Facing criminal charges in Arizona can put your freedom, reputation, and future at risk. Our experienced Arizona Criminal Defense Lawyer team provides strategic legal representation for DUI, felony, and misdemeanor cases. As trusted Personal Injury and Criminal Defense Lawyers, we bring decades of courtroom experience and aggressive advocacy to protect your rights and pursue the best possible outcome for your case.
If you would like to discuss options on your case and how we can provide legal help, contact The Law Offices of John Phebus Criminal and Personal Injury Lawyer today
Choosing the right defense attorney can have a major impact on your case. Our Arizona Criminal Defense Lawyer team provides experienced, strategic, and personalized legal representation for clients facing criminal charges.
As trusted Personal Injury and Criminal Defense Lawyers, we are committed to standing by our clients every step of the way. Contact us today for a free consultation and start building your defense.
If the police ask to search your home or car in the State of Arizona, it’s very likely because they don’t have a warrant to do so and because there are no mitigating circumstances that afford them the right to search your property without your permission. You have an important Fourth Amendment right against unlawful search and seizure that allows you not to accept the police’s invitation to search your property, and it is well worth protecting.
If the police ask for your permission to search your car, home, or office, it’s your cue to inquire whether or not they have a warrant to do so and – if they don’t – to politely decline their request. This is also an excellent time to invoke your Fifth Amendment rights, or Miranda rights, which refer to the classics – your right to remain silent as well as your right to an attorney if you’ve been detained or are under arrest.
The most important point that can be made about these primary rights is that – if you don’t invoke them – they won’t be enforced.
If you answer a police officer’s questions or speak with the police in relation to a crime, everything that you say can and very likely will be used against you as the charge proceeds. The only rule when it comes to implementing your right to remain silent in the face of a criminal charge is that you need to stop talking. The authorities are skilled investigators, and they’re very good at coaxing statements out of detainees like you that do not serve their best legal interests.
If you don’t ask for an attorney, the police aren’t required to provide you with one. The sooner you ask for an attorney, the sooner you can shut a police interview down and focus on guarding your legal rights.
If you are arrested for a crime in Arizona, the first step in the criminal justice process – after the booking – is your initial appearance in court. At this point, the judge will inform you of the charge or charges levied against you and will set the conditions of your release. This generally includes setting a bail amount, which is the amount of money you’re required to post in order to be released from custody. Getting out on bail will allow you the opportunity to participate in your own defense, which can improve your chances of effecting a positive case resolution that protects your rights.
The court’s options when it comes to setting bail in Arizona include the following:
As pumped as you may be to represent yourself in the face of a criminal charge, this approach is never advised. The fact is that your rights, your social standing, and your freedom hang in the balance, and no matter how many true crime podcasts you’ve listened to or how many police procedurals you’ve watched, representing yourself in the face of a criminal charge is never wise. Doing so risks a much harsher outcome than you might otherwise achieve with the right defense help.
Your criminal defense attorney brings their experience, legal insight, resources, and close working knowledge of Arizona’s unique criminal justice system to the table, and the benefits that you experience as a result can be difficult to overstate. All told, working closely with a trusted Arizona criminal defense attorney from the start can make a significant difference in the outcome of your case.
As mentioned, your Miranda rights refer to both of the following universal rights:
These are critical rights that apply at both the federal and state levels. If the officer who arrests you or who detains you for questioning informs you of your Miranda rights upfront, any statements you’re enticed to make or that you make voluntarily can be used against you – and very likely will be – if a criminal charge is forthcoming.
On the flip side, however, if the police officer fails to read you your Miranda rights, it voids the prosecution’s right to use anything you happen to say against you in court. In other words, Miranda warnings help balance our rights as individuals with the rights of the people – or of the state.
It can’t be emphasized enough that if you are detained or arrested by the police, it’s time to let them know that you want an attorney and that you won’t be answering any of their questions. After informing them of your decisions on these matters, however, it’s important to stop talking. If you say that you won’t be answering any questions but you keep talking, anything that you go on to say can be used against you.
“At The Law Office of John Phebus, our personal injury and criminal defense attorneys have been representing clients in Glendale, Arizona for over 30 years. We focus on helping those who have suffered a catastrophic injury or are facing serious criminal charges.”
John Allen Phebus
John Allen Phebus
FOUNDING ATTORNEY
Everyone who is charged with a crime in Arizona – and in every other state in the nation – has the right to legal counsel. If you can’t afford an attorney, a public defender who is employed by the state will be assigned to you. While public defenders are licensed attorneys who are often very skilled, they typically face crushing caseloads and don’t have the time, resources, or capacity to provide every client with the legal attention they are due.
While public defenders provide an important legal service to defendants who cannot afford to hire a private defense lawyer, they should not be the standard legal assistance in every case due to the office’s often stretched resources.
When you work with a private criminal defense attorney, on the other hand, it affords you the peace of mind that comes from knowing your focused legal representative has the time, investigative resources, and experience to defend you as effectively and efficiently as possible – in the context of your unique case.
Your criminal defense attorney will leave no stone unturned in their pursuit of your case’s best possible resolution, which adds up to an excellent return on your investment.
While every criminal case in Arizona involves its own circumstances, there are several basic steps that you can expect to encounter after you’ve been booked, including:
While you can – as mentioned – accept a plea deal at any point in the legal process, it’s important to keep in mind that, no matter how favorable the deal may seem, it requires you to plead guilty to the charge and results in a criminal conviction. Your compassionate criminal defense attorney will help you make the right choices for you as you move through Arizona’s criminal justice system.
If you’ve been charged with a crime in Arizona, your defense will be specific to the unique circumstances involved. This said, however, most defense strategies might involve the following:
Your capable criminal defense attorney will help you strategize your strongest defense.
Arizona takes a strict stance in relation to illegal drug possession, and this is reflected in the fines and penalties you’ll face if you’re charged with possession. Being in possession of illegal prescription medications or of drugs with no currently accepted medical use and a high potential for abuse, such as heroin or LSD, comes with serious legal charges.
Charges related to being in possession of prescription medications that weren’t prescribed to you can also carry significant fines and penalties. Finally, while it’s now legal to possess a very small amount of recreational marijuana in Arizona, the law still imposes harsh penalties for possession of any amount of the drug that exceeds the legal limitations.
Criminal charges can have lasting consequences on your freedom, career, and future. Taking action early can make a significant difference in the outcome of your case. Whether you are facing DUI charges, felony accusations, or misdemeanor offenses, having experienced legal representation on your side is critical. Our Arizona Criminal Defense Lawyer team is prepared to protect your rights, build a strong defense strategy, and fight for the best possible result. Contact us today for a free consultation and learn how we can help defend your future.
When you schedule your free consultation with a personal injury and accident lawyers in Arizona, you should come prepared with specific questions for us to address. Some of the common questions clients ask us are:
Plea bargains refer to deals that are struck with the prosecution in relation to criminal charges, and they generally refer to reduced charges and penalties in exchange for a guilty plea. Plea bargains help to reduce the number of cases that Arizona’s courts are required to try and can benefit those facing criminal charges.
It’s important to note, however, that – when you accept a plea deal – you’re also pleading guilty to the charge at hand, although it may be less harsh than the original charge you faced. This means that the charge you plead guilty to – unless it’s one of the few that are expungeable in Arizona – will remain on your record and can negatively affect your future. While plea bargains can be an excellent option for those facing criminal charges, accepting a plea deal before you’ve consulted with a knowledgeable criminal defense attorney isn’t a good idea.
If you’re facing a criminal charge of any kind in the State of Arizona, the most important step you can take is consulting with an accomplished criminal defense attorney as soon as you’re able to do so. If the police detained you or arrested you without reading you your Miranda rights, which include your right to remain silent and your right to legal counsel, any evidence they gathered in relation to statements you made at that time and the statements themselves can’t be used against you.
When you have a dedicated criminal defense attorney on your side from the outset, you can rest assured that your rights will be protected and that any evidence that’s collected outside these important parameters won’t harm your defense.
The statute of limitations for any specific crime refers to the amount of time the state has to levy charges against the accused, and the time frame varies in accordance with the crime. For example, if you’re suspected of committing a misdemeanor in the State of Arizona, the prosecution has only one year to charge you with the crime before the opportunity to do so is lost. Common examples of misdemeanor charges include:
While misdemeanor charges are less serious than felony charges, they can still carry jail time, and the social consequences can derail the plans you’ve made for your future.
If the charge against you is a felony, the statute of limitations is seven years, which means that if seven years have passed since the alleged crime in question, the prosecution’s right to press charges against you is lost. It should be noted, however, that – in Arizona – there is no statute of limitations for very serious felonies, including homicide and violent sexual offenses. This means that the state can file such charges against a defendant at any point – if it has the evidence deemed necessary to prove the accused person’s guilt beyond a reasonable doubt.
Finally, petty offenses, such as the following come with a time limit of just six months. These charges carry fines but no jail time, and common examples include all the following:
The bottom line, however, is that any criminal charge amounts to a stain on your record, and having a determined criminal defense attorney in your corner from the very beginning is always advised.
Yes, the fact is that most criminal charges in the State of Arizona and across the nation are settled out of court. This generally means that the defendant takes a plea deal involving a lesser charge that carries less serious fines and penalties in exchange for pleading guilty. While a reduction in your sentence can amount to an optimal outcome, this isn’t always the case, and having a skilled criminal defense attorney backing you up throughout the legal process is always the best practice.
When you accept a plea deal, you admit guilt to the reduced charge. While this comes with the benefit of less serious legal consequences, it still mars your record and can affect your future. The social consequences of a criminal record shouldn’t be discounted. The good news is that, when you have the professional legal guidance of a well-informed criminal defense attorney behind you, you can rest easy in the knowledge that your rights are well protected – including in relation to any plea deal you make.
If you’re charged with a crime in Arizona, you have the right to a speedy trial, but this isn’t likely to mean what you may think. To bring a successful case against you, the state needs time, and in order to adequately defend yourself from the charge, you and your diligent criminal defense attorney also require time. This is not to mention the fact the court’s docket is guaranteed to be exceptionally busy. In other words, if your case goes to trial, you should expect it to take some time.
This said, there are some legal limits that apply, including:
If you’re facing a criminal charge, your future is on the line. The compassionate Arizona criminal defense attorneys at The Law Offices of John Phebus appreciate how serious your situation is and have the experience, drive, and legal insight to help. Learn more by contacting our criminal defense team or calling us at 623-847-7117 today. You have too much at stake to wait.
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I reached out to the law office of John Phebus about this DUI case, and spoke to a legal intake named Luigi, he made it quick and easy for me.
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John Phebus is a seasoned attorney specializing in personal injury and criminal defense law. With a focus on DUI defense, vehicular crimes, and serious injury cases, John has been fiercely advocating for his clients, ensuring they receive the representation and compensation they deserve. His expertise and dedication have led to numerous successful outcomes. If you’re seeking a knowledgeable and passionate attorney who will fight for your rights, John Phebus is here to help.
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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Attorney John Phebus, who has more than 20 years of legal experience as a personal injury attorney.
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