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Arizona Criminal Defense Lawyer

What should I do if the police ask to search my home or car in Arizona?

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.

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Searching Your Property

If you allow the police to search your car or home, they have the right to seize anything that they can possibly use against you in relation to the charge at hand, and they will undoubtedly do so.

Asking You Questions

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.

Providing You with an Attorney

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.

In other words, when it comes to dealing with the police, it’s always to your advantage to be proactive, which translates to invoking your constitutional rights to remain silent and to have an attorney represent you.

What are the consequences of a criminal conviction in Arizona?

The State of Arizona takes criminal charges very seriously, and you should follow their lead. If you’ve been charged with a crime, you face harsh legal consequences that can include a jail or prison sentence, steep fines, and a criminal record. This, however, isn’t the end of things. Because criminal charges are a matter of public record, there are also important social consequences to consider, including all the following:

  • Your overall standing in the community can be tarnished.
  • You may have difficulty obtaining a home loan or renting a house or apartment.
  • Your ability to obtain a federal student loan, to live on campus, or to be accepted in the college of your choice could be jeopardized.
  • Your current job could be affected, and you could have difficulty finding a new job.
  • Your professional license could be denied or otherwise negatively affected.
  • You could lose the right to possess a gun.
  • Your right to vote could be suspended.

The consequences of a criminal conviction are so difficult to overcome that bringing your strongest defense right out of the gate is always in your best interest, and a seasoned criminal defense attorney can help you with that.

How do Arizona criminal defense lawyers handle DUI cases?

DUI charges relate to driving under the influence of alcohol, and Arizona takes such charges very seriously. Even a first offense carries mandatory jail time of from 1 to 10 days – along with fines of up to $1,250 and all the following potential requirements:

  • Alcohol screening
  • Alcohol education
  • Alcohol treatment
  • Installation of an ignition interlock device
  • A community service requirement

Your trusted DUI attorney will ably handle each of the following in pursuit of a favorable outcome:

  • Your DUI attorney will carefully consider the strength of the prosecution’s case against you, will identify any legal issues or weaknesses in their case, and will fiercely advocate for a dismissal whenever there’s even a remote possibility.
  • Your DUI attorney will help you build a solid defense and will skillfully negotiate with the prosecution for an advantageous resolution that supports your rights and future – when doing so is considered beneficial to you.
  • Your DUI attorney will be well prepared to take your case to court – if doing so is determined to be the best path forward for you – and will spare no effort in their advocacy of your rights and in their quest for a not guilty verdict.

Arizona has some of the harshest DUI laws in the nation, and if you’re facing a DUI charge, you shouldn’t wait to consult with a formidable criminal defense attorney. They can determine the best strategy to protect your future.

What is the process for posting bail in Arizona?

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:

  • You could be released on your own recognizance, which means you won’t need to post any financial security but will need to abide by the conditions that the court sets and will need to sign a pledge that you’ll appear in court as required by law.
  • You could be required to pay cash bail. This refers to currency that is held by the court, and it may come from a bail bond company that accepts collateral from you or from someone who is supporting you as a means of securing their bond. Cash-only bail, on the other hand, requires that the entire amount be paid in cash – rather than with a bail bond. While you can still work with a bail bond company, the terms will be different.
  • There is also the potential of being released to a third party’s care. This person – who is usually a family member or close friend – accepts the responsibility of ensuring that you remain compliant with the conditions of your release set by the court and that you show up for court as required.

Can I represent myself in a criminal case in Arizona?

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.

How are Miranda rights applied in Arizona criminal cases?

As mentioned, your Miranda rights refer to both of the following universal rights:

  • Your right to remain silent
  • Your right to have an attorney represent you

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.

What is the role of a public defender versus a private attorney in Arizona?

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.

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If you would like to discuss options on your case and how we can provide legal help, contact The Law Offices of John Phebus Glendale Criminal and Personal Injury Lawyer today and connect with one of our highly experienced Glendale criminal defense attorneys.

What happens after an arrest in Arizona’s criminal justice system?

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:

  • You will have an initial appearance – where you’ll be informed of the charge against you – and from here, you will either be released on your own recognizance or will be required to post bail, as discussed above. Under some circumstances, you may be held for further legal proceedings.
  • Your next court appearance will either be a preliminary hearing or an arraignment, and at this juncture, the charges against you will be formalized. At this point, you’ll be required to either plead guilty – if you’ve struck an advantageous plea deal – or to plead not guilty and continue proceeding to court.
  • Your case will make its way toward trial, but you retain the right to make a plea deal at any point prior to a verdict being handed down.

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.

What defenses can be used for violent crime charges in Arizona?

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:

  • The authorities violated your constitutional rights, such as if you weren’t Mirandized or if evidence against you was collected in a manner that wasn’t in line with your Fourth Amendment rights against unlawful search and seizure.
  • You have an alibi, which either means that you couldn’t have committed the crime or that it is very unlikely you committed the crime.
  • You were acting in self-defense or in defense of another person’s safety.
  • You simply didn’t commit the crime, and your guilt can’t be proven beyond a reasonable doubt. Reasonable doubt in this context roughly translates to there being no other reasonable explanation.
  •  You committed the act you’re accused of, but you did so under duress, which – very generally – means that other reasonable people would have responded in the same way you did under similar circumstances.

Your capable criminal defense attorney will help you strategize your strongest defense.

How does Arizona handle drug possession charges?

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.

John Allen Phebus – Experienced Personal Injury & Criminal Defense Attorney

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.

Years of experience: +30 years

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It was absolutely an immense pleasure working with The Law Offices of John Phebus. My attorney,John Phebus , gave the case for my family member all the time and attention that was needed to be successful with their appeal. He is an amazing person and excellent attorney. He has a calming and confident presence with his practice. I never once was treated as anything other than a valuable client by Mr.Phebus. I very much appreciate the knowledge and support I received through his Law firm. John’s team is highly experienced and helpful. Most importantly they treated our case with much care. Extremely impressed by their dedication and professionalism.

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Frequently Asked Questions

The answers to some of the questions that are asked most frequently about criminal charges in Arizona may help you with your own case. 

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:

  • Disorderly conduct, which is also known as disturbing the peace
  • Criminal trespassing, which refers to being on private property without the owner’s permission
  • Criminal nuisance, which relates to creating or maintaining a condition that jeopardizes the health or safety of others
  • Driving under the influence of alcohol or drugs
  • Theft of items that don’t exceed the value associated with misdemeanor charges that are set by the law

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:

  • Shoplifting of goods with limited value
  • Minor speeding offenses
  • Ticket scalping
  • Aggressive panhandling
  • Littering
  • Loitering
  • Driving on a suspended license
  • Possession of tobacco by a minor

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 are in custody, the state has only 10 days to conduct a probable cause hearing that supports moving forward, and if you aren’t in custody, they have only 20 days to do so. Probable cause hearings generally mean that the matter goes before a grand jury. If additional time is needed, your attorney can file a continuance.
  • Your criminal case must go to trial within 180 days of your arraignment, but if the charge against you is deemed complex, this time limit is extended to 270 days. Either side, however, can file motions that extend the applicable time limit.
  • In the interim between arraignment and trial, you will likely have three or four hearings that are more like conferences. These are designed to ensure that both sides are doing what it takes to effectively prepare for trial, including sharing evidence as required by law and engaging in negotiations – in an attempt to settle the matter before the trial date arrives.

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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