-0072.
Am I entitled to restitution?
If you are a victim of a crime, you may be entitled to restitution if your loss is the direct result of the crime. You should receive either a Victim’s Impact Statement or property damage letter from the City Attorney’s Office. If you did not receive one of these and you believe you are a victim or are entitled to restitution, you may contact the Page City Attorney’s Office at (928) 645-4256, or Victim Witness Services for Coconino County 201 E Birch Ave #4, Flagstaff AZ 86001 Telephone: (928) 856-7676 Fax: (928) 214-8775.
What is a restitution hearing?
A restitution hearing is a court proceeding at which evidence of your loss is submitted to the court. Your claimed loss may be contested by the defendant at the restitution hearing.
If I have an attorney, may I speak with a prosecutor?
No, only your attorney may contact the prosecutor assigned to the case. The City Attorney’s Office cannot talk to represented defendants without their lawyer present.
What if I want a public defender?
You will need to apply for the services of a public defender at the Page Magistrate Court. In most cases, however, you will not be granted a court-appointed attorney unless the State is seeking jail time. But, you may always hire your own attorney.
What if I want a jury trial?
You must submit a written request for a jury trial to the Page Magistrate Court. However, not all charges are entitled to a trial by jury. The judge will inform you at the time of your arraignment which charges are jury trial eligible.
I have a problem with my landlord/tenant, adoption, child custody, City Codes, etc. Who do I call?
Some adoption and child custody questions can be answered at the Coconino County Superior Court. Some landlord/tenant questions can be answered at Justice Court. The Coconino County Law Library and Self Help Center may be accessed via the internet at www.co.coconino.az.us/lawlibrary . For City Code questions, call the City Clerk at (928) 645-4221.
Are police officers the only ones who can sign a criminal complaint?
No, as a citizen, you may file a citizen’s complaint. First you must file a police report, then come into the City Attorney’s Office with the police report number and fill out a form requesting the police report be reviewed for charging. If the prosecutor decides to issue a complaint, either you or the prosecutor will need to sign it. If the prosecutor does not issue a complaint, you will receive a letter indicating why one will not be issued.
How do I sign a criminal complaint?
Complaints must be sworn to and signed before a City Magistrate. If the prosecutor who prepared the complaint wants you to sign it, the prosecutor will contact you to make arrangements for signing it at Court.
What is the difference between a felony and a misdemeanor?
A misdemeanor is a less serious offense than a felony, and may carry a fine of up to $2,500.00 plus 80% in surcharges and up to six (6) months in jail. A felony can involve significantly higher fines, prison time and in some cases the death penalty.
What are the functions of the City’s prosecutor?
The City Attorney is responsible for prosecuting those individuals who have been charged with committing misdemeanor crimes within the city limits of Page.
What do I do if I have questions regarding the law?
The City Attorney’s Office cannot provide legal advice to the public. Information is available at Northern Arizona University’s Cline Library. Limited information is available at the public library, or at the Coconino County Law Library, which is located at 200 N. San Francisco in Flagstaff. The telephone number for the County Law Library is (928) 779-6656. The Coconino County Law Library and Self Help Center may also be accessed online at www.co.coconino.az.us/lawlibrary . General information and other helpful resources are also available online at www.azlawhelp.org .
Disclaimer: The information in this website is for general purposes only and should not be construed as specific legal advice by the City Attorney’s Office or its attorneys. If you have specific legal questions please consult with your own lawyer. Sending us an email will not make you a client of this office or establish an attorney-client relationship. Anything you send us will not be confidential or privileged.