FAQs

The law requires that police officers ask you questions, but you can decline to answer politely. If the police pull you over and request for your proof of insurance or driver’s license, you could refuse to provide those and invoke the Fifth Amendment rights or what is commonly known as “pleading the fifth.”

However, when signing the application papers for your driver’s license, you gave the law enforcement consent to ask you for the documents when requested. You also acknowledged that you would cooperate when the police need to see your driver’s license.

If an officer decides to use your words as evidence during the trial, they must read you the Miranda Rights. If even you have the right to decline to answer when the police stop you and ask questions, they could still cite you if there is probable cause to believe you committed an offense.

Under Arizona law, various criminal convictions can be sealed. The court decides whether to seal your criminals after reviewing certain factors. Not all criminal offenses can be sealed in Arizona. Arizona crimes that cannot be sealed include:

• Murder offenses like homicide, manslaughter, etc
• Child abuse
• Aggravated assault
• Sex crimes like sexual battery, raping a mentally disabled person
• Engaging in prostitution with a minor

The crimes stated above cannot be sealed regardless of the circumstances.

When facing criminal charges, a defense lawyer acts as your navigation and protector, especially if the crime is serious. Like how you would not walk in the forest without a tour guide, you would not walk in court proceedings without a defense attorney. Imagine the losses you would incur if convicted, for instance, tainted reputation, income loss, and loss of various privileges.

Arizona is among the states with the toughest criminal and DUI laws in the US. You don't want to risk it all by handling the case alone, so make an informed choice and talk to a criminal lawyer when you face arrest or learn about your charges. You want to hire a specialized DUI or criminal defense lawyer and not a jack-of-all-trades one to represent you.

DUI and criminal laws change radically after a short time of enactment. The lawyer you hire should have defended cases similar to yours before. A lawyer who has handled many cases knows the most current laws, is familiar with the jury, proceedings, and the strongest defense strategies. The attorney must be licensed to practice law in Arizona too.

Be cautious when hiring an attorney licensed in Arizona but resides in another state where they also practice. This is because an Arizona attorney has a closer relation with Arizona judges and prosecutors, adding to a higher reputation.

In Arizona, minors and adults are prosecuted differently. While adults are tried in adult courts, children are prosecuted in juvenile courts. Arizona juvenile courts do not punish or stigmatize children because they are not mature enough to make better decisions or tell apart right from wrong conduct. The goal of the courts is to rehabilitate minors to become better citizens in the future. However, your child could be charged in an adult court if they commit violent offenses at a certain age.

Many factors determine the cost of hiring your lawyer. These include the charges you face, your case’s circumstances, and the costs involved in handling your case. You want to talk to your attorney and know how they calculate attorney fees. If you hire us, you pay a single fixed fee for the whole case. It is rare for us to set separate fees for different stages of your criminal case.

At Phoenix Criminal Lawyer, we offer a non-obligation free consultation the first time you visit us so that we could assess your case and determine a reasonable cost. You are free to ask any questions you have when you meet our lawyers. We aim to see your rights protected. That is why we are open to any reasonable inquiries that could have.

It is not uncommon for people to face arrest for driving under the influence when visiting other states. Arizona DUI laws are harsh, and if charged and found guilty, the judge could impose severe punishment. Due to the strict Arizona laws, you want to hire a competent DUI attorney to offer you legal counsel and representation.

A more compelling reason why you should seek legal counsel is that you could face more than one charge if arrested at a DUI stop. The first charge is driving under the influence of alcohol if your BAC is above 0.08%. The other charges depend on how high your BAC is and the circumstances surrounding the arrest. For instance, the law details the legal BAC level for commercial drivers, under 21s, and other motorists differently. Also, if there are aggravating factors, you face more charges.

We could seek permission from the Department of Motor Vehicles on your behalf for you to appear telephonically. If convicted for the Arizona DUI, your driving privileges in your home state could be affected. Talk to a Phoenix Criminal Lawyer today for expert legal representation in Arizona.

If facing a Phoenix criminal charge, the law allows you to petition for a trial. Per the law, if charged with a felony offense, you have the right to a trial before a jury. Particular misdemeanors, including resisting arrest, theft, and DUI, come with a right to a trial by the jury. The rest of misdemeanor crimes carry the right to bench trials.

In bench trials, the judge has the jurisdiction to hear your case and make a ruling. Note that the prosecution bears the burden to prove your guilt beyond a reasonable doubt in all trials. The court does not require you to present any pieces of evidence. However, it is recommendable to talk to a criminal lawyer to determine if presenting your proof is beneficial.

As unexpected as it might be, many cases do not reach the trial phase. Rather, they could be solved through a plea deal or a court dismissal. Count on our legal team at Phoenix Criminal Lawyer to determine if you could go the plea deal or trial way. We analyze the prosecution’s evidence to make that call. When approaching every case, we imagine it could reach trial. As they always say, prevention is better than cure.

You could be deported from the US if you are not an American citizen and are convicted of particular offenses. You could face deportation even if you are working in Arizona, a lawful permanent Arizona resident, or in the state on a student or work visa. Per the US immigration law, if you are convicted of an aggravated felony, an offense of moral turpitude, or a violent one, you risk your removal from the US if you are a noncitizen. Also, your conviction in Arizona could impact your lawful permanent resident’s ability to become a US citizen.

Being detained temporarily after facing arrest and charges for a crime could happen because suspects are normally put in jail while law enforcement processes charges. However, the probability of being imprisoned is a different tale. It depends on the particular offense you are charged with. If charged with a misdemeanor, you could serve jail time not exceeding one year. If the charges involve a felony crime, you could be imprisoned for one or more years.

Many Phoenix felony offenses like subsequent felonies, certain sex crimes, particular weapon offenses, and DUI carry mandatory prison sentences if found guilty. If charged with an offense that carries mandatory prison sentences, the court has no choice but to imprison or jail you. That is why you should take all criminal accusations seriously and entrust your case to an experienced lawyer.

Our lawyers are devoted to working hard to protect your right and prevent convictions like imprisonment. Arizona offers several alternative systems to convicts without sentencing them to prison. For instance, if you are sentenced for a drug offense, we could convince the court to send you to monitored community service and rehabilitation instead of prison or jail time.

In Arizona, your driver’s license could be reinstated if it was suspended for select reasons. You could only be required to pay certain outstanding tickets and have the license reinstated. If your license was suspended because of a drunk driving crime, you must first complete a DUI program and pay a reinstatement fee.

If your license was suspended following multiple convictions, you could wait longer before you can have your driver’s license reinstated. With the help of a competent lawyer, you can petition for a hardship license of restricted driving. With a restricted driver’s license, you can only drive when going to work, medical check-ups, or picking your children from school.

In situations where you caused death due to drunk driving, the DMV and court could revoke your driver’s license without the possibility of limited driving privileges nor reinstatement. If you need to have your license reinstated today in Arizona, contact our defense lawyers.

The sole purpose of DUI tests is to prove that you were driving under the influence. Law enforcers cannot force you into doing the HGN (Horizontal Gaze Nystagmus) eye test or field sobriety tests, for example, finger-to-nose, walk and turn, and one-leg stand. The prosecutor could use your resistance to doing the test as evidence before the court.

The police can arrest you for DUI and take you to a facility for urine, blood, and breath testing if you don't consent to a BAC test at a DUI stop. The police will seek a warrant from the judge before taking blood samples without your consent. In Arizona, you give consent to DUI tests the instant you apply for a driving license. You risk license suspension for one year if you refuse a DUI test.

Note that law enforcement cannot give you a chance to choose the DUI test you prefer in Arizona. However, depending on your case’s circumstances, a DUI defense retest could be done at an independent testing facility.

Following your arrest, the police will read your Miranda rights. Per the rights, you should remain silent, and anything you speak could be used against you in court. The rights proceed further by notifying you that you have a right to a lawyer’s presentation. If you cannot afford their services, a lawyer will be provided before your interrogation. The last statement is to confirm if you understand the Miranda rights.

Anything you say after the Miranda rights have been read to you could incriminate you. You want to tell the police that you wish to exercise your rights and only speak after you talk to your lawyer in private. The only time when the police should read your Miranda rights is when they arrest and interrogate you.

If the police don't intend to ask you questions, they are not required to read your rights. However, there are situations where your confession to law enforcement could be considered inadmissible. For example, where a law enforcer Our lawyers could examine your case and determine if the police violated any of your rights.

Per Arizona law, you should appear in court within 24 hours after your arrest. During the 24 hours, you are required to talk to an Arizona criminal defense lawyer. If you hire us, we will deal with these aspects of your criminal case to ensure your constitutional rights are not violated. We also handle your arraignment in court, enter a “not guilty” plea, file notice of defenses, and represent you before the judicial magistrate.

The judge issues a warrant if suitable and determines a bond for a court appearance. If you cannot post bond, you are detained while waiting for a court appearance. If you can afford the bond, the court releases you, and you attend the court proceedings as scheduled. During the formal hearing, the judge notifies you of your constitutional rights and possible punishment. With the help of your lawyer, you could enter a plea at the arraignment.

You have certain constitutional rights under the Bill of rights. You want to understand and know these rights in case the police violate them. These rights are Miranda rights under the Fifth Amendment, Sixth Amendment that gives you the right to a speedy trial, and Eighth Amendment protects you against excessive bail amounts.

If the law enforcers violate your rights during arrest or interrogation, notify your attorney during the first consultation meeting. If the lawyer investigates and finds out that your constitutional rights were violated, they will argue in court that the prosecutor’s evidence was obtained unlawfully.

Your lawyer should protect your rights. They do this by arguing in our defense and petitioning for the judge to dismiss the evidence recovered illegally during the trial. Fortunately for you, a successful petition to have particular evidence removed weakens the prosecutor’s case to some extent. The judge could dismiss the case or reduce your charges against you.

Bail refers to the amount of property deposited in court during your arraignment to make sure you return to court when summoned. If you appear in court as needed, the bail amount is returned even if you are sentenced. However, if you do not make court appearances as scheduled or violate your bail conditions, the court forfeits the bail.

Bail amounts vary depending on the defendant’s age, criminal history, or prior records of not appearing in court. If you choose to post property as bail, it must have a value that meets or exceeds the bail amount the judge sets in your case. Note that the property value is determined after deducting all mortgages and liens.

Case dismissal refers to an instance where the court drops your charges. The dismissal occurs after the prosecution has reviewed your case and ascertained that the evidence presented against you is insufficient. The judge can also dismiss your case if the evidence against you is not reasonable.

Then again, an expungement occurs when your conviction is deleted. The court orders that all documents, records, and details related to your criminal case be destroyed. Obtaining an expungement in Arizona is not easy. You want to work with us for better chances of having your case expunged.

In Arizona, felonies carry more serious penalties than misdemeanors. Arizona felony crimes carry various penalties like probation and prison terms. Many felons are sentenced to mandatory prison sentences. Note that a felony crime conviction could cause the loss of particular civil rights. For example, convicted felons lose their rights to hold public office, vote, possess guns, or work as judges.

Even if misdemeanors are not as serious as felonies, they carry serious sentences. According to Arizona law, the maximum possible penalty for a class 1 misdemeanor charge is a six-month jail term or a $2,500 fine. Particular misdemeanor crimes carry mandatory jail sentences, for example, DUI offenses. The good news is, we handle all kinds of misdemeanor and felony cases.

In Arizona, probation is a sentence type that allows you, the defendant, to be free instead of serving a jail sentence as long as you comply with the stipulated conditions. These conditions include sustaining a job, avoiding certain people, avoiding drug abuse, and not violating the laws.

Parole refers to the supervised release of a convict from prison before they can complete their sentences or after serving the prison sentence for a particular period. Probation and parole usually have similar conditions.

Federal agencies like the Treasury, Customs, DEA, and FBI are tasked with investigating federal court cases. Local and state agencies could file charges against you in a federal court. This happens if your crime involves a significant quantity of illegal drugs, contraband, weapons, or gang activity in several states.

The offenses mentioned above are forward to the federal government as it has sufficient resources to prosecute criminal cases. The resources are special units to prosecute fraud, violent crimes, and narcotics. Even though the local or state government has special units, they have fewer prosecutors, and they have a huge backlog of cases.

Another thing is that the state police have more sufficient tools than the federal police to investigate serious and complicated crimes. If you are charged with a serious crime, it is recommendable to seek help from a defense attorney with federal case experience.

The majority confuses the grand jury and trial jury. Both juries comprise an average number of people summoned in court for jury duty, but their work is different. A grand jury’s work is to determine whether charges should be preferred against you, while that of a trial jury is rendering a ruling during the trial.

Simply put, the grand jury decides where there is enough proof to indict you and proceed with the criminal proceedings against you. The grand jury also reviews the proof and requests testimony to decide if they can indict you. Unlike the trial or standard jury, the grand jury cannot decide if you are guilty or innocent. Like other states, Arizona uses the grand jury when a defendant’s indictment is needed.

Also known as the District Attorney, the prosecutor refers to the attorney who represents the local, state, and federal government in a case against a suspect. The prosecutor could have other names apart from the district attorney, including county attorney, solicitor, state’s attorney, and the United States attorney. The prosecution’s primary role is presenting evidence in court to prove your guilt and ensure the trial is fair.

Many attorneys consider themselves criminal defense attorneys. The yellow pages are filled with adverts for these criminal attorneys. If you face an arrest or a criminal charge, do not place your trust in an attorney just because their advertisement was attractive or their slogan was catchy. The last thing you want to do when facing arrest is settling for a criminal defense lawyer who has placed the most attractive advert online.

You want to ask the lawyer certain questions before hiring them or, if possible, conduct a background check to know if they are certified in particular practice areas, especially criminal defense. There are bodies tasked with certifying lawyers based on training, experience, and awards. As a rule of thumb, certified attorneys have a proven track record, are professional, and uphold a high degree of competence and integrity in their field of specialization.

The primary purpose of asking questions is that many non-certified lawyers are competent too. It is not easy to tell which non-certified lawyer is reputable before asking them questions. Even if the state bar has scraped guesswork out of the equation, you could ask your lawyer questions like:

• Whether they are certified as a criminal law specialist by the relevant bodies and authority.
• The percentage of their specialty allotted to criminal defense.
• The number of years they have been practicing criminal law in Arizona.
• The type and nu8mber of felony and misdemeanor cases they have successfully litigated.
• If the criminal attorney will focus on your case from beginning to the end.
• If they are accessible 24/7 when you need them the most, and during holidays.
• If they could meet you on weekends and in the evenings if need be.

Whether it is your first arrest or you have prior run-ins with the police, the moment following your arrest is confusing. Whenever the police arrest or detain you, consider invoking your constitutional rights to remain silent until you can talk to your defense lawyer. Law enforcers could use trickery to make you confess to the crime, even though you never engaged in it.

You want to avoid speaking to the police to avoid incriminating yourself. The police could also twist what you say and use it against you. They could appear like they are siding with you, but odds are they will take you to custody. Avoid offering the law enforcement ammunition by trying to plead with them.

Note that facing arrest is not being charged. Therefore, the chances are that you could be released from custody without any charges preferred against you. You don't want to resist arrest as you risk violating the law and could face more charges. Cooperate with the law enforcers to the best of your ability. Trying to argue with law enforcers could not help much, even if you are innocent of the allegations against you. In the event you face arrest, ask the police to allow you to call your lawyer.

At Phoenix Criminal Lawyer, our defense attorneys have many years of experience representing defendants facing serious criminal charges at federal and state levels. We have fought for the rights of suspects facing charges for many years. Crimes we handle are but not limited to:

• Theft and white-collar crimes
• Misdemeanor offenses
• Felony offenses
• Assault and battery
• Restraining orders
• Driving under the influence
• Probation violation
• Restraining orders

The only time the police should read you your Miranda rights is after your arrest and interrogation. On the other hand, the law enforcers are not required to read you the rights if they are not planning to ask you questions. However, in some instances, the court could rule the statements or confessions to the police inadmissible.