Arizona Criminal Defense Legal Questions

The rules surrounding the requirements to Mirandize a suspect are often misinterpreted due to the way that they have traditionally been portrayed in the media. While this can in fact sometimes represent a legal loophole it is not always the case. We would need more information about the specific details leading up to your arrest and/or interrogation in order to make a valid assessment. Unfortunately, while the conduct of police officers is regulated to a certain extent, there are no legal requirements of courtesy. If you are seeking legal representation in this matter in Louisiana, we invite you to contact our firm at the information on this page for a free case evaluation.... Read Answer

If you are charged with possession in Arizona as a minor, you may be eligible to complete a drug diversion program in which you would receive drug counseling and be drug tested. If you successfully complete the program, the charges are not filed. However, if you are close to your 18th birthday, your case may be held and you may be prosecuted as an adult. There are many benefits to keeping your case in the juvenile system versus the adult system. You'll need the assistance of an experienced criminal defense attorney to understand and decide how to proceed.... Read Answer

Shoplifting in Arizona is typically charged as a class one misdemeanor. As with other crimes in Arizona, there is no mandatory reporting to spouse or parents. However, a simple public records search would reveal the charge in most jurisdictions. There are many possible ramifications of being charged or convicted of a crime in Arizona - both inside and outside of the criminal justice system. Criminal convictions can affect your ability to teach in a school, obtain a loan, rent an apartment, or get the job you want to name a few.... Read Answer

In Arizona orders of protection are fairly easy to obtain. Courts seem to error on the side of protecting the person who feels harassed. In order to obtain a valid order of protection against a person who resides in another state, go to your local court and fill out the paperwork for the injunction. You will then need to have the injunction served on the person who resides out of state. He or she could then challenge the injunction and request a hearing. If the injunction is upheld, and the person violates the order, he or she could be brought into court to answer on misdemeanor charges of violating the order of protection.... Read Answer

If you are arrested for any crime as a juvenile, someone under 18 years of age, you need to speak to an attorney who understands the system immediately. This is especially true if you are 16 or 17 years old because law enforcement can and WILL hold the charges until your 18th birthday and charge you as an adult unless you get an attorney involved. Being charged in juvenile court is 100% different and better than being charged in adult court. If the officer has indicated that he will hold the charges until you are 18, then it is so very important to get an attorney involved so that the case can be processed in the juvenile court instead of the adult court. In the juvenile court, you won't have an adult criminal record, your ability to destroy and expunge your juvenile record is better, and often your punishment is less severe. In adult court you will have a permanent criminal history that can and will affect the rest of your life, you will have a more difficult time cleaning up your record, and the punishment is often much more severe. Please do not sit back and wait for things to happen to you. You must take charge of your life and hire someone to process the case in the juvenile court if you want to best protect your future.... Read Answer

Crimes against children or anyone under 18 by an adult can be very serious offenses in the state of Arizona. If an adult assaults a minor, it can lead to jail and even prison time for the offense. If you are a victim of a crime in Arizona you have rights under the Arizona Constitution. You have a right to receive restitution for any damage you suffered arising out of the criminal act. You may also have a viable civil claim to pursue as well. You may wish to consult with an attorney about your options.... Read Answer

In Arizona threatening and intimidating is a class 1 misdemeanor and subject to a maximum of 6 months in jail and a $2500 fine. Although, in order to be held to answer for the charge of threatening and intimidating there must be evidence that the person threatened physical injury or property damage. The person's actions and words may be used to establish a threat of physical violence.... Read Answer

Some would answer, "Shoot first, ask questions later." Not so fast, Tex, or you may be spending time in Sheriff Arpaios big house. There is an Arizona statute that lays out when you are justified in threatening or using physical and even deadly force. The use of force must be reasonable under the circumstances. Force must also be used to prevent of one of the listed crimes in that statute which include murder, burglary, armed robbery and some others. If your actions are unreasonable or if you are acting to prevent a crime not listed in that statute, you may be charged with aggravated assault or worse, for using physical and/or deadly force. If you would like to know more, please give me a call.... Read Answer

The Sixth Amendment to the U.S. Constitution provides that "In all criminal prosecutions, the accused shall enjoy the right...to have the Assistance of Counsel for his defense." The Sixth Amendment is applicable to the states through the 14th Amendment, and states have their own constitutional provisions guaranteeing the right to counsel in criminal prosecutions. If a person is indigent and cannot afford counsel, one will be appointed at either no expense or for a nominal fee. However, the right to counsel may not apply, to either those with money or the indigent, if the offense is a minor one that does not carry the possibility of jail time. In 1979, the U.S. Supreme Court held that the constitutional right to counsel applies only if actual imprisonment is a penalty. Arizona, where you are from, is one of the states that limit appointment of counsel to crimes which carry a possible penalty of imprisonment, unless the court finds that the interests of justice in a particular case requires counsel to be appointed. The Arizona state construction provides "In criminal prosecutions, the accused shall have the right to appear and defend in person, and by counsel..." But the Arizona rules of Criminal Procedure state that a defendant is entitled to be represented by counsel in any criminal proceeding, unless the charged offense is a petty offense such as a traffic violation where there is no prospect of imprisonment or confinement if the person is found guilty. Similarly, Arizona's procedural rules provide that an indigent defendant is entitled to appointed counsel in any criminal proceeding where the punishment could result in a loss of liberty and in any other criminal proceeding if the court concludes that the interests of justice require the appointment of counsel. So, if the offense with which you are charged does not provide for a loss of liberty upon conviction, you are not likely to have counsel appointed for you, even if you are indigent.... Read Answer

At the first appearance in federal court, the Magistrate Judge will ask the defendant if he intends to retain private counsel or would like to apply for the public defender (or court-appointed counsel.) If he states he wants appointed counsel, he will be given an indigency form to fill out. Either the public defender, or if the public defenders' office has a conflict of interest due to representation of another defendant or a witness in the case, the court will ask the clerk's office to appoint counsel from an approved list. The court will set another hearing within a few days and by that time, counsel will have been appointed. If a lawyer has not yet spoken with your son's friend, it may be because the lawyer hasn't had the time. To make sure counsel has been appointed, I would contact the clerk of the U.S. District Court in which he is charged. He or she will be able to tell you the name and phone number of the appointed counsel.... Read Answer

No, a SCRAM monitor does not track your whereabouts. The monitor hat allows authorities to pinpoint your movements is a Global positioning system transmitter. SCRAM monitors are ankle bracelets that measure a person's blood alcohol level through the perspiration in their skin. SCRAM stands for "Secure Continuous Remote Alcohol Monitor.” When you wear the monitor, any time you ingest alcohol it will register on the monitor. Readings are taken every half hour and recorded. During the period you are required to wear the monitor, you will have to have a modem attached to your home phone. At specified times, you will be required to allow the monitor to transmit the alcohol readings through the modem to the agency responsible for your supervision. SCRAM monitors may be ordered by the Court as a condition of bond for those charged with repeat driving under the influence offenses or as an alternative to a jail sentence or condition of probation. Sometimes it is ordered as a follow-up to a treatment program.... Read Answer

No, assuming of course your son is not inside your home at the time they arrive with a warrant to arrest him. You are under no obligation to provide police with information that will assist them in conducting a criminal investigation or solving a crime. The only thing you are required to provide police if they ask you for it is basic identification--such as your driver's license. You do not have to answer police questions unless you want to. If you aren't sure whether you want to assist the police or not, tell them you would like to consult a lawyer first and that either you or the lawyer will get back to them if you decide to answer their questions. On the other hand, if you know there is a warrant out for your son's arrest, and he is actually in your house when the police come looking for him, and you refuse to tell them or deny he is inside your home, you might be charged with harboring a fugitive or a related offense. ... Read Answer