Can You Demand a 12-Person Jury in Arizona Felony Cases?
If you are facing felony charges in Arizona, you may assume you are entitled to a 12-person jury under the Sixth Amendment. In some cases, however, state law provides for a smaller jury. Whether that decision is up to you depends on the type of offense and the potential sentence. A recent appeals court ruling confirms that Arizona courts are not required to grant a request for a 12-person jury if the law does not mandate it. This ruling can directly impact how your case is tried and how you plan your defense.
In State v. Armendaris, the accused faced charges related to online communications with someone he believed to be a minor. The person he was messaging turned out to be an adult undercover officer using a false identity on a public website. Because the charges did not carry a possible sentence of 30 years or more, the trial court seated an 8-person jury as provided under Article II, Section 23 of the Arizona Constitution. The accused requested a 12-person jury under the Sixth Amendment of the U.S. Constitution. The request was denied, and the Arizona Court of Appeals upheld the trial court’s decision.
Arizona Law Sets Jury Size Based on Potential Sentencing
Under Arizona law, a 12-person jury is required only when the accused faces a sentence of at least 30 years. For all other felony cases, the court may empanel 8 jurors unless otherwise mandated by statute. In this case, the charges did not meet the sentencing threshold for a larger jury. The appeals court held that Arizona’s system does not conflict with the Sixth Amendment, which guarantees an impartial jury but does not define its exact size.
This ruling clarifies that asking for a larger jury, even in serious felony cases, may not succeed unless the sentencing range qualifies. Knowing how many jurors will decide your case is important, especially when weighing trial strategy and deciding whether to accept a plea deal.
Claim of Police Misconduct Rejected by Trial and Appeals Courts
The person on trial also argued that he should have been allowed to question the undercover officer about whether her actions constituted computer tampering. He claimed that her creation of a false profile and impersonation of a minor violated Arizona criminal statutes. The trial court allowed general testimony about the officer’s use of the website but prevented questions about the specific charge of computer tampering.
The Arizona Court of Appeals upheld that decision. The court reasoned that the evidence was already before the jury and that any additional testimony would have had limited value. It also noted that introducing the officer’s conduct as a possible crime would likely have caused unnecessary confusion and delay. The court found no error in excluding the additional line of questioning.
Why This Case Matters for Your Criminal Defense
This decision serves as a reminder that courts maintain broad discretion over what evidence and arguments may be presented at trial. If you plan to challenge police conduct or expose flaws in the investigation, you need to make sure the evidence is relevant and presented in a way that supports your defense. Courts may reject your argument if it distracts from the issues at the heart of the case.
The same applies to procedural requests, such as demanding a 12-person jury. If Arizona law does not entitle you to a larger jury, judges are unlikely to grant the request, no matter how serious the charge feels. That makes early preparation with your attorney even more important, especially in sex-related internet cases where undercover stings and website terms of service often play a central role.
Call an Arizona Criminal Defense Attorney Who Understands the System
If you are facing serious criminal charges in Arizona and want to challenge how your case is being handled, James E. Novak is here to help. With a deep understanding of Arizona law and courtroom strategy, Mr. Novak works to protect your rights at every stage of the process, from jury selection to trial. Call James E. Novak today at (480) 413-1499 for a free consultation. Make sure your voice is heard and your defense is built on solid legal ground.
