A parent with a child support order must pay the amount decreed. If they cannot, for example, if they are in jail, the obligation to pay child support does not automatically stop.
There’s an action required from them to get the court to cease or change the order.
How to Stop a Child Support Order During Incarceration
A person obligated to pay child support but is about to be incarcerated needs to inform the family court of the situation and ask for their obligation to be changed.
They can do this by requesting a review and adjustment of their order. The court will then determine if they are eligible for a child support modification.
If eligible, the family court will stop the child support order during the period of incarceration when the parent is unable to pay.
What Happens if a Modification is Not Filed in Court?
A request to modify a child support order needs to be filed with the family court before incarceration.
If this is not done, the obligation to pay child support will continue to exist and add up. Not to mention that the unpaid amount will accumulate interest for the whole period of non-payment.
There is no relief available to retroactively modify a child support order after non-payment. This means that if a request for modification is not filed with the family court before incarceration, they will not be able to ask the court to cancel out the obligation during the time of the sentence.
If possible, it’s recommended that a parent who’s about to be incarcerated works with an attorney who can help them fill in the paperwork and navigate the court process. This will ensure that they get their order stopped during the time they have no ability to pay child support.
Arizona laws are stricter than most states when it comes to the civil rights of a felony offender. When someone is convicted of a felony, they lose their civil rights, which include the right to vote, serve on a jury, run for public office, or possess a weapon.
While these rights can be reinstated, the previous law in Arizona required the offender to go to court and submit an application. However, a new amendment was made to this law, which changes the process for civil rights restoration.
The new law now allows first-time felony offenders to restore their civil rights without having to go through the court process. As long as they complete their jail time or probation, their civil rights are automatically restored without any further action needed on their part.
However, this new law comes with exceptions. The automatic reinstatement only applies to those who meet the following elements:
- The individual is a first-time felony offender.
- They completed jail time or probation.
- The offense is not classified as a dangerous or serious offense like sex offenses, armed robbery, arson, murder, and the like.
The new law only covers first-time felony offenders. Those with subsequent offenses, i.e. second, third, or fourth-time offenders, do not get their civil rights automatically reinstated. They still have to go through the court process for the restoration.
The new law allows out-of-state convictions to be applied for in Arizona if the offender now lives in the state. They can send their applications to an Arizona court and ask for their rights to be restored for a felony they committed in the previous state where they lived.
The qualifications are the same. They must be first-time offenders who completed their sentence and their offense must not be classified as dangerous or serious.
The Arizona Department of Motor Vehicles (DMV) is rather confusing to work with. They have a habit of sending letters that apply to the same thing but discuss different processes, which leads to a lot of confusion on the driver’s part, especially when it comes to how to reinstate a license suspension.
But a close reading of each letter will reveal a very simple process and a clear step-by-step on how to clear up a driver’s license suspension.
A person who has a license suspension in Arizona needs to do a couple of things in a timely manner to get their license reinstated. The exact steps they need to take may depend on their unique case, particularly the cause of their suspension.
The very minimum requirement to clear up a license suspension with Arizona DMV is to pay the reinstatement fee after the suspension period. This can cost around $50 to $60, depending on the driver’s age group.
Aside from paying the fee, there may be a couple more things required from the driver, depending on their offense. Here are a couple of examples.
Those whose licenses got suspended because of the following offenses will be required to attend and complete traffic survival school (TSS):
- Running a red light/ stop sign
- Aggressive driving
- Moving violations that result in death or serious injury
- First moving violation for drivers under 18 years of age
- Drivers who accumulate 8 or more points in a 12-month period
A person whose license is suspended because of driving under the influence of drugs or alcohol will need to pass a drug or alcohol screening before they can get their license reinstated.
A revocation, or removal of driving privileges, happens upon a person’s conviction of certain driving offenses. These include cases that involve DUIs, homicide or assault with the use of a vehicle, drive-by shootings, etc.
When a driver’s license has been revoked, they need to wait out their revocation period before they can apply for reinstatement. The application process begins by completing an investigation packet, which the DMV will use to conduct an investigation to ensure that all legal requirements have been met.
All drivers with an Arizona license should go onto azmvdnow.gov and create an account. This is where they can view their driving license records and monitor the status of their suspension. Drivers who are looking to reinstate their licenses can also pay the reinstatement fee online through this website.
A person who has been convicted of a felony and completed their sentence can file certain types of relief in court that can help them move forward with their lives and reinstate themselves back to society. Among these is an expungement of their criminal record and a motion to set aside a conviction.
Often, people mistake these two as one and the same. But they’re each a unique relief that has a different effect on the person seeking it.
On January 1, 2023, Arizona implemented a statute that allows a person convicted of a crime to seal their criminal record from public view. This is referred to as expunging their criminal conviction.
An expungement of records can be beneficial to a convict, allowing them to apply for jobs, build their credibility, get approved for personal or financial support, etc., without their criminal history getting in the way.
That’s the limit to what an expungement can do. It cannot reinstate a convict’s civil rights – for that, they must file a motion to set aside a conviction.
If a person petitions a court to expunge their conviction, they need to meet certain criteria. The most important thing to know is that there is a time period that they need to complete before they can apply for expungement:
- Class two and class three felonies – 10 years after the completion of jail time or probation
- Class four, class five, and class six felonies – 5 years after the completion of jail time or probation
- Class one misdemeanor – 3 years after the completion of jail time or probation
Further, if a person wants several items on their criminal record expunged, they need to file separate petitions for each case.
An expungement is different from a motion to set aside a conviction. The latter is an application that the convict can submit to the court in order to reinstate their civil rights, including:
- The right to vote
- The right to serve jury duty
- The right to run for public office
- The right to possess a firearm
A new Arizona law automatically restores these rights to first-time felony offenders after they have completed their sentence. However, those with subsequent offenses need to file a motion to set aside a conviction to reinstate these civil rights.
Unlike in expungement, there is no certain time period to wait before being allowed to file a motion to set aside a conviction. However, it’s worth noting that a judge will not grant it unless there has been sufficient time to tell that the convict has completely changed their life and warrant the restoration of their civil rights.
There are also certain offenses that cannot be set aside. These include serious convictions, such as sex offenses, and other dangerous offenses like murder and arson.
Oftentimes, a person should be submitting both a petition for expungement and a motion to set aside a conviction so that they can reap the benefits of both reliefs.
There are a lot of intricacies that go into these processes, so anyone interested in pursuing them should first speak to a competent defense attorney. A lawyer can help them understand their options and guide them through the process.
A criminal conviction can affect a person long after they have served their sentence. Because the conviction goes into their record, it can hinder their ability to find employment, cause them to fail background checks, and overall affect how they interact with society.
But there’s a new law that will be implemented in Arizona soon, which will allow people to seal their criminal conviction out of public view.
A new law in Arizona that takes effect on January 1st of 2023 will allow people to file an application to get their criminal conviction and arrest records sealed and inaccessible to public viewing.
This is great news for those with criminal records as the new law basically gives them a clean slate, nourishing new opportunities that weren’t accessible to them because of their prior convictions.
But of course, the new law is not without its limitations. It is not applicable to all criminal convictions and there are certain time periods before a person can apply to get their conviction sealed.
The new law does not apply to all classes of criminal convictions. Only those with prior convictions of general and non-dangerous crimes can apply for the relief. Certain types of serious convictions for dangerous offenses, like crimes against children, are not eligible.
There are also time periods provided that limit when a person is allowed to apply to get their conviction sealed. These time constraints depend on the classification of the crime they were convicted for. A person cannot ask for their conviction to be sealed unless it has been:
- 10 years for a Class 2 or 3 felony
- 5 years for a Class 4, 5, or 6 felony
- 3 years for a Class 1 misdemeanor
- 2 years for a Class 2 or 3 misdemeanor
The time period starts once a person completes their sentence or probation.
The new law is a great step that Arizona is taking to give people who have old convictions a new chance at life. With their criminal records sealed and away from the public eye, they are able to start a clean slate and find employment or access other opportunities.
Traffic enforcement is adopting new technologies to help ensure that traffic laws are being followed and to catch those who violate them. One of the developments involves the use of photo radar, which automatically photographs vehicles that are speeding or running red lights.
A photo radar violation is a type of speeding ticket that is issued when a driver is caught speeding by a photo radar camera. Vehicles that are flashed by a photo radar for speeding or running a red light receive a Notice of Violation in the mail a couple of months later. These notices will contain photos of the vehicle in the event of the violation and a request for the driver or owner of the vehicle to pay the fines.
Some people think that a Notice of Violation is a court document and receiving it requires them to act on it. But despite the notice requesting for a fine to be paid or for the violating driver to be identified, it is not an official court citation.
According to Arizona law, a notice of violation is not a court document, and hence, the receiver is not obligated to respond to it. Lawyers recommend that this notice is ignored as most jurisdictions do not end up serving a traffic citation and complaint if they don’t respond to the notice.
While photo radar violations often end with the driver ignoring the notice of violation, some jurisdictions do opt to serve a traffic citation and complaint. This may come a certain period after the notice and served the same way as any other civil lawsuit, usually in person by certified mail.
This is the only point when a person can act on the complaint. Because a citation is an official court document in Arizona, they should follow through with the penalty, whether it’s going to traffic school or paying the fine. But if it’s only a notice of violation, there is no need to act on it as most jurisdictions won’t even try to serve the vehicle owner for ignoring the notice.
A person who is convicted of a misdemeanor or felony offense in an Arizona court can be placed on probation. An alternative to jail time, probation allows them to be released from confinement for a specified period, provided that they abide by the terms of their probation and coordinate with their probation officer.
Under Arizona law, a convicted individual can only be placed on probation for a certain amount of time, the length of which depends on the offense they were convicted of.
Misdemeanors and felonies are categorized according to the seriousness of the offense and their accompanying penalties. These classes of criminal offenses also have differing probation periods, namely:
- Class two felonies – maximum of seven years
- Class three felonies – maximum of five years
- Class four felonies – maximum of four years
- Class five and six felonies – maximum of three years
- Class one misdemeanors – maximum of three years
There are some offenses that carry their own special terms of probation. One example is driving under the influence (DUI). A misdemeanor DUI can get up to five years of probation while the maximum for a felony DUI is 10 years.
Some serious crimes, such as sex offenses, can carry a probation term that lasts the entirety of the convicted individual’s lifetime.
The probation period can be extended for a number of reasons. Among these include if the convicted individual owes restitution or absconds in the middle of their probation.
Restitution is a fine that convicted individuals have to pay to their victims. Even someone on probation needs to settle their restitution fees. If their probation period has expired but they have not completely settled their restitution, their probation can be extended.
The extension can be as long as five years for felonies and two years for misdemeanors.
During the probation period, the convicted individual must report to their probation officer continuously. If they abscond, leave, or stop reporting, the court will issue a warrant for their arrest.
The time they are not accounted for is not counted in their probationary term. When they are caught, they will need to serve that missed period, which extends their probation time.
In Arizona, a driver’s license can be suspended for a number of offenses, such as driving under the influence of alcohol, multiple traffic violations, or other serious driving-related offenses. A person whose license is suspended is not allowed to operate a motor vehicle until they get their license reinstated.
However, there are a lot of drivers that are unaware that their licenses are suspended. And should they get pulled over by a police officer on the road and it comes to the officer’s attention that they are driving without a valid license, they can get charged with a criminal offense.
If a person is caught driving with a suspended license, they shouldn’t just plead guilty, especially if they were unaware that their license was suspended in the first place. The lack of knowledge that their license has been suspended can be a defense that will acquit them of the criminal charge.
For the prosecution to prove that a driver is guilty of driving with a suspended license, they must show two things:
- That the license has in fact been suspended by the Arizona DMV
- That notice of the suspended license was provided to the driver
If a driver was unaware of the suspension of their license because the DMV didn’t send a notice or the notice was sent to the wrong address, the driver can be acquitted and free from the criminal charge.
However, if it is proven that the driver was successfully notified of the suspension but they don’t know about it because of the failure to appear, they may be found guilty and sentenced to up to 180 days in jail and over $4,000 in fines.
A person who is charged with a criminal offense for driving with a suspended license should speak to an attorney who can help them build a solid defense. If they did not know that their license was suspended, a lawyer can help prove it in court and obtain an acquittal.
Entering a guilty plea is something that should be done with a lot of thought and consideration. After all, it can change the entire course of an accused’s life. Some people, after they have entered a plea of guilty, regret doing so because they felt pressured into it by their attorneys or family members. In these situations, it’s important for them to know if they have options to get out of their guilty plea.
Opportunity to Get Out of the Plea During the Hearing
Before the court accepts an accused’s plea of guilty, it is obliged to ask if the accused was forced, threatened, or promised anything outside of the plea agreement in order to convince them to plead guilty.
If the accused answers “yes,” the judge would not take the plea. If they answer “no,” the court is assured that the plea is voluntary and was given with free will. They will then accept the plea of guilty and move forward to sentencing.
Pressure vs. Force, Threat, Coercion, or Promise
An accused receives a lot of advice from their attorney before they decide whether or not to take a plea agreement. It’s a criminal defense lawyer’s job to convince the client to take a plea if it is more favorable to them and their unique situations.
However, the client still holds the ultimate decision of whether or not to accept the plea. They have every right to refuse a plea agreement and go to trial against their attorney’s advice. Or they can choose to accept the plea agreement because they were pressured to do so.
However, there is a stark difference between getting pressured into a plea agreement and the force, threat, coercion, or promise that the court is looking for during the plea hearing. Merely being pressured into it is often not enough. There needs to be serious grounds to get out of a guilty plea.
Can an Accused Get Out of a Plea Prior to and After Sentencing?
Once an accused has entered a plea of guilty, it is difficult to get out of it. While there are reliefs, it is a complicated process that requires solid proof or reasons that call for the withdrawal of the plea.
Prior to sentencing, the accused needs to show a manifest injustice that needs to be corrected, such as if the defendant was denied correct assistance by their lawyer or the plea was entered without knowledge of the sentence that could be imposed.
If the accused wants to withdraw from the guilty plea after sentencing, they will need to file a petition for post-conviction relief within 90 days of sentencing and show specific reasons why they should be given relief.
While there are ways to get out of a guilty plea, it is a very difficult process that does not guarantee withdrawal. That’s why it’s important that the accused speaks to their attorney and weighs their options carefully.
While Arizona is a firearm-friendly state, some people are prohibited by Arizona criminal law to possess deadly or prohibited weapons. These people are called prohibited possessors. But what exactly does this mean and how does one become a prohibited possessor in Arizona?
Legal Definition of a Prohibited Possessor in Arizona
Under the criminal statutes of Arizona, a prohibited possessor is someone who is prohibited by law from possessing a deadly or prohibited weapon by virtue of a prior felony conviction, acute or grave disabilities, delinquency for a felony, etc.
How Does a Person Become a Prohibited Possessor?
Becoming a prohibited possessor is not something that is ordered by a judge in a criminal court. Instead, it happens by virtue of the existing criminal laws in Arizona. According to A.R.S. § 13-3101 (A)(7), a prohibited possessor is any person:
- Who is a danger to themselves or to others
- Who has an acute disability or grave disability
- Whose right to possess a firearm has not been restored by the court
- Who has a prior felony conviction
- Who is serving a term of imprisonment
- Who is under felony probation, parole, community supervision, work furlough, home arrest, or release
- Who is a nonimmigrant that maintains a foreign residence
What Happens When a Prohibited Possessor is Caught With a Firearm?
If a person is classified by law as a prohibited possessor and is caught with a deadly or prohibited weapon, they can be charged with a class 4 felony for misconduct involving weapons. If found guilty, the prohibited possessor can be facing one to 3.76 years in jail.
People who have had issues with others in the past may seek to protect themselves by asking for relief in court. The judge can grant either an order of protection or injunction against harassment, depending on the relationship of the parties involved in the case.
An order of protection has strict rules that need to be followed to prevent a violation. But in order to understand what it covers, its definition must first be understood.
What is an Order of Protection?
An order of protection is a court order that prohibits a person from having any form of contact with another. When someone is on the receiving end of an order of protection, they cannot meet the person who took out the order in person or reach out to them by phone.
For an order of protection to go into effect, it needs to be served. After service, it is valid for one year. The person served with an order of protection can challenge the order and request a hearing to contest it.
Order of Protection vs. Injunction Against Harassment
An alternative to an order of protection is an injunction against harassment. While they both have the same effect of prohibiting contact, they involve different types of relationships between the parties.
An order of protection applies to relationships between family members or domestic partnerships. On the other hand, an injunction against harassment is given when the case involves third persons without domestic or familial relationships with each other.
Is it a Violation if the Person Who Took Out the Order Made First Contact?
There are some cases wherein the person who took out the order is the one who initiates contact with the person who has been served. While this may not seem like a violation, it is actually part of the contact prohibition and can be a basis for a charge for violating an order of protection.
If the person who took out the order wants to remove it, they need to go to court to modify the order of protection or dismiss it altogether.
When a person gets charged for a crime, they may have the opportunity to enter into a plea agreement with the prosecution. A plea agreement or plea bargain is a concession provided by the prosecutor in exchange for the accused pleading guilty to the crime charged. Depending on the discretion of the prosecutor and the unique circumstances, the concession can be a reduced sentence or punishment.
With the advice of their lawyer, the accused makes the decision of whether or not to enter into plea agreements. While agreeing to a plea bargain is not final and permanent, there are only unique circumstances that allow a withdrawal.
When a Person Can Withdraw From a Plea Agreement
When an accused decides to accept the plea bargain, they need to formally agree to the agreement on the record. This is done in an Arizona court. If the court defers its acceptance of the agreement, either party (both the prosecution and the accused) can withdraw from the agreement without cause.
How to Get Out of a Plea Agreement After Court Acceptance
If the court, however, has accepted the plea agreement in the plea proceeding, withdrawing from the agreement requires a more difficult remedy. The accused who wants to get out of the plea agreement needs to file a motion with the court and prove manifest injustice.
A showing of manifest injustice is a prerequisite to getting approved for a motion to get out of a plea agreement. The accused must prove that they entered the plea without adequate information or evidence beforehand. Manifest injustice can look like the following:
- The accused was given the wrong advice
- The decision to enter into a plea agreement was based on inaccurate information
- There is new evidence that the accused was not aware of before making the decision to enter into the plea agreement
Can the State Get Out of a Plea Agreement?
If it is the State or prosecution that wants to get out of the plea agreement, they are also bound by strict rules and procedures. At the very least, they must provide and establish a good reason for withdrawing.
Commonly, the State opts to get out of the plea agreement if the defendant has breached the plea, such as by providing information that was proven false during further investigation, and if the defendant committed a crime after the plea proceeding and before sentencing. In these instances, the court will allow the State to withdraw from the plea agreement.
Driving under the influence (DUI) of alcohol or drugs is among the biggest causes of road crashes or accidents that lead to serious injury or death. As such, police officers are trained to pinpoint signs of DUIs and can ask suspicious drivers to pull over.
To determine intoxication, the police officer can conduct a blood test or breath test. However, this needs to be done with the consent of the driver.
Can the Driver Refuse a Blood or Breath Test?
Consent is a necessary prerequisite to conducting a blood or breath test. Without it, the police officer is without authority to force the driver to abide by the tests to prove DUI. A driver can absolutely refuse to submit voluntarily.
What Happens When a Driver Refuses a Blood or Breath Test?
When a driver refuses to submit to a blood or breath test, the police officer will inform them of the consequences. The driver can either:
- Lose their privilege to drive for at least a year
- Lose their license for two years if they have a prior refusal in another DUI case
In DUI investigations, it’s important that the driver asks to speak to their attorney, who will advise them on what to do regarding the blood or breath test.
What if the Police Officer Does Not Ask for Consent?
There are some jurisdictions wherein the police officer does not ask for consent or goes ahead with the blood or breath test even after a refusal from the driver. In these situations, the driver’s rights under investigation are encroached, which makes it all the more important to seek the advice of an attorney.
A lawyer can properly inform on the steps to take when pulled over for a DUI and answer questions on license suspensions associated with DUI cases.
Arizona has a rehabilitative approach to punishing a person convicted of a criminal offense. As much as possible, they want the convicted individual to be able to reinstate themselves back to society, hence offering probation as one of the options of punishment.
Probation isn’t a one-size-fits-all approach and is often tailored depending on the crime the individual was convicted of.
The Levels of Probation
There are three main levels of probation: summary probation, supervised probation, and intensive probation supervision.
The lowest level of probation is summary probation. Usually granted to misdemeanor offenders, summary probation is unsupervised, requiring no meetings or check-ins with a probation offer. Depending on the offense, this informal probation level lasts one to five years and is only granted to those who are not seen as a danger to the community.
The second level of probation is called supervised probation. Here, a probationer is assigned a probation officer who they need to meet, check-in with, and report to from time to time. The terms of the probation also impose some limitations on their rights and restrict certain freedoms.
Supervised probation is usually granted in felony convictions, as well as some misdemeanor offenses. Depending on the offense, supervised probation can have stricter terms and restrictions. This applies in cases that involve:
- Sex offenses
- White-collar convictions
- Domestic violence
- Driving under the influence
If the probationer violates any terms of their supervised probation, the court can increase their restrictions and move them up to intensive probation supervision.
Intensive Probation Supervision
The strictest level of probation in Arizona is called intensive probation supervision or IPS. Considered as the last level of probation a convicted individual can get before going to prison, IPS imposes strict rules and steps that a probationer needs to take so they can earn their way back to a lower level of probation.
Intensive probation supervision is a 9-month program, during which the probationer needs to abide by the rules and restrictions. If they violate probation terms, the court may revoke their probation and send them to prison.
When there is a case pending against an accused, the court will notify them of the charge and ask them to show up in court by means of court summons. If the accused does not appear on the dates indicated, a judge will issue a warrant for their arrest.
While the process seems simple and straightforward, there are a lot of things that can go wrong from the point the court summons are sent out. There are many cases wherein court summons are sent to the wrong address and hence are not being received by the accused.
Where Court Summons Are Sent
A court sends out summons by certified mail to the accused’s last known address or the address indicated on the police report. Upon receipt, the accused should sign for it, indicating that they have received the court summons.
If they don’t, however, the mail will go back to the court as undeliverable. At this point, the court will issue a warrant for the person’s arrest and set a bond.
What To Do If You Did Not Receive Court Summons and There’s a Warrant For Your Arrest
If an accused never received summons to appear in court and learns that they have a warrant out for their arrest, the first thing they should do is contact a knowledgeable criminal defense attorney who can help them deal with the issue.
A lawyer will help file a motion to quash the warrant of arrest and appear in court with the accused. When the court sees that they did not, in fact, receive the summons and is voluntarily coming forward, the judge will quash the warrant and set a new court date without taking the accused into custody.
What If You Don’t Do Anything About It?
If the accused does not come forward and file a motion to quash, the warrant will still be valid and effective until the accused is caught and held in custody. No one wants to sit around knowing they have a warrant out for their arrest, so at the earliest possible opportunity, it’s important to engage the help of a criminal attorney to resolve the issue.
A person who is on probation for a felony is given the benefit of being able to reinstate themselves with their community. They can live outside of prison, look for employment, meet family and friends, and experience the freedom that unincarcerated people have. While probation is a step towards normalcy after being convicted of a felony, it does not come without limitations.
When a person is placed on probation and is assigned a probation officer, some of their rights may be limited. The restrictions that are placed upon them will depend on the type of probation they are in.
General Limitations in Felony Probation
A person on felony probation will have restrictions on:
- Who they associate themselves with – They cannot associate themselves with other probationers or those who have a felony conviction
- Possession of weapons – During the probation period, they cannot possess any type of weapon.
- Privacy – A person on probation can be searched by their probation officer at any time, even without probable cause.
These are the basic restrictions and limitations on a probationer’s rights if they are under felony probation.
Limitations for Specific Types of Probation
A person under a specific type of probation may have further restrictions. For example, someone convicted of a sex offense may not be allowed to use a computer or access the Internet. In probation for other white-collar crimes, the probationer may have to get permission from their probation officers to get a loan or be required to surrender their paychecks for review.
The limitations on a probationer’s rights can be more specific depending on the type of crime they were convicted of and the type of probation they have been granted.
How To Find Out Which Rights Are Restricted While On Probation
Because the limitations and restrictions while on probation can differ on a case-to-case basis, it’s important for a probationer to be aware of what they can and can’t do. All restrictions and rules are outlined in the terms of their probation, which the probationer is required to read and sign. If there’s anything that they do not understand, they should talk to their probation officer to prevent any misunderstandings that can lead to the revocation of their probation.
Shannon’s law in Arizona means that you could be facing a class-6 felony if you are arrested for unlawful discharge of a firearm in Phoenix. This means that, even if the firearm was fired into the air or not aimed specifically at a person, you could end up with a felony on your record – even if it your first offense and no one was hurt. Shannon’s law is very strict and is often prosecuted very aggressively as a “”dangerous offense”” in Arizona, which comes with very stiff penalties.
However, there are some exceptions written into the law which make firing a gun in city limits legal when you:
- Are on a supervised shooting range
- Are in a designated hunting area or have a special permit
- Are firing blanks
- Are shooting in defense against an animal attack, assuming deadly force was reasonable in the situation
- Are at least a mile away from any occupied structure
Don’t take accusations of a felony offense lightly. If you have been arrested for unlawful discharge of a firearm in Phoenix, contact an experienced Phoenix criminal defense attorney who can protect your rights and explain your options at 888-929-5292. If you’d like further information, request a FREE copy of our informative book, Arizona Criminal Law – What You Must Know.
Actions that may add money laundering charges to felony drug charges.
If you have been arrested for selling drugs or even, in some cases, possessing illegal drugs with the suspicion of intent to sell, it is possible that you will also be charged with illegal control of an enterprise. This very serious charge can result in a felony conviction on its own, but it is often seen in relation to other felony drug charges. If you have questions about what happens next after a charge of illegal control of an enterprise, read through the following basic information and contact an experienced criminal defense lawyer to talk about how it relates to your specific situation.
What Does the Law Say?
A.R.S. §13-2312 defines illegal control of an enterprise as when a person, “through racketeering or its proceeds, acquires or maintains, by investment or otherwise, control of any enterprise.”
“Racketeering” related to felony drug charges in Arizona might be defined as engaging in any of the following for financial gain, whether actual or intended:
- Illegal drug sales or trafficking
- Theft or robbery
- Money laundering
- Obstructing police investigations
So, as you can see, you may be slapped with a charge of illegal control of an enterprise if you are believed to have been selling drugs in Arizona for financial gain with the help of others.
What Should I Do if I Have Been Charged with Illegal Control of an Enterprise?
If you have been charged with illegal control of an enterprise along with other felony drug charges, it is extremely important that you contact a criminal defense lawyer as soon as possible for help. A skilled Phoenix drug offense lawyer can look at the facts in your case, build a strong defense, and work toward reducing the penalties in your case or even having some or all of the charges dropped. We would be happy to discuss your case with you in a free and confidential legal evaluation.
To learn more about what to do after you or a loved one is arrested in Phoenix, request your free copy of our informative book, Arizona Criminal Law – What You Must Know. Just give us a call at 888-929-5292, or fill out our confidential online contact form.
Your rights regarding illegal search and seizure are defined by the U.S. Constitution, Arizona law, and many other specific court rulings over time. Although interpreting the law regarding search and seizure can be a complex task and has been at the center of many complicated felony drug cases, what it boils down to is that officers cannot search you without a probable cause for the search. And, if the police search you illegally, that evidence cannot be used in court against you. For the most part, officers must obtain a warrant to legally search you, your car, or your home and use any evidence they find against you. If you have been charged with a felony drug crime after the police searched you without a warrant, speak with a Phoenix criminal attorney as soon as possible about your case.
However, there are some situations in which the police may be able to legally search you, your home, or your car without a warrant, including:
- Consent. If you willingly give consent for the search, then officers do not need a warrant or probable cause to search.
- Plain view. If an officer sees a potentially illegal item in plain view, then they can seize that item and use it as evidence against you.
- Incident to arrest. If you have been arrested and there is probable cause that you committed a crime, the officer may search you without a warrant.
- Exigent circumstances. If there is an emergency situation or an immediate threat to public safety, then officers may be able to enter a building or search without a warrant.
If you have been charged with felony drug possession in Arizona or another drug-related crime after a police search, speak with a skilled criminal lawyer as soon as possible about your rights. If you were searched illegally in Arizona, then you may be able to avoid conviction or your case may be dismissed entirely with a smart defense. Give one of our experienced Phoenix drug lawyers a call today at 888-929-5292 and learn more about your rights and options after an arrest.
If you or a loved one would like more information about how a criminal attorney can help you, request your completely FREE copy of our informative book Arizona Criminal Law – What You Must Know. You can receive your FREE copy today by either giving us a call or filling out our quick online contact form.
It is not unusual to see felony drug charges after a car search. However, police are limited by the law as far as when they are allowed to search your car for drugs. As drug possession attorneys, here is a little information we would like to share with you about car searches.
When Can the Police Search My Car for Drugs?
Law enforcement officers do not have to have a warrant to search your car in most cases. However, your Fourth Amendment rights still protect you from unreasonable search and seizure even when you are in a vehicle. This means that, by federal law, police must have probable cause before they can search your car for drugs.
For example, if you are pulled over for running a red light, police cannot search your car for drugs unless there is some other sign that drugs or other crimes are involved. A probable cause in this case might be the smell of marijuana in your car or drug paraphernalia in plain sight when you are pulled over.
If the police do search your car, be aware that your and your passengers’ belongings may be included in the search. This would include searching purses, backpacks, etc. Keep in mind that, even if you refused a search, the contents of your car will be routinely inventoried by the police if the car is towed after your arrest.
Police Searched My Car in Phoenix. What Happens Now?
If you are facing Arizona felony drug charges after the police searched your car, don’t wait until it’s too late to get help. Speak with a an attorney as soon as possible at 888-929-5292 to talk about your situation and the circumstances of your arrest. The Phoenix criminal defense lawyers with Curry, Pearson & Wooten serve Phoenix, Tempe, Mesa, Gilbert, Scottsdale, Glendale, and the surrounding areas.
We understand that facing criminal charges can be difficult and confusing. Learn more about Arizona laws and what to do after an arrest with a FREE copy of our helpful book Arizona Criminal Law – What You Must Know. Just give us a call or use our online contact form to request your copy today.
Make sure that your undesignated felony is made a misdemeanor; don’t assume that it will automatically happen.
We get numerous calls from people convicted of an “undesignated” felony who don’t understand why their offense was not designated a misdemeanor after they completed probation. In Arizona, an “undesignated” felony is a Class 6 felony offense where the court has specifically set forth in the sentencing document that the offense is “undesignated.”
“Undesignated” means the defendant is given the opportunity to have the offense designated as a misdemeanor at some point in time. Sometimes, it can be designated a misdemeanor at sentencing but oftentimes a plea agreement requires the defendant to successfully complete probation before the court designates the conviction as a misdemeanor. If the court keeps the conviction undesignated at sentencing and then places the person on probation, the offense is considered a felony conviction for all purposes UNTIL it is actually designated a misdemeanor by the court. Even if there seems to be no problems on probation, a defendant should not assume that the court designated the offense a misdemeanor just because a person finished his/her probation. Many times an offense is left undesignated after probation because certain sentencing terms weren’t fulfilled, such as owing fines, fees or restitution.
What should you do?
When probation ends, a defendant should always make sure to check if the offense is still an undesignated felony or has been made a misdemeanor. If it still remains an undesignated offense, a defendant needs to inquire as to why it is still undesignated. Have all terms been fulfilled? Were all fines, restitution and fees paid? Did the defendant remain law abiding during probation? If all conditions were fulfilled or the defendant later fulfills all conditions (i.e. pays off any monies owed), then the defendant can file a motion with the court to designate the offense a misdemeanor. It is very important to have the conviction designated as a misdemeanor so not to have any felony convictions on one’s record.
Most people have heard of the case where a burglar broke into a house, injuring himself and later suing the homeowner. The burglar in question won, and was awarded damages.
While that particular story has evolved into somewhat of an urban legend, there are several examples of real-world cases where criminals were injured in the act. These criminals were later able to sue the victim of their initial crime for negligence, and often successfully settled for large sums of money.
Of course, we all hope that judges or juries will exercise good sense and protect the victims of Arizona criminals from erroneous lawsuits intended to intimidate or further antagonize. Elections earlier this month saw overwhelming voter approval for the Arizona Crime Victim Protection Act, or Proposition 114. Proposition 114 aims to amend the Arizona Constitution, preventing criminals from suing the victims of their felony crimes should they be injured while committing these felonies.
The proposition’s amendment reads, “…a crime victim is not subject to a claim for damages by a person who is harmed while the person is attempting to engage in, engaging in or fleeing after having engaged in or attempted to engage in conduct that is classified as a felony offense.” There are already two statutes in place that prevent criminals from filing lawsuits against their own victims, but one was found to conflict with the state Constitution in a 2006 appeal, as it limited the right to sue.
In the weeks leading up to the election, the Arizona Democratic Party encouraged Arizonans to vote against Proposition 114. A spokesperson, Frank Comacho, said that despite it being a redundant measure, the results in its favor spoke volumes of voters’ feelings on the matter.
Despite the amendment’s supposed redundancy, victim’s rights are an important matter that Arizona voters felt strongly about in the elections. If you or someone you love is a victim of a felony crime in Phoenix or the surrounding areas, the Phoenix attorneys at Curry, Pearson & Wooten will work hard to ensure that your rights are protected—call today at 888.929.5292 or 602.258.1000 for a free, confidential consultation.
Although drug-sniffing dogs are often used by police in Arizona to detect drugs in a vehicle, many people have raised concerns about their reliability. K9 units are not infallible, and it’s possible that a dog may make a mistake that leads officers to search your car. Our Phoenix drug lawyers understand that K9 units may make mistakes if they are:
- Overworked. Dogs may make mistakes if they are overworked or have been working too long without a break.
- Undertrained. If a dog has not been properly trained or is not experienced, then the dog might respond to other items, get distracted, or simply alert in hopes of receiving a treat.
- Improperly handled. Even a well-trained dog may make mistakes if the handler is not trained or makes a mistake.
- Taking cues from the handler. Research has shown that many drug dogs take cues from their handlers. For example, a dog may pick up on the body language of a police officer who believes you have drugs.
If you have been arrested in Arizona after a drug dog alerted police, it’s important that you seek the help of a professional as soon as possible. Our Phoenix criminal lawyers can investigate your case and determine if there may have been a problem with the dog used to search your vehicle. Speak with us today at 1-888-929-5292 to schedule a completely free and confidential legal consultation with a skilled Phoenix drug lawyer, or simply fill out our easy online contact form. For more information, don’t forget to also request a FREE copy of our helpful book Arizona Criminal Law – What You Must Know.
Many felony drug arrests in Arizona are the result of a K9 unit alerting police to potential drugs in a vehicle. The police may use a drug dog to search your car in Arizona when you are pulled over for an unrelated traffic violation if they suspect you may have drugs in your car, or they may use drug dogs routinely at certain checkpoints throughout the state. Many of these arrests are related to marijuana or drug paraphernalia, but our Phoenix criminal lawyers also see a number of arrests for methamphetamine or cocaine and, to a lesser degree, crack-cocaine or heroin.
Drug Dogs and Car Searches in Arizona
K9 units are trained to sniff out drugs on a reward-based system, meaning that the dogs associate alerting their handlers to drugs with receiving a reward or a treat. Dogs may be trained to alert handlers in a variety of ways, including actively pawing the ground or even sitting down. If the drug dog shows this alert behavior, then the officers have probable cause to search your vehicle.
Unfortunately, these K9 units do make mistakes sometimes. If the dog is tired, improperly handled, or improperly trained, then the results may be unreliable.
Why You Should Seek Help After a Drug Dog Arrest in Arizona
Because drug dogs may not be reliable or properly trained, it’s worth having a professional investigate your case. If there is concern that the officers did not have appropriate cause to search your car because of a poorly trained or overworked dog, then the evidence found in that search may not be permissible in court.
If you have been arrested in Arizona after a drug dog alerted police, it’s important that you seek the help of a professional as soon as possible. Our Phoenix criminal lawyers can investigate your case, defend your rights, and focus on building a strong case in your defense. Speak with us today at 1-888-929-5292 to schedule a completely free and confidential legal consultation with a skilled Phoenix drug lawyer, and don’t forget to also request a copy of our important book Arizona Criminal Law – What You Must Know.
As Phoenix criminal lawyers, we often see money laundering charges added to felony drug charges in Arizona, especially relating to drug trafficking or sales. Although you may think of money laundering only as a high-end, “white collar” crime committed only by CEOs and other corporate professionals, the truth is that money laundering charges can accompany a wide range of offenses that involve any kind of exchange of money or services.
What Is Money Laundering in Arizona?
In Arizona and elsewhere, money laundering is basically the process of disguising the source of money obtained through illegal means or attempting to make money obtained illegally appear to be legitimate. So, for example, it would be considered money laundering if you pay someone with money you obtained illegally, or even if you attempt to deposit that money to a bank account.
How Does Money Laundering Relate to Felony Drug Charges in Arizona?
If you have been charged with a drug crime or have been involved with someone you knew to be making money from selling or transporting drugs, you could be charged with money laundering if:
- You attempt to deposit cash from illegal drugs in your bank account or deposit the cash in a bank account for another person.
- You attempt to pay another person with the proceeds from criminal drug activity or if you accept payment from someone who was engaged in illegal activity.
- You otherwise attempt to transfer money made from illegal drugs into a legitimate source.
What Should I Do if I’ve Been Charged with Money Laundering after a Phoenix Drug Arrest?
If you have been arrested for money laundering related to a drug arrest, it is important to speak with an experienced Phoenix drug lawyer as soon as possible to explain your rights and start building a strong case in your defense. Our Phoenix criminal lawyers will work closely with you on your case and may be able to have the charges against you dropped or reduced. If you need help, reach out to us today at 1-888-929-5292, or simply fill out the confidential contact form on this page.
For more information about how a Phoenix drug lawyer may be able to help you or a loved one, please also request your completely FREE copy of our helpful book, Arizona Criminal Law – What You Must Know.
If you have been charged with illegal control of an enterprise in Arizona relating to the sale of illegal drugs, you are likely facing a complex and difficult trial with many different felony charges involved. Arizona treats these crimes very harshly, and you could be facing many years in prison, huge fines, and extended probation after your release. Your best course of action after you have been charged with illegal control of an enterprise is to get in touch with a skilled Phoenix criminal defense lawyer who can help you start building a strong case in your defense.
Here are some questions you should ask yourself before hiring your Phoenix criminal attorney:
- Does he or she have experience and a successful history with drug offense cases?
- Do I feel comfortable talking with him or her, and do I understand the answers to my questions?
- Can he or she explain what is happening in my case in terms I understand?
- Is he or she familiar with the laws and courts in my local area?
If you can answer “yes” to all of these questions, then you may have found the right attorney to help you with your case. If you’d like to speak with a qualified attorney with Curry, Pearson & Wooten, simply give us a call today or use our confidential online contact form.
To learn more about criminal defense and felony drug crimes in Arizona, please give us a call today at 1-888-929-5292, and request your free copy of our informative guide, Arizona Criminal Law – What You Must Know.
If you have been arrested for selling drugs in Phoenix or even, in some cases, possessing illegal drugs with the suspicion of intent to sell, it is possible that you will also be charged with illegal control of an enterprise. This very serious charge can result in a felony conviction on its own, but it is often seen in relation to other felony drug charges. If you have questions about what happens next after a charge of illegal control of an enterprise, read through the following basic information and contact a skilled Phoenix criminal defense lawyer to talk about how it relates to your specific situation.
What Does the Law Say?
A.R.S. §13-2312 defines illegal control of an enterprise as when a person, “through racketeering or its proceeds, acquires or maintains, by investment or otherwise, control of any enterprise.”
“Racketeering” related to felony drug charges in Arizona might be defined as engaging in any of the following for financial gain, whether actual or intended:
- Illegal drug sales or trafficking
- Theft or robbery
- Money laundering
- Obstructing police investigations
So, as you can see, you may be slapped with a charge of illegal control of an enterprise if you are believed to have been selling drugs in Arizona for financial gain with the help of others.
What Should I Do if I’ve Been Charged with Illegal Control of an Enterprise?
If you have been charged with illegal control of an enterprise along with other felony drug charges, it is extremely important that you contact a Phoenix criminal defense lawyer as soon as possible for help. A skilled Phoenix drug offense lawyer can look at the facts in your case, build a strong defense, and work toward reducing the penalties in your case or even having some or all of the charges dropped. We would be happy to discuss your case with you in a free and confidential legal evaluation.
To learn more about what to do after you or a loved one is arrested in Phoenix, request your free copy of our informative book, Arizona Criminal Law – What You Must Know. Just give us a call at 1-888-929-5292, or fill out our confidential online contact form.
The majority of searches conducted without a warrant in Arizona are searches conducted with consent. If you consent to a search, the police do not have to have probable cause to search you, your home, or your vehicle, and they can use any evidence they find during the search against you in court. As a Phoenix criminal attorney, I have a great deal of experience with the law surrounding consent searches and felony drug crimes in Arizona. If you have been arrested for drug possession in Phoenix after a consent search, I want you to know that you may still have options.
Do I Have Options after a Consent Search Leads to My Arrest?
The law regarding warrantless searches can be very complicated, and even a search you consented to may not be admissible in certain circumstances, such as:
- You didn’t have authority to consent to the search.
- You asked the officers to stop searching and they did not.
- You weren’t old enough to consent to a search.
- You were under the influence of alcohol or drugs.
- You have a medical or mental health issue that interferes with your ability to give consent.
- You were coerced or threatened into giving consent.
If you have questions about your rights after a consent search, speak with a Phoenix criminal lawyer as soon as possible about your case. We would be happy to meet with you in a completely free, no-obligation consultation and start building a strong case in your defense. Give us a call today at 1-888-929-5292 or fill out our confidential online contact form for more information.
If a person possesses an amount of drugs over the statutory threshold amount, prison could be imposed. The threshold amount is different for each type of illegal drug, and you can be charged with possession for sale even if you did not intend to sell the drugs found in your possession. The penalties for drug possession for sale are much harsher than those for just possession; possession for sale is always charged as a felony, and you could be facing mandatory prison time if you are convicted depending on whether the amount possessed was over the threshold amount or if you have prior convictions.
Common Phoenix Drug Possession Threshold Amounts
If you are in possession of an amount of the drug over the threshold amount, then it is assumed that you intended to sell it. Here are some common threshold amounts in Arizona:
- Marijuana: 2 pounds
- Heroin: 1 gram
- Meth: 9 grams
- LSD: ½ ml or 50 dosage units
- Crack: 750 mg
- PCP: 4 grams
In general, other drugs not listed here are generally considered over the threshold amount if they carry a value over $1000. Speak with your Phoenix criminal defense attorney if you need more specific information.
If you need help after you have been arrested in Phoenix, speak with a Phoenix drug possession lawyer as soon as possible for help. The Phoenix drug lawyers with Curry, Pearson & Wooten will fight hard to defend your rights and help you get the best possible outcome in your drug possession case. Just give us a call today at 1-888-929-5292.
As search and seizure cases go to the Supreme Court, our laws are clarified and a precedent is set for future cases. Over the last 15 years, the laws regarding when the police can search your car for drugs have seen several such clarifications. One of the most important of these cases took place right here in the state of Arizona.
In the 2007 case of Arizona v. Gant, it was determined that, “When the justifications no longer exist because the scene is secure and the arrestee is handcuffed, secured in the back of a patrol car, and under the supervision of an officer, the warrantless search of the arrestee’s car cannot be justified as necessary to protect the officers at the scene or prevent the destruction of evidence.” Before this ruling, police were able to search your vehicle incident to arrest even after you were handcuffed in the back of a police car.
This ruling came about in this case after Rodney Gant, of Tucson, was arrested for driving on a suspended license and placed under arrest. Police searched his car after he was arrested, cuffed, and waiting in the police car. During the search, they found drugs in the car that led to Gant’s conviction in court.
If you need help after a drug arrest or police car search in Phoenix, speak with an experienced Phoenix drug lawyer as soon as possible. You can reach a skilled Phoenix drug possession attorney by calling Curry, Pearson & Wooten at 1-888-929-5292 today.
As a Phoenix drug lawyer, I have dealt with many Phoenix drug possession cases over the years – and I know they can get serious very quickly. Arizona treats drug crimes very harshly, and among the most serious charges is possession for sale. Possession for sale is always charged as felony, and it generally comes with a mandatory prison sentence and big fines.
If you have been arrested for drug possession in Phoenix, you are probably concerned about how possession for sale is determined. Unfortunately, possession for sale is determined mostly by how much of the drug you were found with and any additional evidence that may have been found – not by whether or not you actually intended to sell the drugs in your possession.
“Over the Threshold” Drug Charges
The State of Arizona has set certain statutory threshold amounts for illegal drugs. If you possess drugs in an amount over the set threshold, you can be charged with possession with intent to sell, even if you possessed the drugs for personal use or had no intention to sell. If you’ve been accused of possessing drugs for sale because you possessed an amount over the threshold, speak with a Phoenix drug possession lawyer about your rights as soon as possible.
Additional Evidence of Possession for Sale in Arizona
The police or DEA will also look for additional evidence that you intended to sell the drugs in your possession. They will be looking for things like:
- Small amounts of drugs in baggies
- Scales and tools commonly used in handling drugs for sale
- Other drug paraphernalia
- Ledgers and large amounts of cash
- Evidence in your bank account and cell phone records
If you have been charged with possession of drugs for sale in Phoenix, Scottsdale, Tempe, Mesa, Chandler, Gilbert, Fountain Hills, Paradise Valley, Avondale, Goodyear, Glendale, Buckeye, or the surrounding areas, don’t wait until it’s too late to get help. Call an experienced Phoenix drug possession lawyer today at 1-888-929-5292 to talk about your rights, options, and defense. At Curry, Pearson & Wooten, we will fight hard to defend you and bring you the best possible outcome.
For more information about what a Phoenix criminal defense lawyer can do for you, request your FREE copy of our important book Arizona Criminal Law – What You Must Know.
If you have been arrested for possession of Oxycodone in Phoenix, whether for sale or for personal use, you are likely facing felony drug charges. As a Phoenix drug lawyer, some of the first questions I get from clients have to do with what kinds of punishments they will face if convicted.
Unfortunately, there is no easy answer. Sentencing for drug crimes in Arizona depends on a lot of different factors specific to your case. For example, your sentence will depend on:
- How much oxycodone was in your possession
- If you also had other drugs in your possession
- If you have any previous offenses on your record
- If it is determined that you sold oxycodone or intended to sell it
- Any complicating factors, such as gang-related charges or weapons charges
If you have been arrested for possessing or selling oxycodone in Phoenix, your defense attorney may be able to reduce your sentence or have the charges against you dismissed. For specific information about your options and what kind of outcome to expect, you will need to speak directly to an experienced Phoenix criminal defense attorney.
Our experienced Phoenix drug attorneys would be happy to talk to you today about your drug offense case. We are experienced Phoenix criminal defense attorneys who will fight aggressively to defend your rights and prepare a strong case for you. Give us a call today at 1-888-929-5292 to talk to someone who can help.
For more information about what to expect after you are arrested in Arizona, also request your FREE copy of our helpful book Arizona Criminal Law – What You Must Know, which is completely free of charge to Arizona residents.
Arizona has taken a firm stance against drug sales in the state, and the penalties if you are convicted can be very harsh, including big fines, prison time, and many years of probation. If you are arrested for selling drugs to a cop in Phoenix, the police will work hard to gather evidence against you before, during, and after the arrest. Here’s what you should do if you are arrested:
- Inform the arresting officers that you want to invoke your right to remain silent.
- Ask for an attorney, and get in contact with a Phoenix drug sale lawyer as soon as possible.
- Do not share information about the case with your friends, family, or anyone else without consulting a lawyer.
- Try to remember as much as you can about what happened before and during the arrest, writing it down for later reference if possible.
Taking these simple steps during an arrest may make a big difference when it comes time to build your defense. If you have any questions, or if you need help after an arrest for drug sales in Phoenix, speak with one of our experienced and dedicated Phoenix criminal defense lawyers today at 1-888-929-5292. We will work hard to defend your rights, build a strong defense, and get the best possible outcome in your drug sales case.
If you would like more information about what to do during and after an arrest in Arizona, don’t forget to request a FREE copy of our informative book Arizona Criminal Law – What You Must Know.
A bond has been set in a criminal case and people assume that they should go visit a bail bondsman to post the bail, right? Well, not necessarily. I always advise people to post the bail themselves if they have the money. One should only go through a bail bondsman if they do not have the cash to post the bond and need to use collateral (such as a home or car) as security for the bond. Here in Arizona, bail bondsman typically charge 10% of the bond amount as their fee. The bail bondsman then requires that you pay them the full bond amount or put up collateral worth the full bond amount is security for the bond. For example, if the bond set by the court is $50,000 then one would have to come up with $5,000 as a non-refundable fee to the bail bondsman and then give them another $50,000 or property worth $50,000 to hold onto in order to have them go down to the jail and post the bond. One could post it themselves at the jail and not have to pay the 10% fee. One should only use a bail bondsman if they do not have the cash to post the full bond and must use collateral as security for the bond.
If you have been arrested for selling oxycodone in Phoenix or for intent to sell, you could be facing a felony sentence if you are convicted. The State of Arizona treats the sale of prescription narcotics very seriously, and you can expect jail time, steep fines, mandatory drug treatment, and community service hours.
Facing felony drug charges in Phoenix is no laughing matter, and it is in your best interest to meet with an experienced Phoenix drug crime lawyer who can work with you to build a strong case in your defense. We can meet with you in a no-pressure legal consultation to talk about your situation, explain the charges against you, discuss your options, and prepare your case for trial. In many cases, working with a skilled Phoenix criminal defense lawyer can result in reduced penalties, and it may even be possible to have your case dismissed entirely.
What Should I Know About Oxycodone and Arizona Law?
In Arizona, getting caught selling oxycodone without a valid license generally results in an arrest and felony drug charges. It is against the law to possess oxycodone without a prescription. Even if you are self-medicating for a legitimate health condition or giving oxycodone to loved ones who have legitimate health conditions, you can be arrested and convicted.
Even if you were caught possessing oxycodone for personal use without a prescription, you can still be charged with intent to sell depending on the amount of the drug you were found with. And the charges get even more serious when it is determined that you possess oxycodone for sale in Arizona.
If you have been arrested for selling oxycodone in Chandler, Mesa, Phoenix, or the surrounding areas, contact an experienced Phoenix drug lawyer as soon as possible for help. Our Phoenix oxycodone lawyers are available 7 days a week at 1-888-929-5292, or you can reach us anytime through our confidential online contact form.
For more information about what to expect after you are arrested in Arizona, please also request your FREE copy of our informative book Arizona Criminal Law – What You Must Know.
Undercover police officers are often used to investigate narcotic drug crimes in Arizona. If you sold drugs to a cop in Phoenix, you are probably facing serious penalties and a felony record. Because every drug offense case is different, your next step should be to get in contact with a Phoenix drug sale lawyer to protect your rights and start working on your defense. In general, though, here are a few things you need to know.
Undercover Agents and Felony Drug Charges in Phoenix
When police use undercover officers to investigate drug deals, they are usually interested in arresting or detaining as many of the people involved as possible. They are often looking for anyone who has visited the place where the drugs were sold or who has been involved with the person arrested. Upon arrest, officers will likely ask a lot of questions looking for more information about other people or other drug activity.
Can I Be Arrested for Sales if No Money Was Involved?
Many people don’t realize it, but you can be arrested for selling drugs even if no money was exchanged. Arizona law allows for a charge of drug sales if drugs were exchanged for “anything of value or advantage, present or prospective.” This means that if, in exchange for a promise to do some remodeling work on your house, you gave an undercover cop morphine in Phoenix, you could be arrested for selling drugs – even though no money was involved and the promised work was not delivered.
What Should I Do if I Have Been Arrested for Selling Drugs in Phoenix?
If you have been arrested for selling morphine or other drugs in Phoenix, the most important step you can take is to contact an experienced Phoenix drug sale lawyer as soon as possible. The Phoenix criminal defense lawyers with Curry, Pearson & Wooten have many years of experience with cases of drug sales in Maricopa County, and we would be happy to put that knowledge and skill to work for you and your family. Speak with us today at 1-888-929-5292 for a free and confidential case evaluation.
Facing felony drug charges in Arizona can be terrifying, especially if you don’t know what to expect. For more helpful information about criminal offenses and Arizona law, request a free copy of our informative book Arizona Criminal Law – What You Must Know.
Marijuana transport and production are sentenced according to the marijuana trafficking guidelines under Arizona law. In general, this will mean a felony on your record if you are convicted. You may also face steep fines, drug rehab that you must pay for, and jail or prison time.
In some cases, however, you may be able to work with a Phoenix marijuana lawyer in order to have that felony charge reduced or even thrown out entirely. This will depend very much on the other factors in your case, and you should contact an attorney with any specific questions about your case.
In general, for the production of marijuana, you may be charged with:
- A class 5 felony for less than 2 pounds of marijuana
- A class 4 felony for 2 to 4 pounds of marijuana
- A class 3 felony for 4 or more pounds of marijuana
In general, for transporting or importing marijuana in Arizona, you may be charged with:
- A class 3 felony for transporting or importing less than 2 pounds of marijuana
- A class 2 felony for transporting or importing more than 2 pounds of marijuana
If you have been arrested for marijuana trafficking in Arizona, contact one of our experienced Phoenix drug offense attorneys today at 1-888-929-5292. We will help you understand what your charges mean and answer your questions clearly and honestly. You can trust us to defend your rights, explain what happens next, and always fight hard for the best outcome in your Phoenix marijuana case.
If you would like more information about how a Phoenix marijuana lawyer can help and what to expect from your ongoing Arizona criminal case, request your FREE copy of our informative book Arizona Criminal Law – What You Must Know.
If you have been arrested for transporting marijuana in Phoenix, you probably have a lot of questions that only a Phoenix drug lawyer who is familiar with your case can answer. However, here are some of the basics to help you start making sense of what you could be facing.
What is Transport of Marijuana?
“Transporting marijuana” means smuggling or taking marijuana from one place to another. There is a common misconception that this only means in a car, but it can be in a car, in a truck, on an airplane, on foot, by boat, by bike, or even on horseback. In one interesting case, a catapult was even used to transfer marijuana over the Arizona border.
Arizona states that it is illegal for any person to knowingly “transport for sale, import into this state or offer to transport for sale or import into this state, sell, transfer or offer to sell or transfer marijuana.”
What Are the Penalties?
If you are caught transporting marijuana in Arizona, how you are charged will depend on how much marijuana you were found with. Less than 2 pounds transported into Arizona is charged as a class 3 felony, and transporting more than 2 pounds is a class 2 felony.
If you are convicted of transporting marijuana, you will face steep fines in addition to the felony record and prison time. The minimum fine for a marijuana conviction is $750. Depending on the total value of the marijuana you were caught transporting, your fine could be as much as $150,000.
How Can a Phoenix Marijuana Lawyer Help?
An experienced Phoenix marijuana lawyer can help evaluate the evidence in your case and work to build a strong case in your defense. Having strong legal counsel on your side means that you have the best chance for reducing the charges against you, reducing the penalties you suffer, or even having the charges dropped.
The Phoenix drug lawyers with Curry, Pearson & Wooten would be happy to speak with you or your loved ones after you have been arrested for transporting marijuana in Phoenix or the surrounding areas. Give us a call today at 1-888-929-5292 or fill out the contact form on this page for assistance. We would also like to offer you a completely FREE copy of our helpful book Arizona Criminal Law – What You Must Know.
Under Arizona law, meth is considered a “dangerous drug.” The drugs included under the classification of “dangerous drug” in Arizona include, but are not limited to:
- Methamphetamine (“meth” or “crystal meth”)
- LSD (“acid”)
- Hallucinogenic mushrooms
- Lorazepam (Ativan)
- Anabolic Steroids
- Clonazepam (Klonopin)
Dangerous drug crimes come with their own sentencing guidelines, and even possession is charged as a felony. If you have previous convictions on your record or you are charged with selling or manufacturing meth, the penalties can be even steeper. A Phoenix drug crime lawyer can help you build a strong defense, and potentially reduce the penalties you suffer or have your case thrown out altogether.
The outcome of your Phoenix meth arrest depends on many factors, including your previous conviction history, if there was a weapon involved, if it is determined that you intended to sell or distribute, the strength of the evidence in the case, etc. An experienced Phoenix drug lawyer is ready to help you sort through your options at 1-888-929-5292. Just give us a call or use our online contact form to get answers to your questions. We would be happy to meet with you in a completely FREE, no-pressure consultation to talk about your situation.
For more information about who we are and what we do, request your completely FREE copy of our informative book Arizona Criminal Law – What You Must Know.
The meth laws in Arizona are very severe, and the current trend is for meth laws to only become more severe over time. If you have been arrested for storing meth in Phoenix, it is extremely important that you speak with a Phoenix meth lawyer as soon as possible.
Meth Is Classified as a “Dangerous Drug”
Meth is considered a “dangerous drug” in Arizona, and it comes with strict mandatory sentencing rules if you are convicted. Because of this classification, you could be facing felony charges for possession of even a small amount of meth. If you are caught with a large amount of meth, especially if it’s determined that you had the intent to sell or distribute, then you could be facing many years in prison.
However, working with an experienced Phoenix meth lawyer gives you the chance to build a strong case in your defense. With the help of skilled legal counsel, you may be able to reduce the penalties you suffer for possessing or storing meth. It may be possible to receive probation and drug counseling instead of prison time.
How to Get Help
The Phoenix drug lawyers with Curry, Pearson & Wooten have many years of experience in the courtroom. We will aggressively defend your rights while keeping you informed through each step of the process, and we will work hard to get the best possible outcome in your case. Our meth lawyers in Phoenix are available to speak with you in a FREE consultation at 1-888-929-5292, or you can reach us through the confidential contact form on this page.
Don’t let a drug arrest ruin your life. Call today for real help from experienced Phoenix attorneys.
For more information about what to do after an arrest in Arizona, don’t forget to also order your FREE copy of our must-read book Arizona Criminal Law – What You Must Know. This helpful guide explains more about Arizona criminal law and how it may affect you and your family.
If your loved one has been arrested in Phoenix, you may find it necessary to work with a bail bondsman in order to pay bail and get your loved one out of jail. Unfortunately, there are a lot of shady bail bondsmen out there who try to take advantage of defendants and their family members after an arrest. A Phoenix criminal attorney can refer you to a reputable bail agent who is known to be professional and responsible. However, it is still important that you know that, under Arizona law, a bondsman or bail recovery agent cannot:
- Enter your home without your consent if you are home
- Wear a uniform or badge that implies that he or she works as a state agent, federal agent, or a member of law enforcement
- Offer services in or around a jail or courthouse
- Force you to hire a particular Phoenix criminal attorney
So, for example, if you are approached by someone who claims to be a bail agent while you are at the jail or the courthouse following an arrest, you should consider it a serious “red flag” and look elsewhere for a reputable and professional bond agent.
If you have any questions about choosing a Phoenix bail bondsman, or if you need help after a loved one has been arrested in Phoenix, speak with an experienced Phoenix criminal defense attorney today at 1-888-929-5292. We also recommend you request a FREE copy of our informative guide Arizona Criminal Law – What You Must Know. We look forward to working with you to defend your loved one’s rights.
You get the call in the middle of the night – your family member or loved one has been arrested in Phoenix. In order to get your loved one out of jail, you’ll need to come up with a way to pay bail, but you just don’t have that kind of money. That’s where a bail bondsman and a Phoenix criminal attorney come in.
What Does a Bail Bondsman Do?
If your loved one is given the opportunity to be released on bail, you have the option of either paying in cash or hiring a bail bondsman. The bail agent can help you post bail for your loved one by working with a surety company, meaning you will pay a percentage of the total amount through your bail agent and the company will take care of the bail bond. As long as your loved one shows up to court, then all is well. If your loved one does not show up for court, the surety company must forfeit the entire bail amount to the court, but gains the ability to recoup its losses by apprehending your loved one – usually via a bounty hunter who works with the company.
How Can I Choose the Right Bail Bondsman?
Unfortunately, it’s not as easy as just choosing any bail bondsman in the phonebook. There are a lot of shady bail agents out there who are looking to take advantage of people in a sticky situation. They know you are worried and just want to get your loved one out of jail as soon as possible, and they may try to use illegal tactics to part you from your cash.
If you find yourself in need of a bail bondsman in Phoenix, an experienced Phoenix criminal attorney is a great place to start. We would be more than happy to help you find a professional and reputable bail bondsman who can carry out his or her duties responsibly.
For help finding a reputable bond agent in Phoenix, give the Phoenix criminal lawyers with Curry, Pearson & Wooten a call today at 1-888-929-5292. We would also be happy to meet with you in a completely free, no-pressure consultation to talk about your situation, explain the next steps, and start building a strong case in your loved one’s defense.
Feel free to call us with any questions. You may also find it helpful to look through your FREE copy of our important book Arizona Criminal Law – What You Must Know, which you can receive by calling us today or filling out our quick online contact form. We look forward to working with you to defend your rights.
As marijuana legislation begins to change all over the nation, many people are under the mistaken belief that drug offenses will be handled more lightly by law enforcement. If you have been arrested for a marijuana crime in Phoenix, you may even be surprised to find out you are now facing felony drug charges. The truth is that the drug laws in Arizona remain very strict, and the punishments that come along with a marijuana conviction can be unforgiving.
Although many people are under the impression that marijuana is “no big deal,” realize that you could be charged with a felony for:
- Possession of marijuana
- Possession of marijuana for sale
- Production of marijuana
- Transport or import of marijuana
We are experienced Phoenix drug offense attorneys, and we offer a FREE legal consultation to answer your questions and explain your rights. If you would like to learn more about who we are and what we do, we would be happy to send you a complimentary copy of our FREE book Arizona Criminal Law – What You Must Know.
After an arrest in Phoenix, it can be difficult to know what to do or how to handle the financial stress of posting bail for a loved one. As Phoenix criminal lawyers, we have frequently seen the families of our clients taken in by shady bail agents on the night of an arrest, and we’d like to offer some pointers for choosing a bail bondsman you can trust. Here are a few things to look into when choosing a bail bondsman in Arizona:
- Look for someone who is available on nights and weekends.
- Check up on his or her state licensing.
- Ask about the bail process and make sure he or she can answer your questions knowledgeably.
- Ask about your options for payment and make sure they seem reasonable.
If you need help choosing a bail agent in Phoenix after a friend or family member has been arrested, our Phoenix criminal lawyers would be more than happy to help you find a bondsman in your area who is likely to be honest and reliable. Just give as a call at 1-888-929-5292 today with any questions, and let us get to work for you. We are also available for initial appearances, and we are often able to get the bail amount reduced or have your loved one released without posting bail.
Arizona drug laws cover the possession of many types of illegal drugs, including marijuana, crystal meth, heroin, morphine, prescription drugs, cocaine, and others. If you are found to be in possession of any of these drugs, you could be facing felony drug charges in Phoenix. In fact, as experienced Phoenix drug offense attorneys, we can tell you that most possession charges in Phoenix are felony charges, and previous drug convictions on your record could mean a serious increase in the penalties you suffer for the new charges. For some serious drug offenses, you could even be facing life in prison. And don’t expect to be treated with a “slap on the wrist” as a first-time drug offender in Arizona, either.
In your Arizona drug possession case, you can expect a difference in your expected sentence depending on:
- The type of drug you were caught with
- The amount of the drug you were caught with
- If you have any previous convictions
- If you have additional charges with the possession charges
If you have been arrested for possession of an illegal drug in Phoenix, it is worth at least speaking with a skilled Phoenix criminal lawyer as soon as possible after your arrest. A felony conviction can severely limit your opportunities in the future, and it is worth taking seriously. We can help explain your rights and help you navigate the court process while building a strong case in your defense.
When you get the dreaded call that a friend or loved one has been arrested in Phoenix, you aren’t thinking about anything except getting that person out of jail and back home. It’s usually an emotional and vulnerable time for you, as you try to figure out what happens next. Unfortunately, there are people out there who will try to take advantage of you in this trying time. As experienced Phoenix criminal lawyers, we have unfortunately seen many of our clients and their families taken in by unscrupulous bail agents shortly after an arrest.
What Makes a Phoenix Bail Agent “Shady?”
Shady bail agents are those who seek to take advantage of you when you are under stress and in a hurry to get everything taken care of. Although there are many ways to check into a bail bondsman’s history and reliability, most people don’t have time to do this research while a loved one is waiting in jail in the middle of the night. Not every bail bondsman is out to scam you, but, as a general rule, you should be wary of any bail agent who:
- Contacts you at the jail. Shady agents know that you are most vulnerable in the panic shortly after the arrest. If a bail bondsman approaches you at the jail, make sure you fully understand what you are getting into before accepting his or her services.
- Offers “cheap bail.” If a bail agent seems to be offering you a much lower rate than other agents, be suspicious. Most of the time there is some “fine print” that you’re missing – or it could be outright fraud.
How Can I Choose a Reputable Bail Bondsman?
One of the easiest ways to choose a reputable bail bondsman is to contact a criminal defense lawyer whom you trust. We can help in referring you to reputable bail bondsmen in your area, and we can explain more about what needs to happen next and what to expect.
If you’re not sure about hiring a defense lawyer, we’d be happy to speak with you in a FREE consultation to talk about how we can help. Many times, a skilled Phoenix criminal defense attorney can get the bail amount reduced or even convince the judge that your loved one should be released on his or her own recognizance without the need to pay bail.
Like many other states, Arizona has laws in place that specifically cover drive-by shootings. Although a drive-by shooting is technically very similar to other offenses, such as unlawful discharge of a firearm, it is handled very severely under Arizona law because it is considered a gang-related crime. In fact, drive-by shooting is considered a class-2 felony, which means that it comes with a minimum sentence of 7 years in prison.
What Is a “Drive-By Shooting” in Arizona?
Arizona law defines a drive-by shooting as “intentionally discharging a weapon from a motor vehicle at a person, another occupied motor vehicle or an occupied structure.” Although this is a fairly broad definition, the key difference from other, similar weapons offenses is that it involves a vehicle. If a person is injured in the drive-by shooting, then there will likely be separate charges of aggravated assault, which carries its own mandatory sentencing rules.
What Should I Do if I’ve Been Arrested for a Drive-By Shooting in Phoenix?
As you can see, a charge of drive-by shooting can become very serious, especially when it is complicated by other charges, such as assault or drug charges. If you have a history of previous felony convictions, then the penalties you suffer can increase exponentially.
If you have been arrested for a drive-by shooting, it is imperative that you at least speak with an experienced Phoenix criminal defense attorney as soon as possible. A conviction for a drive-by shooting comes with serious penalties and mandatory jail time, as well as the loss of your driver’s license. A skilled Arizona criminal defense lawyer will fight to make sure your rights are protected, keep you informed of what is happening each step of the way, and can work to help you reduce penalties or even avoid conviction altogether.
Speak with us today at 1-888-929-5292, and we will make sure that you are connected with a skilled Phoenix criminal lawyer who can help. We also encourage you to take a look at our important book regarding your rights: Arizona Criminal Law – What You Must Know.
Although in day-to-day conversation you may use the words robbery, theft, and burglary to mean the same thing, these words actually have very different legal meanings in Arizona and cannot be used interchangeably in the courtroom. If you or a family member has been arrested for theft in Arizona, you may have a lot of questions about what these different charges mean. As Tempe criminal lawyers, we’d like to lend a hand in clarifying these three criminal offenses and help you understand the differences between them.
Burglary in Arizona:
According to the Arizona Revised Statues, burglary is basically “entering or remaining unlawfully” on a property “with the intent to commit any theft or any felony therein.” This can cover a fairly wide spectrum, from entering a commercial parking lot to actually entering a residential home with the intent to steal items within.
Robbery in Arizona:
The Arizona Revised Statutes state that:
“A person commits robbery if in the course of taking any property of another from his person or immediate presence and against his will, such person threatens or uses force against any person with intent either to coerce surrender of property or to prevent resistance to such person taking or retaining property.”
So, essentially, robbery is the use of threats or violence to attempt to steal from another person. It is different from burglary because intimidation or force must be used, and the victim is present at the time.
Theft in Arizona:
Theft is basically defined as unlawfully taking property that doesn’t belong to you. This may come in many forms, including stealing physical items, taking advantage of a “vulnerable adult” while you are in a position of authority, or may apply to intellectual property. While burglary or robbery involves the intent of theft, both possess different nuances and actions by legal definition.
If you have been arrested for theft, robbery, or burglary in Tempe, you could be facing very serious punishment depending on your circumstances and whether a weapon or threat was used. Don’t wait until it’s too late to consult with a skilled Arizona robbery lawyer and experienced Tempe criminal lawyer who can help protect your rights and work toward the best outcome in your specific situation. Give us a call today at 1-888-929-5292 to speak with someone who can help you get started. If you’d like to learn more about who we are and what we do, please also request your free copy of our highly informative book, Arizona Criminal Law – What You Must Know.
On July 29, 2010, a new Arizona law went into effect that allowed most Arizona residents over the age of 21 to carry a concealed gun without a permit. This makes Arizona one of only 3 states in the US that now allow residents to carry concealed weapons without a permit – at least in areas where open-carry is allowed. Previously, Arizona required anyone who wanted to carry a concealed weapon to obtain a permit, which included a requirement that you complete an approved training course covering gun safety, gun use, and education on Arizona’s gun laws.
Although many see the change as a restoration of their Second Amendment rights, an unfortunate effect of this legislation is that many new gun owners are now forgoing gun training courses entirely. This, of course, raises a certain concern about gun safety in the hands of an inexperienced user. However, as Gilbert criminal defense attorneys, we’ve also seen a more subtle effect of the lack of training courses—clients who did not receive education about Arizona gun laws and did not know they were committing a crime. Additionally, we’ve seen many who were unaware that the change in concealed-carry law also put stiffer criminal penalties in place for committing a crime while carrying a concealed weapon.
As a Gilbert resident, what do I need to know about the new Arizona concealed-carry law?
- Although you do not need a permit to carry a concealed weapon in areas where open carry is allowed, you will need a permit to carry a concealed weapon into bars and restaurants.
- You may still need a permit to be allowed to carry a concealed gun in another state. However, more training courses are now allowed for the purpose of obtaining a permit.
- You are required to tell any police officer who asks that you are carrying a concealed weapon.
- The police have the ability to confiscate your gun temporarily if you are stopped. For example, the officer may take your concealed weapon for the duration of the stop if you are pulled over for a DUI in Gilbert.
- Stiffer criminal laws for concealed weapons mean that carrying a concealed weapon while committing another crime could result in a felony charge.
If you have been arrested for a concealed weapon in Gilbert, or if a concealed-weapons charge has complicated your criminal case, speak with one of our highly qualified Arizona criminal lawyers today at 1-888-929-5292 for answers to your questions and practical advice for your situation. We also encourage you to read our FREE book, Arizona Criminal Law – What You Must Know.
As of January 1, 2012, Arizona’s DUI laws have changed. For DUI offenses committed after January 1, 2012, the following changes are now in effect:
- A person charged with a first offense regular DUI (non-extreme) is no longer entitled to a jury trial.
- Jurisdictions with Continuous Alcohol Monitoring Programs can allow home detention after serving 20% of the initial term of incarceration.
- Work release from jail increased to 6 days a week, 12 hours per day.
- MVD can suspend a person’s license under Arizona implied consent laws if test results show the presence of a prohibited drug or its metabolite and person does not possess a valid prescription for the drug (previously the law only allowed a suspension under the Implied Consent Law for alcohol where the person’s BAC was over a .08 or refusals).
- Some license suspensions and revocations related to a DUI case may allow for a Special Ignition Interlock Restricted Drivers License.
Some courts are even applying these new sentencing provisions to cases where the offense occurred before January 1, 2012, but the cases were not resolved until after that date! It’s important to discuss these matters with an experienced Phoenix DUI attorney. The attorneys at Curry, Pearson & Wooten will be glad to speak with you about your situation. For more information, call 602-258-1000 or toll free at 1-888-9AZLAWCOM (888-929-5292).
It’s sometimes easy to forget that Arizona probation is serious. Even though you are not physically imprisoned, you still have certain terms you must adhere to in order to complete probation successfully. If you have been put on probation after a criminal conviction in Arizona, keep in mind that violating any of the terms of your probation or failing to attend required meetings or treatment programs can mean that you will go immediately to jail. As Arizona criminal defense attorneys, we’d like to offer a few tips for making it through probation successfully and regaining your freedom:
- Don’t commit another crime.
- Do not use alcohol or drugs.
- Attend all required meetings and hearings.
- Do not leave the state or move to a new address without talking to your probation officer first.
- Complete all ordered counseling, treatment programs, and community service.
- Communicate with your probation officer if you are having trouble paying your treatment bills or fines.
- Understand and adhere to employment requirements.
Ultimately, you must make sure you understand and follow the terms of your probation agreement to avoid further penalties. If you have any questions about your conviction or probation, speak with one of our qualified Tempe criminal lawyers today at 1-888-929-5292, or use the confidential contact form on this page.
Not all Arizona probation is the same. In fact, the Arizona system really attempts to tailor probation agreements to the needs of each offender and the type of crime the guilty party has been convicted of. Each probation agreement will set out certain guidelines you must follow and activities you must complete in order to be successful, but probation supervision in Arizona can be broken down into 3 general categories:
- Intensive Probation. Generally reserved for serious offenses, repeat offenders, and probation violators, intensive probation means that you will be very strictly monitored during your probation period. You may be reporting to your probation officer several times each day, and you may also receive frequent, unannounced visits from your probation officer to check in on you. You must take intensive probation in Arizona seriously. Any violation of the terms is extremely likely to land you in prison.
- Supervised Probation. This is what most people think of when they think about probation, and it is probably the most common type. With supervised probation in Arizona, you will report to your probation officer on a set schedule as part of your probation agreement. You will also, of course, have to adhere to any other terms set forth in your probation agreement, which may include counseling, community service, fines, etc.
- Unsupervised Probation. In unsupervised visitation, you will not need to report to a probation officer; although, you will need to be sure you are sticking to the terms of your probation agreement in order to avoid penalties for a probation violation in Arizona.
If you have questions about probation, or if you need help after you have been arrested in Maricopa County, don’t hesitate to speak with one of our skilled Arizona criminal defense attorneys today at 1-888-929-5292. You may also find it extremely helpful to take a look at our book, Arizona Criminal Law – What You Must Know. An experienced Arizona criminal defense lawyer can protect your rights and help you build a strong case to reduce penalties or avoid conviction altogether.
Have you ever been pulled over in a traffic stop and asked to perform sobriety tests even though you hadn’t had a drop to drink? Officers rely on a lot of subjective information to find drunk drivers, and one of the main things they watch for is driving behavior. Here are some examples of suspicious driving behavior that may indicate someone driving under the influence in Arizona:
- Weaving in and out of lanes
- Driving on the center line
- Driving well below the speed limit
- Hitting or nearly hitting another vehicle or object
- Drifting into the shoulder or median
- Following too closely
- Running red lights or stopping at green lights
In fact, just about any out-of-the-ordinary or erratic driving behavior could cause an officer to pull you over for a potential DUI.
If you need help after a Tempe DUI arrest, speak with one of our experienced Tempe DUI lawyers today at 1-888-929-5292. We can help you protect your rights and reduce your penalties after being arrested for drunk driving in Arizona. We also offer our helpful book, DUI’s in Arizona – What You Must Know, to Arizona residents. Request your free copy today!
Have you ever been pulled over for a DUI in Arizona or asked to complete a field sobriety test when you were completely sober? As Tempe DUI lawyers, we do occasionally have people ask why they were pulled over or what they did to make an officer suspect they’d been drinking. Although being pulled over for potential drunk driving rarely results in more than just an inconvenience for a sober driver, there have been cases in history where a sober driver was mistakenly arrested for a DUI even though he or she had not had a drop to drink!
Part of the reason for this is that Arizona police officers must rely on some subjective factors when deciding if you’ve been drinking and driving. If you’ve ever been pulled over for potential drunk driving, whether you were drinking or not, the officer involved will try to evaluate your intoxication a few ways:
- Before an officer pulls you over, he or she will look for any erratic driving behavior that might indicate you are driving under the influence in Arizona, such as weaving in and out of the lane, speeding, running a red light, etc.
- Once you have been pulled over, or if you are at the scene of an accident, the officer will look for physical signs of intoxication, such as slurred speech, the smell of alcohol, blood shot eyes, etc.
- While initially speaking with you, the officer will look for any lack of coordination or confusion while you search for your license and registration, or even as you get out of your vehicle.
- During field sobriety testing, the officer will continue to assess the physical signs of drunkenness with certain tests, such as walking a straight line.
- Finally, you may be asked to perform a blood test or breathalyzer test to attempt to gauge your blood alcohol level and be placed under arrest for DUI.
There are many factors that influence an officer’s decision to arrest you for DUI in Tempe or affect the results of field testing. If you have been arrested for drunk driving in Tempe, don’t wait to speak with one of our experienced Tempe criminal defense lawyers today at 1-888-929-5292. We look forward to meeting with you and discussing your specific DUI arrest, your rights, and your options. Also, don’t forget to request your free copy of our must-read book, DUI’s in Arizona – What You Must Know.
While serving your probation period, you will be held to a certain set of rules and conditions set forth in your probation agreement. What counts as an Arizona probation violation is very dependent on the type of offense, the terms of your probation agreement(s), the type of violation, and your needs for treatment.
If you violated probation, you could end up serving time in jail, paying additional fines, or seeing a longer and more intensive probation agreement put into place. As Tempe criminal lawyers, we can tell you that it is likely any of the following could constitute a probation violation in Tempe, although it is far from an exhaustive list:
- Committing another crime
- Using illegal drugs
- Failing to appear for court hearings or meetings with the probation officer
- Leaving the state
- Not completing or attending ordered treatment programs
- Failing to pay required fines
Make sure you understand your Arizona probation agreement and what might count as a violation. If you have any questions about probation in Phoenix, speak with one of our experienced Phoenix criminal defense lawyers today, or request your FREE copy of our book, Arizona Criminal Law – What You Must Know.
Probation violations in Arizona usually come with serious penalties. If you violated your probation agreement, even if you didn’t realize what you did was a violation, you may be facing jail time, additional fines, more community service hours, or a longer probation period.
Hiring an experienced Phoenix criminal attorney means that your rights are protected and you are armed with the legal knowledge you need to avoid or reduce these penalties. In many cases, your lawyer can help you explain to the court why you violated probation, which means you may be able to see your original probation agreement reinstated, or you may be able to avoid time in jail with a modification of your probation agreement.
Additionally, an experienced Phoenix criminal lawyer can help you prepare for the probation hearing, gather character references, communicate with the court and the probation officer, and make sure all the details are handled appropriately within required time limits to give you the best chance for the best outcome.
If you have violated probation in Maricopa County, let an experienced Phoenix criminal defense lawyer help you protect your rights and your freedom. Give us a call today at 1-888-929-5292 to speak with someone who can help. Also, take a look at our must-read book, Arizona Criminal Law – What You Must Know.
If you have violated probation in Phoenix, even if you didn’t know what you did was a violation, you could be facing very some serious penalties. Many people forget that probation is not total freedom. What may not seem like a “big deal” at the time can end up creating big problems for you down the road. Keep in mind that probation is very much like a jail sentence served outside of jail, and you MUST follow the conditions of your probation agreement if you want to avoid further punishment.
What Are the Penalties for Violating Probation in Tempe?
Probation in Arizona tends to be tailored to each individual offender’s needs, so what happens after a probation violation is also usually dependent on your personal circumstances. Although Arizona probation is focused on keeping you from re-offending (especially in probation options such as the Drug Court Program), any violation of the terms of your probation are generally taken very seriously, even if the violation seems small to you. Although a probation officer may occasionally choose to give you a “second chance,” you shouldn’t count on it. It is likely that a probation violation in Arizona will get you:
- Immediate jail time
- Higher fines
- Longer probation period
- Additional community service hours
Additionally, if you are in a probation program that allows a felony to be reduced to a misdemeanor, any violation puts that option in jeopardy – meaning you could be stuck with a felony conviction on your record.
Who Can I Talk to after a Probation Violation?
A Tempe probation violation lawyer may be able to help you reduce the penalties after a probation violation in Arizona. Make sure your rights and your future are protected. Give us a call today at 1-888-929-5292 to schedule a completely free legal consultation, and speak with a friendly and experienced Phoenix criminal defense lawyer. We also offer our book, Arizona Criminal Law – What You Must Know, completely free to Arizona residents. Request your copy today and get informed.
Arizona’s “Shannon’s Law,” which pertains to the unlawful discharge of a firearm, was enacted in this state in 2000 after the tragic death of 14-year-old Shannon Smith, who was hit and instantly killed by a stray bullet in Phoenix. Prior to Shannon’s law, just firing a gun into the air in city limits was usually a misdemeanor charge. Since Shannon’s law, anyone who fires a gun in any municipality in Arizona could be charged with a very serious class-6 felony.
Is Unlawful Discharge of a Firearm Always a Felony in Arizona?
Although unlawful discharge of a firearm is a felony offense, it may not always mean a felony conviction. You may be able to strike a plea bargain and end up with a misdemeanor conviction; however, this is fairly rare. Because Shannon’s law was so widely publicized, most of these cases are prosecuted very aggressively –and often as a dangerous offense with mandatory sentencing guidelines. There are some exceptions to Shannon’s law, though, such as if you were using a gun on a supervised shooting range or in a designated hunting area.
What Should I Do if I’ve Been Arrested for Firing a Gun in Phoenix?
If you have been arrested for unlawful discharge of a firearm in Phoenix, it is very important that you speak with an experienced and skilled Arizona criminal defense attorney as soon as possible. The choices you make now and how your case is handled could mean a big difference in the penalties you suffer.
A felony conviction for a dangerous offense in Arizona can severely impact your life and your future options. If you have any questions about your rights or options, speak with one of our experienced Arizona criminal lawyers today at 1-888-929-5292. If you’d like to learn more about who we are and how we can help, take a look at our free book, Arizona Criminal Law – What You Must Know.
If you’ve been convicted of a drug offense in Tempe, then the Arizona Drug Court Program can be a good option for you during probation if you qualify. The program was created to help drug offenders stay clean, and that means addressing education, treatment, and support needs surrounding the complex issue of addiction. The program in Arizona is based on the 10 key components developed by the National Association of Drug Court Professionals, which includes both administrative strategies for the program itself and strategies that directly affect the participant, such as:
- Integrating drug and/or alcohol treatment programs
- Promoting safety while protecting your rights in a non-adversarial environment
- Early identification and placement of drug offenders who qualify
- Access to treatment and rehabilitation resources
- Drug and alcohol testing to promote a drug-free lifestyle
- Ongoing interaction between you and the courts
- Evaluation monitors your progress and the effectiveness of your contract
If you have been convicted of a drug offense in Arizona and have questions about the Maricopa County Drug Court Program, then it would be a good idea to talk with a qualified Tempe criminal lawyer about your specific situation and how to proceed. Give us a call today at 1-888-929-5292 for a FREE legal consultation, and take a moment to request our FREE book, Arizona Criminal Law – What You Must Know.
If you’ve been sentenced for a drug offense in Tempe, you may have the option to complete an Arizona Drug Court Program. The Drug Court Program is a probation program offered to some drug offenders, and it focuses on education, treatment, and keeping you drug-free. You will work with your Arizona criminal defense attorney, treatment counselor, the judge, and others to develop a behavior contract and stick to it. Generally, you will be issued a new contract with each court hearing during the period, and you will need to complete each contract successfully. The program could be a good option for you after an Arizona drug offense, and you should speak with your Tempe criminal lawyer if you have questions about your specific situation.
What Are the Benefits of the Maricopa County Drug Court Program?
Beyond the education, support, and treatment you receive, there are several other benefits to the program, including:
- Saving money. As a drug offender in Arizona, you are required to pay for any mandatory treatment programs ordered by the court. With the Drug Court Program, the court will waive your fines and will pay for your urine drug testing.
- Shorter probation period. If you successfully stick to your behavior contract and complete the Drug Court Program, then you could see a reduction in your probation period.
- Felony to misdemeanor offense. If you successfully complete all contracts in the Drug Court Program, there is a chance that your felony drug conviction could be reduced to a misdemeanor. This means that you will no longer have to worry about the impact that felony conviction could have on your future opportunities.
Who Qualifies for the Adult Probation Drug Court Program?
Generally, you can qualify for the Drug Court Program if:
- You were found guilty of use or possession, and no other charges were involved.
- You do not have a history of violent offenses or behavior.
- You are not on methadone treatment.
- You did not use a “dangerous weapon.”
- You do not have more than one felony on your record.
If you have been convicted of a drug offense in Arizona and have questions about the Maricopa County Drug Court Program, then it would be a good idea to talk with a qualified Tempe criminal lawyer about your specific situation and how to proceed. Give us a call today at 1-888-929-5292 for a FREE legal consultation, and take a moment to request our FREE book, Arizona Criminal Law – What You Must Know.
If you are convicted of a DUI in Arizona, our mandatory sentencing laws mean that you will serve jail time – even if this is the first time you have been charged with drunk driving. Judges are not given the leeway to change these minimum sentences, and the penalties only get stiffer, depending on your blood alcohol content (BAC) and previous convictions. Take a look at the following:
- BAC Below .15: Minimum of 24 hours in jail
- BAC Between .15 and .20: Minimum of 30 days in jail
- BAC Above .20: Minimum of 45 days in jail
- BAC Less than .15: Minimum of 30 days in jail
- BAC Between.15 and .20: 120 days in jail
- BAC Over .20: 180 days in jail
As Tempe DUI lawyers, we can help you figure out the best plan of action after you have been pulled over for drunk driving in Maricopa County. Whether you are an Arizona resident or from out of state, a skilled Arizona criminal defense lawyer can explain your rights and options and fight to get you the best possible outcome. Give us a call today at 1-888-929-5292 to schedule a completely free, no-obligation legal consultation, and also request a FREE copy of our book, DUI’s in Arizona – What You Must Know.
If you have been pulled over for a DUI in Tempe as an Arizona driver, you could be facing some serious penalties, including mandatory treatment classes, an ignition interlock device, and stiff mandatory sentencing laws. There is no doubt that Arizona’s DUI laws are some of the harshest in the nation, but what happens when you’re from outside the state of Arizona?
Although Arizona DUIs come with stiff criminal penalties, the Department of Motor Vehicle’s punishments are comparatively light. However, when you are from out of state, you not only face Arizona’s penalties, but also the penalties from your home state’s DMV. Since Arizona notifies your home state of your DUI conviction, you will potentially face penalties from an Arizona court, the Arizona Department of Motor Vehicles, AND your own state’s DMV.
DUI enforcement is also much stronger in Arizona than it usually is in other states. Many visitors may be unaware of the zeal with which DUI arrests are pursued, especially near the ASU campus and other busy hubs. As a consequence, we see many of non-Arizonans convicted of drunk driving in Tempe.
Because Arizona has mandatory sentencing laws for DUIs, someone visiting from a different state faces some unique challenges. Even a first-time offender could face anywhere from 1 to 45 days in jail depending on the blood alcohol content at the time of arrest. Although local residents are usually able to keep their jobs through work release, an out-of-state visitor convicted of a DUI in Tempe will need to jump through some complex hoops in order to serve the mandatory time. A Tempe DUI lawyer can help you navigate these complexities and may even be able to help you avoid conviction altogether.
If you have been pulled over for an out-of-state DUI in Tempe, a skilled Tempe DUI lawyer can help. Take a look at our FREE book, DUIs in Arizona – What You Must Know, and give us a call at 1-888-929-5292 to meet with us in a completely free legal consultation to talk about your rights and options. The Tempe criminal defense lawyers with Curry, Pearson & Wooten look forward to speaking with you.
As Phoenix criminal defense attorneys, it’s a question we often hear: “how did this get so complicated?!” Most domestic violence accusations come with complex emotional, legal, and practical concerns. For those who have been arrested for domestic assault or domestic violence, the legal situation can become even more serious than a non-domestic violence offense and comes with harsh punishments:
- The police can arrest you for domestic violence, even if they did not see the alleged crime in action.
- If a weapon was present, you could face more serious felony charges.
- You could be looking at supervised probation or jail time, and you will need to pay for and complete a treatment program.
- If you’ve been convicted of domestic violence in the past, your punishment for any future offenses could increase exponentially.
- If the victim was pregnant, your sentence could be increased.
- You may be ordered to stay away from the victim, your children, or your shared home.
Do you see now how quickly these kinds of cases can get out of hand? If you have been arrested for domestic violence in Arizona, contact one of our experienced Phoenix criminal defense lawyers today at 1-888-929-5292. We look forward to answering your questions and addressing your concerns. If you’d like to learn more about your rights and how we can help, request your free copy of our book, Arizona Criminal Law – What You Must Know.
If you have been arrested for domestic violence or domestic assault in Tempe, there’s a good chance that the situation is complicated and emotional. Dealing with accusations from family members can be very difficult, and your legal situation could become very serious. Although you may be tempted to handle these kinds of issues “within the family,” an experienced Tempe criminal lawyer can help you navigate complications and protect your rights.
Here are a few reasons you might want to give us a call after a domestic violence arrest in Tempe:
- You may be forbidden to contact the victim at all or return to your home.
- Your relationship with other family members can suffer, and your child custody rights may be at risk.
- Domestic violence cases tend to be prosecuted much more aggressively than other cases, come with harsh punishments, and any future offenses could be punished much more harshly.
- An Arizona domestic violence charge could mean a felony conviction that you will need to report on all of your future employment applications.
If you have been arrested in Tempe for domestic violence, speak with a skilled Tempe criminal lawyer who can protect your rights, provide sound legal counsel, and treat you with respect and care. Give us a call at 1-888-929-5292 today to schedule a completely free legal consultation to address your questions and concerns.
If you’d like to learn more about the Phoenix criminal defense attorneys with Curry, Pearson & Wooten and how we can help, request a FREE copy of our book, Arizona Criminal Law – What You Must Know.
Arizona domestic violence laws cover a wide range of familial relationships. It comes as a surprise to many people, but domestic violence laws cover more than just husband and wives. If you were arrested in Tempe and a family member was involved, even if no one was injured or threatened, you may be surprised to see that you were charged with domestic violence.
Phoenix domestic violence laws cover both legal and “blood” relationships, including:
- Someone you are married to or were previously married to
- Someone who you are living with or have previously lived with
- Anyone you have had a child with
- Anyone you are expecting a child with
- Any parent, grandparent, child, grandchild, brother, sister, parent-in-law, grandparent-in-law, step-parent, step-grandparent, step-child, step-grandchild, brother-in-law, or sister-in-law
- Any child who is living with you or has lived with you
- Any child who is related by blood to someone some you lived with or were married to
- Anyone with whom you are in a romantic/sexual relationship
It is important to note that if a romantic relationship is in question, the court will attempt to decide where it falls. The court will take a close look at the type of relationship you had with the person, the length of that relationship, the frequency of contact the two of you shared, and how long ago you broke up.
A domestic violence conviction carries a serious stigma and could negatively affect your life and your future. If you have been arrested in Tempe for domestic violence, it is crucial that you speak with a skilled Tempe criminal lawyer who can protect your rights, provide sound legal counsel, and treat you with respect and care. Give us a call at 1-888-929-5292 today to schedule a completely free legal consultation to address your questions and concerns.
If you’d like to learn more about the Phoenix criminal defense attorneys with Curry, Pearson & Wooten and how we can help, request a FREE copy of our must-read book, Arizona Criminal Law – What You Must Know.
Although domestic violence cases are more and more common in Arizona, these cases are rarely easy. Accusations of domestic violence could have serious legal consequences, even if it was a misunderstanding or police did not witness you committing the crime. There could be serious emotional repercussions, too, as it could affect your relationship with family members and your child custody rights.
What is Domestic Violence in Arizona?
In Phoenix, the term “domestic violence” refers to certain crimes against family members, such as:
- Criminal Damage
- Disorderly Conduct
These laws cover just about any kind of familial relationship, including both legal ties and blood ties.
Why Was I Arrested for Domestic Violence in Phoenix?
Police who respond to a domestic violence call are required to make some fast judgment calls when they arrive. Arizona law allows you to be arrested without a warrant for domestic violence, and the officer does not even have to see the alleged crime happen. As long as an officer feels he or she has probable cause to believe you committed the act, he or she can take you in.
What Can I Do if I’ve Been Arrested for Domestic Violence in Phoenix?
If you are arrested for Phoenix domestic violence, it’s important that you act quickly and learn about your rights. Domestic violence has the potential to turn into a serious felony charge, especially if any weapons were present, and you will need experienced help.
A domestic violence conviction carries a serious stigma and could negatively affect your life and your future. If you have been arrested in Tempe for domestic violence, it is crucial that you speak with a skilled Tempe criminal lawyer who can protect your rights, provide sound legal counsel, and treat you with respect and care. Give us a call at 1-888-929-5292 today to schedule a completely free legal consultation to address your questions and concerns.
If you’d like to learn more about the Phoenix criminal defense attorneys with Curry, Pearson & Wooten and how we can help, request a FREE copy of our must-read book, Arizona Criminal Law – What You Must Know.
As Tempe criminal lawyers, we believe the best way to understand police entrapment in Arizona is to look at a few examples. Although the line between entrapment and actual guilt can be very thin, seeing examples can help you better understand your real-life situation and rights.
Examples of potential police entrapment include:
- While you are waiting for your designated driver after a night out drinking, he gets into a fight. When police get involved, they order you to get into your vehicle and leave the scene. They then arrest you for a Tempe DUI.
- An undercover officer knows you used to use drugs, and she asks you to obtain methamphetamine for her. You refuse, but she continues to pressure you to do so. When you finally break down and find meth for her, you’re arrested for a drug offense.
- Undercover police agents offer to sell you underage pornography. Although you decline, they continue to send you offers and use different tactics to get you to buy. You eventually give in, and they arrest you for child pornography.
In each of these cases, your specific circumstances will figure highly in how possible it will be to prove entrapment. For example, if you feel you were pressured into selling drugs, it would be important to show that no drugs were found in your home, and you have attended rehab in the past. Entrapment defenses can be extremely subjective, and it’s crucial to have a skilled Tempe criminal lawyer on your side to protect your rights. Give us a call today at 1-888-929-5292 to schedule a free, no-obligation legal consultation and request your FREE copy of our book, Arizona Criminal Law – What You Must Know.
As Tempe criminal lawyers, we deal with issues of police entrapment most often when it comes to drug offenses, sex crimes, and DUIs in Tempe. Depending on your circumstances, an entrapment defense may be appropriate; however, many people are either unaware of the laws governing entrapment or misunderstand them.
What is Police Entrapment in Arizona?
When an officer causes you to commit a crime that you would not otherwise have committed, it is called entrapment. Entrapment may be a fairly simple idea, but it can be very difficult to prove. For an entrapment defense in Tempe, the Arizona Revised Statutes specifically state that it is up to the defense to prove that:
- The idea of committing the offense started with law enforcement officers or their agents rather than with the person.
- The law enforcement officers or their agents urged and induced the person to commit the offense.
- The person was not predisposed to commit the type of offense charged before the law enforcement officers or their agents urged and induced the person to commit the offense.
Is It Entrapment Anytime an Officer Initiates a Crime?
This is where most of the misunderstanding and confusion about entrapment starts. A police officer can initiate the crime while on duty, and it might not be considered entrapment. For example, if an undercover officer approaches a suspected drug dealer, asks to buy marijuana, and the dealer provides it, that is probably not entrapment. If an officer repeatedly harasses a person to find drugs, and that person eventually relents, then it could be considered entrapment. The most important thing to understand about police entrapment is that you must prove you were not predisposed to commit the crime.
How Can I Prove Entrapment?
If you believe police pressured you into committing a crime, we strongly recommend you speak with an experienced Tempe criminal defense attorney as soon as possible to learn more about your rights. Proving entrapment can be very tricky, especially if you already have past offenses on your record. It can also be very difficult to locate witnesses who can prove an officer was pressing you to commit the crime. Additionally, many people believe that police officers are likely to protect each other in these cases, meaning it is highly unlikely that any officers will admit to entrapment or call a fellow officer out for it.
If you believe you were pressured into committing a crime by a police officer, contact a skilled Tempe criminal lawyer with Curry, Pearson & Wooten today at 1-888-929-5292 to schedule a free, no-obligation legal consultation. In the meantime, check out a FREE copy of our book, Arizona Criminal Law – What You Must Know.
During the Arizona discovery procedure for your Tempe criminal defense case, some of the information that the prosecution shares may be considered “exculpatory evidence.” Exculpatory evidence is evidence that is actually in your favor as a defendant or may prove your innocence. This information may be disclosed automatically by the prosecution, or your Tempe criminal lawyer may need to file a motion to obtain the information.
In general, any information, including police reports, witness statements, or crime scene evidence, that may cast doubt that you are guilty is considered exculpatory evidence. If the prosecution does not provide you with this information, it is possible that your conviction could eventually be overturned.
How Will My Phoenix Criminal Lawyer Obtain Exculpatory Evidence?
When you hire a Tempe criminal defense lawyer, he or she will attempt to find any exculpatory evidence through any avenues available. This will generally include formally requesting this information from the outset, interviewing any witnesses in your case, speaking with law enforcement, and speaking with other attorneys.
If you have been arrested for a crime in Tempe, don’t wait to contact an experienced Phoenix criminal defense lawyer with Curry, Pearson & Wooten at 1-888-929-5292 today. We offer a completely free, no-obligation legal consultation, during which you can get to know us and find out more about your rights. For additional information about who we are and what we do, request your FREE copy of our book, Arizona Criminal Law – What You Must Know.
The Arizona discovery procedure in your criminal case may seem as though it takes a long time, but it’s a very important aspect of building your case. “Discovery,” in this context, is the procedure by which you, your Phoenix criminal defense lawyer, the prosecuting attorney, and the judge share information. Not all information is necessarily disclosed to all parties, but the discovery procedure means that certain information must be shared or must be provided if requested.
What Information is Shared during the Arizona Discovery Procedure?
In Arizona, discovery procedure reform in 2003 means that the prosecution must disclose police reports and the names of any experts they plan to use at the time of arraignment. Additionally, they may need to automatically disclose other information, such as witness statements, felony history of witnesses, and other pertinent information. For information that is not automatically “discovered,” Arizona law often allows the defense to request it be disclosed.
Why Is Information Shared During Discovery in an Arizona Criminal Defense Case?
The Arizona discovery procedure helps protect your rights and lets you and your Tempe criminal lawyer better prepare for your trial. Essentially, the discovery procedure means you aren’t likely to be taken by surprise with information that the prosecution plans to use against you. It also helps you and your attorney when considering a potential plea agreement. In some cases, the information provided by the prosecution can actually help your case!
If you have been arrested for a crime in Tempe, don’t wait to contact an experienced Tempe criminal defense lawyer with Curry, Pearson & Wooten at 1-888-929-5292 today. We offer a completely-free, no-obligation legal consultation, during which you can get to know us and find out more about your rights. For additional information about who we are and what we do, request your FREE copy of our book, Arizona Criminal Law – What You Must Know.
As Tempe commercial DUI lawyers, we understand that being pulled over for a DUI in Tempe can be a threat to your financial stability if you hold a commercial driver’s license (CDL). Whether you drive a bus, an 18-wheeler, or another commercial vehicle, holding a CDL means that the legal limit is different for you (.04) than it is for other drivers (.08). Additionally, you incur stiffer penalties than other drivers, and could even lose your CDL and your source of income.
If you are a commercial driver who has been charged with a DUI, an experienced Tempe DUI lawyer can help you build a strong case and possibly avoid a conviction. Although it is possible for a non-CDL driver to handle a DUI charge alone, it is critical for a commercial driver to seek legal advice after a Tempe DUI stop. Your case can become complicated very quickly, even if you were off duty at the time of the DUI arrest. The consequences can be grave.
The Tempe DUI lawyers with Curry, Pearson & Wooten represent commercial drivers in drunk driving cases across Maricopa County. If you have questions about your commercial drunk driving case, call us today at 1-888-929-5292 for a completely free, no-obligation consultation. We’d also like you to have a FREE copy of our book, DUI’s in Arizona – What You Must Know.
Commercial driver’s license (CDL) holders need to exercise extra caution when it comes to commercial DUIs in Tempe. Not only will you face the usual criminal charges and punishments that any driver faces under Arizona law, you will also potentially face additional penalties because you hold a CDL.
What Happens if I’m Pulled Over for a DUI in Tempe as a Commercial Driver?
If you are pulled over for a DUI as a truck driver, bus driver, or other commercial driver, you will face the usual license suspension, jail time, and mandatory educational classes. However, there are some MAJOR differences in the law for commercial drivers, such as:
- The legal limit for CDL holders in Arizona is .04. This is lower than the standard .08 legal limit that applies to non-commercial drivers.
- The stiffer rules for CDL DUIs apply all the time, whether you are on or off duty.
- If you refuse the blood alcohol test when you’re pulled over for DUI in Tempe, your CDL will automatically be suspended for 1 year. If you already have a DUI offense on your record, refusing the test could mean you lose your CDL for good.
- You could have 8 points assigned to your license.
In general, commercial drivers who are convicted of a DUI face much harsher penalties, and many CDL holders could see penalties REGARDLESS of how your DUI criminal case turns out.
If you are a truck driver, a bus driver, or any other CDL holder who has been pulled over for a DUI in Tempe, don’t risk your financial stability. Your behavior and decisions in the first few hours after a commercial DUI arrest can have a significant impact on your case as a whole. Call a respected Tempe DUI lawyer as soon as possible at 1-888-929-5292. Your unique commercial DUI case deserves individual treatment, and we are devoted to providing compassionate and personal attention to our clients after an Arizona CDL DUI arrest. Learn more about your rights and how we can help in our FREE book, DUI’s in Arizona – What You Must Know.
The use of field sobriety tests during a Tempe DUI stop has been argued against many times. These types of roadside tests can be very unreliable, but they can still be used as “probable cause” for an Arizona DUI arrest.
You may be asked by police to walk a straight line, touch your finger to your nose, recite the alphabet backwards, or any number of other mental or physical tests. Although this may seem to work part of the time, there are many reasons a completely sober person may perform poorly.
People who are elderly, suffering from certain medical conditions, have prior injuries, or are overweight may not be able to complete these tests to the satisfaction of officers and could be arrested-despite being entirely sober at the time of the DUI arrest in Tempe.
You do have the right to refuse a field sobriety test in Arizona. It may even be in your best interest to do so. If you have any questions about your Tempe DUI arrest, contact an experienced Tempe criminal defense lawyer at 1-888-929-5292 today. For more information, request a FREE copy of our helpful book, DUI’s in Arizona – What You Must Know.
“Probable cause” is a legal concept that determines if an Arizona search warrant can be issued, what police can seize (with or without a search warrant), if an arrest can be made, and other such steps in the criminal arrest process.
The term itself originates from the US Constitution’s Fourth Amendment regarding rights during search and seizure:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
“Probable cause” can be broken down into 4 general categories:
- Observation – This includes anything that an officer can detect through the 5 senses, such as smelling illegal drugs or seeing suspicious behavior.
- Expertise – This is a general category that includes special police training, such as the ability to read gang signs or identify burglary tools.
- Information – This includes things like witness accounts or police bulletins.
- Circumstantial Evidence – This involves information that implies a crime was committed, but does not actually prove it.
Although there are some standards, “probable cause” can be a murky issue, and it’s important to know your rights. Many times, “probable cause” is based on observing common criminal behaviors or other subjective information.
If you believe you were arrested or searched illegally in Phoenix, you need the help of an experienced Phoenix criminal defense lawyer who can protect your rights. Call us today at 1-888-929-5292 to schedule a completely free legal consultation. Also, take a look at our FREE book, Arizona Criminal Law – What You Must Know.
If you or a loved one has committed a serious crime in Arizona, it is possible that you will be held in jail without bail or with bail that is set too high for you or your family to pay. Although it seems unfair, the judge may decide to do this if:
- You might be a danger to others.
- You might flee or fail to appear.
- You’re charged with a very serious or violent crime.
- The crime you have been accused of is punishable by death or life in prison.
- You’re charged with certain drug-related crimes in Arizona.
- You might tamper with evidence or otherwise obstruct justice.
- You have a history of felony offenses in Arizona.
If you have been arrested in Tempe and have questions about bail or any other issues, contact a skilled Tempe criminal lawyer today at 1-888-929-5292 to talk with us about your situation in a FREE, no-pressure consultation. Also, request a FREE copy of our helpful book, Arizona Criminal Law – What You Must Know.
Just because police obtained a search warrant in your Phoenix criminal arrest, it does not mean that what they found will necessarily be permitted in your case. It is possible to challenge that evidence with the help of an experienced Tempe criminal defense lawyer to protect your rights.
For example, the evidence obtained by police from your car, home, or person with a search warrant could be “thrown out” if:
- The police search went beyond the bounds of the search warrant. Your Phoenix search warrant is specifically limited in scope to protect your rights. The search warrant itself should state what and where police can search. If the police go outside of those limitations, that evidence could be disallowed in your case.
- “Fruit of the Poisonous Tree.” This is a term that describes evidence obtained through an illegal search-whether it was due to a problem with a warrant or a lack of a warrant in a situation where one is required. If evidence would not otherwise have been found without the illegal search, it could be thrown out.
Unfortunately, the need for an Arizona search warrant can be somewhat ill-defined. There are many situations in which evidence obtained by search warrant could be disallowed, but it can be tricky to prove. If you have questions about evidence obtained with a Phoenix search warrant, contact a knowledgeable Phoenix criminal lawyer today at 1-888-929-5292.
It’s the dreaded call you get in the middle of the night: “I got arrested in Tempe. Can you bail me out of jail?” Whether it’s a friend or a family member, you feel like it’s your duty to post bail for someone you care about. You want the person to get out of jail, go home, and be able to show up for work the next day. However, you might find yourself wondering if it’s always a good idea to post bail right away. As Tempe criminal defense lawyers, we’ve seen some problems with bail over time and want you to consider a few things.
If any of the following situations apply, you may want to wait to post bail in Arizona:
- The person is dangerous. If you believe the person might continue to be a danger, whether to themselves or others, it might be best to allow the police to hold them until they “cool off.”
- The person is in danger. Likewise, if you believe the person may be in danger after committing a crime in Tempe, jail may be the safest place for him or her.
- You don’t have the money. If you don’t have the money, or if you can’t wait at least several months before the person paying you back, think twice before you post bail in Arizona. The more serious the crime, the higher the bail will be, and you need to be prepared to never see that money again.
- The person was arrested for a minor crime. If the crime was very minor, the person could be released from jail as soon as the next day. It might be wise to wait and see what happens before putting your cash on the line.
- It’s happened before. If these kinds of calls are common, you might consider letting the accused fend for themselves this time. You may have a son or a sister who constantly seems to be in trouble with the Law in Tempe. Sometimes, a person has to learn their lesson.
- You think they may not show up for court. If the person does not show up for court, you could be left on the hook to pay the full amount. Additionally, you may have to help track the person down and/or pay the costs of the search.
If you or a loved one has been arrested in Tempe, pulled over for a DUI in Phoenix, or is in any other legal trouble, contact a respected Tempe criminal lawyer at 1-888-929-5292 today for a completely-free legal consultation. We will be happy to explain your rights and help you form an action plan after an arrest in Arizona.
For additional information, please request a FREE copy of our book, Arizona Criminal Law – What You Must Know.
During legal discovery, your Tempe criminal attorney is working to obtain as much information that is relevant to your case as possible. The lawyers on the other side are doing the same to build their case. Such work can take many steps, which could delay your trial.
If doctors or other professionals are needed as experts, their schedules sometimes dictate how fast a lawyer can get information or documents. For example, many doctors will only do depositions on a certain day or two each month. You may need to go in for additional medical or psychological evaluations as well.
Additionally, it can take a long time to find and then obtain records, documents, and witnesses to help build your case. In general, the Tempe discovery procedure usually takes six months or more.
It’s easy to get frustrated when it seems to take so long to get to trial. Just remember that it is this process of discovery that often ends up making or breaking your case, and your Tempe criminal defense lawyer is behind the scenes working hard for you. What happens during this phase will have a big impact later on.
If you have further questions about your Tempe criminal case, contact a helpful Tempe criminal lawyer today at 1-888-929-5292. You also can request a FREE copy of our book, Arizona Criminal Law: What You Must Know.
As Phoenix criminal defense attorneys, we get a lot of questions about search warrants in Arizona and how they work. This confusion is not at all surprising; there is much to understand about search warrants and what constitutes an illegal search during a Phoenix arrest.
When Is a Search Warrant NOT Required?
Not every search requires a warrant in Arizona. In the following cases, for example, police may be able to conduct a search without a warrant:
- You give consent to the search.
- An item is in plain view.
- The evidence could be destroyed before a warrant is obtained.
- A police officer is concerned for safety during a “pat down.”
- An officer has “probable cause,” which is often seen in vehicle searches for Tempe DUI or traffic cases.
- Any search that is incident to an arrest.
How Do Police Obtain an Arizona Search Warrant?
If police suspect you have committed a crime in Phoenix and feel a search is necessary, then they will attempt to obtain a search warrant. This may apply to your vehicle, your home, your place of employment, or just about anywhere you could store evidence.
The police must submit a request to the court that states:
- Why the police feel a search will be necessary
- What kind of evidence they are looking for
It is also important to note that the warrant, if issued, should state what officers are allowed to look for and where. Essentially, a search warrant should not grant police unlimited access to search you or your property; they need to stay within in the limitations of the warrant.
If you are a suspect in a Phoenix crime and have questions about search warrants and your rights, speak with a dedicated Phoenix criminal defense lawyer today at 1-888-929-5292. To learn more about how we can help, take a look at our FREE book, Arizona Criminal Law – What You Must Know.
The discovery procedure is basically the pre-trial process during which your Tempe criminal defense lawyer will obtain and disclose information concerning your case. Tempe lawyers can do this in ways including, but not limited to:
- Written questionnaires
- Depositions, either oral or written
- Physical or mental examinations
- Information from experts
- Production of other documents or items
Although discovery must be limited to what is considered reasonable, most Arizona criminal lawyers are given a fair amount of leeway. The process can take a long time, sometimes even years, and the court can settle any disputes between the lawyers in the case regarding discovery.
Why is it important?
The court is not responsible for the discovery process; your Tempe criminal defense lawyer is. Some might say that it is during discovery that your case is really won or lost. So, it is of utmost importance that you have a skilled and experienced Tempe criminal defense lawyer who will carefully consider the information needed to help you obtain a favorable result.
For example, some of the statements given in a deposition from witnesses or others could end up being used in the trial. Therefore, any discrepancies between the answers given during a deposition and the answers given during the trial could have a strong impact on the credibility of certain witnesses.
If you have questions about the Tempe discovery procedure in your Arizona criminal case, contact a highly skilled Tempe criminal lawyer today at 1-888-929-5292. We will fight hard to defend your rights, and we are always available to answer your questions and address your concerns.
If you’d like to learn more about who we are and what we do, request a FREE copy of our book, Arizona Criminal Law: What You Must Know.
You know you should never drink and drive, but so many people who are arrested for a DUI in Tempe for being over the legal limit say they felt “ok to drive.” Don’t risk a Tempe drunk driving arrest. Learn how to calculate your approximate blood alcohol content (BAC) before you leave the party.
For those of you who aren’t interested in the math, there are apps available for both the iPhone and Android that will calculate your BAC for you! Check your app store for BAC calculators, and impress everyone at the party. There are also multiple websites that offer free BAC calculators for you to use.
For these calculators to work, you’ll probably need to know:
- The standard size of what you were drinking. For example, hard liquor is usually about 40% alcohol and the size of a standard drink is a 1-ounce shot.
- How much you drank over what length of time. The calculator will subtract .15 for each hour that passes after your first drink.
- Your weight and gender (if you’re too drunk to remember, DON’T DRIVE). BAC calculations use the water content of your body, and the best predictor is your gender and weight.
Plug these numbers into the calculator, and you’ll have an approximation of your BAC at the given time. You’ll also find out if you’re likely to be over the legal limit of .08.
If you have already been arrested for a DUI in Tempe, call an experienced Tempe DUI lawyer today at 1-888-929-5292 to set up a free consultation and talk about your Arizona DUI case.
As Tempe DUI lawyers, we know that many Arizona DUI arrests are made as a result of breathalyzer testing by police. We are led to believe that the breathalyzer test is an accurate way to measure blood alcohol levels during a Tempe DUI stop, but that is far from the truth.
There are a lot of factors that can influence a false breathalyzer result, including:
- Your temperature: How warm your body is can have a big impact on the accuracy of your breathalyzer test results. For example, a 1-degree change in your body temperature can falsely elevate a breathalyzer result by 8%.
- Diabetes: Compounds in your body that are similar to ethyl alcohol can trigger a higher breathalyzer result. People who are diabetic, and even people who are dieting, have significantly higher levels of these compounds – up to thousands of times the level found in most people.
- Your mouth: Residual alcohol in your mouth may mean the breathalyzer result is by far higher than your actual blood alcohol level during a Tempe DUI stop.
- Your stomach: If you belch, throw up, or tend to have heartburn and reflux, you can throw off the results of the breathalyzer test. A breathalyzer should not be given if you have had any of those symptoms in the previous 20 minutes.
- The environment: Outside air temperature, pollutants in the air, gas or paint fumes, and even other electronics nearby may influence the accuracy of a breathalyzer test.
- How fast you breathe: Even your rate of respiration can throw off a breathalyzer test, leading to a false
Tempe DUI arrest. Physical activity just prior to a test, like running up a flight of stairs, can skew the result by 10-25%.
As you can see, the breathalyzer test is an inaccurate way to measure your blood alcohol content. It could lead to an embarrassing false arrest or even a conviction.
If your inaccurate breathalyzer test leads to a Tempe DUI arrest, it’s time to call an experienced Tempe DUI lawyer at 1-888-929-5292. You need to build a strong case in order to avoid license suspension, fines, and jail time, and our respected Tempe drunk driving lawyers have what it takes to help you get a better outcome. If you’d like to get to know us and learn more about what we do, take a look at our FREE book, DUI’s in Arizona – What You Must Know.
There’s a fine line between an inconvenient or unwanted conversation and internet stalking. Internet stalking charges in Arizona may be the result of communication or harassment through:
- E-mail correspondence
- Facebook or other social media
- IRC, messengers, and other live chat
- Virus or spam attacks
- Blogs and blog comments
- Internet forums
If you have been accused of internet stalking in Phoenix, it is crucial that you speak with a Phoenix criminal defense attorney as soon as possible after your arrest.
Why should I contact a Phoenix criminal defense lawyer after an internet stalking arrest?
As commonplace as electronic communication seems to us now, many police and enforcement agencies are still “catching up” when it comes to the proper investigation of internet stalking. Therefore, the levels of investigation of a Phoenix electronic crime can vary from police officer to police officer.
What are the cyberstalking laws in Arizona?
Although there is not a specific law governing cyberstalking in Arizona, internet stalking generally falls under harassment laws. “Harassment” is defined as “conduct directed at a specific person which would cause a reasonable person to be seriously alarmed, annoyed or harassed and the conduct in fact seriously alarms, annoys or harasses the person.” You commit harassment by intentionally doing the following:
- Anonymously or otherwise communicating or causing a communication with another person by verbal, electronic, mechanical, telegraphic, telephonic, or written means in a manner that harasses.
- Continuing to follow another person in or about a public place for no legitimate purpose after being asked to desist.
- Repeatedly committing an act or acts that harass another person.
- Keeping another person under surveillance or causing another person to surveil a person for no legitimate purpose.
- Making a false report to a law enforcement, credit, or social service agency on more than one occasion.
- Interfering with the delivery of any public or regulated utility to a person.
What can I do if I’ve been accused of internet stalking in Phoenix?
The laws surrounding internet stalking can be complicated, so you will need a strong case. Don’t wait until it’s too late. Contact a friendly and professional Phoenix criminal defense lawyer today at 1-888-929-5292. We can talk about your specific rights and options in a free consultation, and you’re under no obligation to hire us. We also want to offer you a copy of our FREE book, Arizona Criminal Law – What You Must Know.
If you or a loved one has been convicted of a crime in Phoenix and sentenced to prison time, you may be curious about Arizona Rule 32 for post-conviction relief (PCR). Rule 32 may allow for review of your Phoenix criminal conviction, including any mistakes that were made in the original court process and any new evidence. Arizona Rule 32 is not the same thing as an appeal; it is considered separate from the appeals process. In fact, you may be able to petition for Rule 32 proceedings even if you applied for an appeal that was denied.
What is Arizona Rule 32?
According to Arizona law, Rule 32 may be used to reduce a sentence or fix errors involved with the sentencing or trial. You may be able to petition under Rule 32 if:
- Your conviction or sentence is in violation of the Constitution of the United States or the State of Arizona.
- The court was without jurisdiction to render judgment or impose a sentence.
- The sentence imposed exceeds the maximum allowed by law.
- You are held in custody after the sentence has expired.
- Newly discovered material facts or evidence exists, and those facts probably would have changed the verdict or sentence in your case.
- You failed to appeal, and that failure was not your fault.
- There has been a significant change of law that would probably overturn your conviction or sentence if applied in your case.
How does Arizona Rule 32 work?
You only have a limited time period after your Phoenix criminal conviction to file a petition under Rule 32, so it is important to talk with an experienced Phoenix criminal defense lawyer as soon as possible after your conviction. If you miss any of the deadlines, you may completely lose your right to petition under Rule 32.
Rule 32 proceedings can be very complicated, and it would be to your advantage to contact a Tempe criminal lawyer today at 1-888-929-5292. We can help explain what you will need to do to start Rule 32 proceedings and if it is even appropriate to do so in your case. If you’d like to learn more, request a free copy of our book, Arizona Criminal Law – What You Must Know.
The punishments for a Tempe DUI are quite harsh, but the law also strictly punishes underage DUIs in Arizona. If you are a minor and charged with an underage DUI in Tempe, we recommend that you speak with a qualified Tempe DUI lawyer as soon as possible. Things can happen quickly once you’ve been arrested, and you could face penalties even before your hearing.
Don’t wait or be tempted to “hurry it along” because you’re embarrassed. Talking to a Tempe drunk driving defense lawyer will give you a clearer idea of your rights and how to handle the DUI offense so that you get the best result. This is especially true in cases where you have additional charges, such as drug possession, or previous DUI convictions.
In Arizona, you can be convicted and punished for an underage DUI even if your blood alcohol content was below the legal limit, or if the police don’t have sufficient evidence to convict you of a regular DUI. Any evidence of alcohol in your body could result in a DUI charge if you are under the age of 21 – that means consuming a single beer could be enough to convict you! You could be facing a misdemeanor record and a 2-year license suspension if convicted.
If you are a minor and your blood alcohol content was over the legal limit, then you will face the same punishments as a person over 21. In fact, many judges will decide to punish you more harshly because you are underage.
Play it safe – just don’t drink and drive. However, if you are arrested for an underage DUI in Tempe, seek the experience and knowledge of our Tempe DUI lawyers by calling 1-888-929-5292. Our first meeting with you is completely FREE so that you can get to know us while we explain your rights and options.
Although Arizona does not have any laws that specifically govern Phoenix internet stalking, you could still be charged under Arizona’s harassment laws. If you have been arrested for actions related to internet stalking, your case can become very complicated very quickly. We recommend that you consult an experienced Phoenix criminal defense attorney as soon as possible. This is not because we’re looking for a paycheck, but because of the following:
- Law enforcement is still “catching up” with the electronic age, so many departments do not have appropriate procedures in place to handle electronic crime investigations.
- Electronic evidence is often lost or mishandled during the investigation, which could affect your case.
- There’s a fine line between unwanted conversation and actual harassment or internet stalking.
- Many cases involve accusations of both internet stalking and physical stalking, further complicating your case and evidence.
If you have been accused of internet stalking in Phoenix, contact a friendly and experienced Maricopa County electronic crime lawyer at 1-888-929-5292 today for a completely free consultation. We want you to understand your rights and options, and we will fight to obtain the best outcome for you. If you’d like to learn more, please request a FREE copy of our helpful book, Arizona Criminal Law – What You Must Know.
If you have been convicted of a crime in Phoenix and feel that your sentencing was not appropriate or mistakes were made during the trial, you may be wondering if Arizona Rule 32 applies to you. Because Rule 32 proceedings can be very complicated, it is important to speak with a Phoenix criminal defense lawyer for answers about your specific case. In general, however, you should be aware that:
- Rule 32 is not the same as an appeal. You can actually petition under Rule 32 even if you have applied for an appeal that was denied.
- You have a limited amount of time to start Arizona Rule 32 proceedings. The timeline is very strict. If you miss a deadline, you will be unable to pursue Rule 32 proceedings.
- Rule 32 proceedings can correct errors. Many people believe that Rule 32 post-conviction relief is only used to reduce a sentence; however, it also is used to correct errors made during the trial or the sentencing.
Arizona Rule 32 proceedings can be very complicated. You will need to be aware of deadlines and requirements, and you will need to go in with a strong case. Contact one of our friendly Tempe criminal defense lawyers today at 1-888-929-5292 for a completely free consultation. For more information, you also can request a free copy of our book, Arizona Criminal Law – What You Must Know.
It shouldn’t be news to anyone that college students drink. Studies have shown that 56% of college students are binge drinkers and 70% drink at least once each month. Unfortunately, many students also get behind the wheel when they’ve been drinking, even though a Tempe DUI could have a big impact on their futures. If you’ve just arrived at Arizona State University for the semester, consider this before drinking and driving in Tempe:
- You could be expected to pay fines or attend mandatory educational programs.
- You could be convicted of an underage DUI in Tempe even if your blood alcohol level is below the legal limit.
- At many universities, including ASU, you could be expelled or subject to academic disciplinary action for a Tempe DUI offense.
- Your license could be suspended before you ever have a hearing, depending on the results of your blood test. That’s an entire semester without a car.
- An ignition lock device could be ordered for your car.
- Arizona drunk driving laws are very strict, and a conviction means mandatory jail time, regardless of whether the Tempe drunk driving offense was deemed a misdemeanor or felony.
- A second Arizona DUI offense is punished very harshly, especially when accompanied by other crimes, such as drug possession.
- A felony DUI charge can seriously restrict your employment opportunities, regardless of your education, qualification, and training.
If you’ve been arrested for a DUI in Tempe, contact a Tempe DUI lawyer as soon as possible at 1-888-929-5292 to look at your rights and options in a completely FREE legal consultation. Hiring a qualified Arizona drunk driving lawyer to handle your case can help you obtain a more favorable result in court after a Tempe drunk driving arrest. You may also want to request a FREE copy of our book, DUI’s in Arizona – What You Must Know.
There are stiff mandatory penalties for DUI offenses in Phoenix so you’ll need to be prepared to make some serious decisions before you even go to trial if your blood test results come back as greater than the legal limit. Your DUI history, blood test results, and specific circumstances affect your case greatly, so it is in your best interest to contact an experienced Tempe DUI lawyer as soon as possible after your arrest. However, in general, be aware that a blood alcohol level of .08 or greater will mean:
- Your license will be suspended for 90 days.
- After the first 30 days, you may be permitted to drive to and from work, school, or counseling.
- You may request a civil hearing for your Arizona DUI offense.
If your blood test reading is less than .08, then there is not a 90-day suspension unless you’re convicted of the DUI. If you are eventually convicted of the DUI in Arizona, and you have already served the 90-day license suspension, then you will not have to serve it again.
Your behavior and decisions in the first few hours after a DUI arrest can have a significant impact on your case as a whole. Don’t try to go it alone! If you have been arrested for driving drunk in Arizona, call a respected Tempe DUI lawyer as soon as possible at 1-888-929-5292. If you’d like to learn more about your rights and how we can help, request our FREE book entitled DUI’s in Arizona- What You Must Know.
As Maricopa County DUI lawyers, we have seen firsthand how tough Arizona law is on DUI offenders, even on first-time offenders. If you have been arrested for drunk driving in Phoenix, there is a very real chance that your license will be suspended, and you will probably have to serve mandatory jail time.
License Suspension for Arizona DUI
Depending on the results of the blood alcohol test, your license may be suspended before your hearing. If your test results come back as .08 or higher, you will receive a notice that your license is suspended for 90 days. After the first month of suspension, you will be permitted to drive to and from school or work.
Sentencing for Arizona DUI
Arizona drunk driving laws are tough, and you will serve time in jail if you are convicted. As a first-time offender, depending on your blood alcohol content, you can expect the following:
- Below .15: Minimum of 24 hours in jail
- Between .15 and .20: Minimum of 30 days in jail
- Above .20: Minimum of 45 days in jail
If this is not your first Arizona DUI offense, then you can expect much stiffer sentencing. For a second offense, although it depends on your circumstances and history, you can expect:
- Less than .15: Minimum of 30 days in jail
- Between .15 and .20: 120 days in jail
- Over .20: 180 days in jail
Along with the license suspension and jail time, you also can expect orders for mandatory fines, alcohol/drunk driving education classes, and an ignition interlock device in your car.
The First Step after a Maricopa County DUI Arrest
Your behavior and decisions in the first few hours after a DUI arrest can have a significant impact on your case as a whole. Don’t try to go it alone! If you have been arrested for driving drunk in Arizona, call a respected Tempe DUI lawyer as soon as possible at 1-888-929-5292. Your unique case deserves individual treatment, and we are devoted to providing compassionate and personal attention to our clients after an Arizona DUI arrest. Learn more about your rights and how we can help in our FREE book, DUI’s in Arizona – What You Must Know.
After being arrested for drunk driving in Maricopa County, you may wonder if you really need legal help for your case. You may expect a license suspension in the mail, and you will probably be embarrassed about the whole situation. Most lawyers will tell you that you ALWAYS need an attorney after a Tempe DUI arrest. The truth is that it really depends on the circumstances of your particular case. You may be able to avoid hiring a Tempe DUI lawyer if:
- You are a first-time offender.
- You do not have additional charges along with the DUI.
Although, for the most part, you won’t need a lawyer in these cases, you might find the legal process a little overwhelming. If you’re not sure if you need help, contact one of our experienced Tempe DUI lawyers today at 1-888-929-5292. We will schedule a FREE, confidential, and no-obligation consultation to answer your questions and explain your options, including whether or not you need an attorney in your situation. Don’t forget to also take a FREE copy of our helpful book, DUI’s in Arizona – What You Must Know.
Depending on the circumstances of your Tempe DUI case, you may not need a lawyer at all. If this is your first arrest for drunk driving in Arizona, you may be able to navigate the legal system just fine on your own. The problems start when your case is complicated by:
- A previous DUI conviction: Any previous conviction for an Arizona DUI means you will probably be subject to Arizona’s mandatory sentencing laws. It is very important that you speak with a Maricopa County criminal lawyer as soon as possible after your arrest to start looking at your options.
- An accident: If you caused an accident while driving drunk in Tempe, your case could get extremely complicated and carry very heavy penalties. Trying to pursue an Arizona DUI accident case on your own can be daunting and is not recommended.
- Additional charges: This is where your case really requires an experienced professional. If you were also charged with resisting arrest, aggravated assault, or drug possession during your DUI arrest, there are multiple mandatory sentences to contend with and a lot of potential for things to go wrong.
In short, if you are arrested for a DUI that is not a first offense, or if you have any complicating factors, then it’s in your best interest to speak with a lawyer before making any major decisions about your Arizona DUI offense. The skills, knowledge, and experience that only a Tempe DUI lawyer can provide can help you obtain the best outcome, in or out of court.
The Tempe drunk driving lawyers with Curry, Pearson & Wooten want to help you avoid conviction and retain your driving privileges after your Maricopa County drunk driving arrest. Give us a call today to learn more about your rights and options in a completely free legal consultation. You are under no pressure to hire us, and we’ll also give you a copy of our FREE book, DUI’s in Arizona – What You Must Know.
Arizona drug possession comes with strict mandatory sentencing rules depending on the type of drug and the amount you are found carrying. If you have been arrested for drug possession in Arizona, it is crucial that you speak with an experienced Phoenix drug offense lawyer as soon as possible. Because the drug laws in Arizona are very complicated, it is extremely difficult to navigate the system on your own and know what to expect.
Arizona drug possession laws cover many illegal drugs, including:
- Methamphetamines (“crystal meth”)
- Narcotic drugs, such as heroin and morphine
- Prescription drugs
- Nitrous oxide
- Toxic vapor-releasing substances, as used for “huffing”
Sentencing for Arizona drug possession varies quite a bit depending on the type of drug, the quantity, and any past conviction history. Some drug offenses, termed “serious drug offenses” by Arizona law, can come with a sentence of life imprisonment.
If you’d like to learn more about drug possession charges in Phoenix, contact the experienced Maricopa County drug offense lawyers today at 1-888-929-5292 to receive a copy of our free book: Arizona Criminal Law – What You Must Know.
The Arizona Medical Marijuana Act allows anyone to use medical marijuana without penalties, as long as the individual holds a valid medical marijuana card. However, there are many limitations in place, and it’s important to understand the details if you have been prescribed marijuana for a debilitating medical condition.
If you have a valid Arizona medical marijuana card, you do have some additional protections aside from the criminal exemptions. For example:
- A school or landlord can’t refuse enrollment or leasing to you, unless failing to do so would cause the school or landlord to lose benefits under federal law.
- An employer can’t discriminate against you in hiring, terminating, or imposing employment conditions, unless failing to do so would cause the employer to lose benefits under federal law.
- An employer can’t penalize you for a positive drug test for marijuana, unless you used, possessed, or were impaired by marijuana on the employment premises or during hours of employment.
The Arizona Medical Marijuana Act does not allow you to possess and use marijuana without limitation. Under the act, you are not authorized to use marijuana if:
- You are on a school bus, on the grounds of a school, or in prison;
- You are in a public place, including public transportation;
- It would constitute negligence or malpractice at your job;
- You are operating a motor vehicle, aircraft, or motorboat.
The marijuana laws in Arizona can be very confusing, so it is a good idea to talk with a qualified Phoenix drug offense lawyer for the specifics. Give us a call today at 1-888-929-5292 for a FREE legal consultation, and take a moment to request our FREE book: Arizona Criminal Law – What You Must Know.
In your Arizona drug possession case, the type of drug and the amount you were caught with make a very big difference in the sentence you can expect. Although many first-time offenders will not serve time in jail, a previous drug conviction can increase the severity of your sentence by quite a bit. Your Arizona drug offense case is unique, so you will need to speak directly with a qualified Phoenix criminal defense lawyer for specific answers to your questions. In general, though, you should know that:
- Most drug possession in Arizona is charged as a felony;
- Even a first-time offender could be subject to mandatory probation;
- Some serious drug offenses in Arizona could mean life in prison.
Under Arizona law, a “serious drug offense” is defined as any violation of (or attempt/conspiracy to violate):
- Section 13-3404.01, which covers possession and sale of ephedrine or other “precursor chemicals”;
- Section 13-3405, which covers the sale and distribution of marijuana;
- Section 13-3407, which covers the sale and distribution of dangerous drugs;
- Section 13-3408, which covers the manufacture, sale, and transport of narcotics in an amount exceeding the threshold amount;
- Section 13-3406, which covers prescription drug offenses;
- Section 13-3409, which covers drug offenses involving minors.
If you have been charged with what is considered a serious drug offense in Arizona you could be sentenced to life imprisonment if:
- You had a pattern of drug offenses, meaning three or more related drug crimes, which make up a significant part of your income.
- The offense was committed as part of an enterprise involved in dealing drugs in Arizona and you “organized, managed, directed, supervised or financed the enterprise with the intent to promote or further its criminal objectives.”
If you have been arrested for drug possession in Arizona, contact one of our experienced Maricopa County criminal defense attorneys today. We will help you understand what your charges mean and answer your questions clearly and honestly. Also, take a look at our FREE book: Arizona Criminal Law – What You Must Know.
As more and more states start to discuss marijuana legalization and medical marijuana, more people have been asking us about Arizona’s laws and how the Arizona Medical Marijuana Act has changed marijuana offenses in Arizona. For those with a valid medical marijuana card, state law allows possession and use of the drug to treat a debilitating medical condition. Such patients are subject to certain limitations under state law, though. However, for those individuals without a valid medical marijuana card, Arizona drug offense laws still apply and crimes are treated very seriously.
Under Arizona law, without a valid medical marijuana card or other appropriate documentation, it is illegal to:
- Possess or use marijuana;
- Possess marijuana for sale;
- Produce marijuana;
- Transport for sale, import into this state or offer to transport for sale or import into this state, sell, transfer or offer to sell or transfer marijuana.
If you are arrested for marijuana in Arizona, you could be charged with a:
- Class 6 felony for possession of less than two pounds;
- Class 5 felony for possession of at least two pounds but less than four pounds;
- Class 4 felony for possession of four pounds or more;
- Class 4 felony for less than two pounds for sale;
- Class 3 felony for at least two pounds but not more than four pounds for sale;
- Class 2 felony for more than four pounds for sale;
- Class 5 felony for production of less than two pounds;
- Class 4 felony for production of least two pounds but not more than four pounds;
- Class 3 felony for production of four pounds or more;
- Class 3 felony for transport/import of less than two pounds;
- Class 2 felony for transport/import of two pounds or more.
The laws are a little bit different if you are on probation or carry previous convictions. Additionally, sentencing can vary quite a bit if you are convicted of a marijuana crime, and it may come with certain mandatory sentencing rules. For more information about marijuana violations in Maricopa County, contact the Phoenix criminal defense lawyers with Curry, Pearson & Wooten today at 1-888-929-5292. We are experienced Arizona drug offense attorneys, and we offer a FREE legal consultation to answer your questions and explain your rights. Don’t forget to also take a look at our FREE book: Arizona Criminal Law – What You Must Know.
Sentencing for murder in Arizona varies depending on the severity of the crime. The state of Arizona has strict mandatory sentencing laws that apply to murder cases, although they do allow some room to increase or decrease the sentence depending on the circumstances in some cases. For example:
- First degree murder may be punished by death, life imprisonment, or natural life imprisonment. In the case of life imprisonment, you may be eligible for release after 25 years if the person murdered was an adult, or 35 years if the person was under the age of 15.
- Second degree murder may be punished by imprisonment for 16 years, or 6 years more or less, depending on the circumstances. However, if you have previously been convicted of second degree murder or a Class 2 or Class 3 felony involving a deadly weapon or the intentional infliction of physical injury on a person, then you may be sentenced to 20 years, give or take 5 years depending on circumstances.
- Manslaughter and negligent homicide carry more wildly varying sentences, which may be increased if the homicide is considered a “dangerous offense.”
If you have been accused of murder in Arizona, contact an experienced Phoenix criminal defense lawyer at 1-888-929-5292 today for a FREE consultation. We have answers to your many questions and are devoted to defending your rights.
In Arizona, homicide or murder is when you take another person’s life. It is a serious offense that comes with stiff and mandatory sentencing by state law. If you have been arrested for murder in Phoenix, you probably have a lot of questions about your rights and what happens next. Each Arizona homicide case is unique, and you need to contact a Phoenix homicide defense lawyer for specific answers to your questions. We can, however, offer you some general information about homicide charges in Arizona.
Four Degrees of Severity
Arizona murder laws allow for varying degrees of severity, and those designations can strongly impact your case and the punishment you receive for murder in Arizona. There are four levels of severity:
- Negligent homicide: This applies when you cause the death of another person, including an unborn child, through negligence. It is considered a Class 4 felony.
- Manslaughter: This is a Class 2 felony that applies when you recklessly kill another person, intentionally help someone commit suicide, are coerced by a person threatening you with physical force, cause the death of an unborn child by physically injuring the mother, or commit second degree murder when provoked by another, after an argument, or in the “heat of passion.”
- Second degree murder: This applies when there is no premeditation, and you intentionally kill another person, know that the person’s behavior will result in death or serious injury, or kill a person by engaging in conduct that you know could kill someone. It is a Class 1 felony.
- First degree murder: This applies when there is premeditation (i.e., you plan intentionally) to kill a person or know your conduct will be deadly, kill a person in the course of committing certain other crimes, or kill a police officer in the line of duty. It is a Class 1 felony and could be punished with death or life imprisonment.
A murder conviction can change your life forever and have a huge impact on your opportunities. For more information, talk to a qualified and experienced Phoenix criminal defense lawyer today by calling 1-888-929-5292. We will answer your questions clearly and honestly and ensure the protection of your rights. For more details about us and what we do, take a moment to read through our FREE book, Arizona Criminal Law – What You Must Know.
It’s not always easy to tell if you’re trespassing in Maricopa County. For instance, if you hunt or hike, you probably often come upon areas in which it’s not obvious who owns the land or if you’re allowed to be there. For the most part, a first-time trespasser or lost hiker is not likely to receive formal criminal trespassing charges. However, it is possible. If you hunt, hike, walk your dog, or otherwise find yourself wandering on land you don’t own, take a few tips on avoiding criminal trespassing from your Phoenix criminal defense lawyers:
- Ask permission: If possible, contact the owner of the land for permission before you enter the property. It could save both of you time and keep you out of legal trouble.
- Don’t jump the fence: If you notice that an area is fenced off or gated, don’t enter it. This is generally a good sign that the owner doesn’t want you to be there.
- Obey posted signs: Landowners should post “No Trespassing” signs along the perimeter of their property if they want to keep trespassers out. Check the area for these signs or orange paint, which Arizona law allows to be used along with the signs, and obey them when present.
Arizona trespassing charges range from misdemeanors to felonies, and they could have an impact on your future. Take trespassing charges seriously, and contact a Phoenix criminal defense lawyer today at 1-888-929-5292 to schedule a FREE legal consultation. In the meantime, we would like for you to have a copy of our FREE and helpful book, Arizona Criminal Law – What You Must Know.
Trespassing may not seem like a big deal to some people, but the truth is that trespassing in Arizona is illegal and could net you charges of criminal trespassing. We enter and exit property that doesn’t belong to us on many occasions in the course of a day, such as by going to the bank or visiting a neighbor, but being in these same areas under certain circumstances could be construed as trespassing. Let’s look at Arizona’s trespassing laws:
1st Degree Criminal Trespassing:
- Knowingly entering or remaining unlawfully in or on a residential structure;
- Knowingly entering or remaining unlawfully in a fenced residential yard;
- Knowingly entering any residential yard and, without lawful authority, looking into the residential structure thereon in reckless disregard of infringing on the inhabitant’s right of privacy;
- Knowingly entering unlawfully on real property that is subject to a valid mineral claim or lease with the intent to hold, work, take or explore for minerals on the claim or lease;
- Knowingly entering or remaining unlawfully on the property of another and burning, defacing, mutilating or otherwise desecrating a religious symbol or other religious property of another without the express permission of the owner of the property;
- Knowingly entering or remaining unlawfully in or on a critical public service facility.
2nd Degree Criminal Trespassing:
- Knowingly entering or remaining unlawfully in or on any nonresidential structure or in any fenced commercial yard.
3rd Degree Criminal Trespassing:
- Knowingly entering or remaining unlawfully on any real property after a reasonable request to leave by the owner or any other person having lawful control over such property, or reasonable notice prohibiting entry;
- Knowingly entering or remaining unlawfully on the right-of-way for tracks, or the storage or switching yards or rolling stock of a railroad company.
The punishment for criminal trespassing varies depending on whether you are charged with misdemeanor or felony trespassing and if you have been charged with additional Arizona crimes in the process. A trespassing conviction could impact your future opportunities for work or education, and thus should be taken seriously.
If you have been arrested for criminal trespassing in Maricopa County, give the experienced Phoenix criminal defense lawyers with Curry, Pearson & Wooten a call today at 1-888-929-5292. We also want you to take a copy of our helpful book, Arizona Criminal Law – What You Must Know, which answers many questions about what to do next.
A recent study in California showed that around 93% of all new information is in digital format. Computers and electronic devices dominate our society, and these devices are used by those accused of crimes as well as police and other authorities. While computers and related electronic evidence were once only used in cases of Arizona computer crime, it is now admissible to use such technology as evidence in all kinds of criminal cases, including everything from fraud to murder.
No matter what kind of crime you were arrested for, your cell phone or computer could be confiscated and that information used against you in court. Some examples of criminal cases in Arizona that may resort to using electronic evidence in court are:
- Narcotics investigations
- Copyright violation
- Breach of computer security
- Child pornography
- White-collar crime investigations
- Sexual assault
As you can see, just about any crime in Arizona may involve a computer or digital device, and that information can be used against you in court.
If you have been arrested and want to know more about your rights regarding your computer files or other electronic evidence, contact our experienced Phoenix criminal defense lawyers today at 1-888-929-5292. For further information, we recommend that you request a copy of our FREE book, Arizona Criminal Law – What You Must Know.
As technology advances, electronic evidence is no longer solely used in cases of Arizona internet crime. Increasingly, electronic evidence such as e-mail, chat logs, and Word documents are being used in cases ranging from fraud to murder. If you have been arrested in Phoenix, information from your computer or cell phone could end up being used in court, even if the charges are not computer-related.
What is electronic evidence?
“Electronic evidence” can be defined as any evidence that is stored or sent in a digital format that can be used by a party in a court case. Examples include:
- Address books
- Chat logs
- Encrypted, hidden, password-protected, and potentially misnamed files
- Internet bookmarks, cookies, and history
- Image files
- Text documents
- Database files
- Configuration files
- System files and logs
- Voice mail
- Backup tapes
- Disks, CDs, and thumb drives
The problem is that electronic evidence can be very fragile, and the court will carefully scrutinize any digital evidence that was handled improperly, damaged, or destroyed. In fact, electronic evidence is often thrown out during trials because it was obtained without authorization or otherwise mishandled. Additionally, many companies do not yet have policies and procedures in place to handle digital evidence, and they may have mishandled it long before the police investigate.
How is electronic evidence handled at the crime scene?
Generally, when authorities investigate and find potential digital evidence, they will:
- Physically secure the items, such as computers and external hard drives;
- Take pictures of the room and the systems;
- In the case of an item (such as a computer) that is already on, take note of onscreen items;
- Remove the plug from the electrical source;
- Take the system apart and document all components;
- Copy evidence to sterile media, if necessary.
If you have been accused of a crime in Arizona and believe that your computer may be used as electronic evidence, call a qualified Maricopa County criminal defense lawyer as soon as possible at 1-888-929-5292. We want to help you understand your rights and prepare for your trial. We also are offering a free legal book for our web visitors: Arizona Criminal Law – What You Must Know.
The difference between a felony and a misdemeanor charge may not seem very important, but the distinction makes a huge difference in the severity of your punishment and your life in the future. Being convicted of a felony in Arizona means prison time, which is served in a state prison instead of your local jail. It means reporting the conviction on your job applications and losing some civil rights.
A felony conviction also means a longer sentence. Misdemeanors are generally punished with fines or up to six months in jail. Felonies, however, can result in very long sentences, depending on the severity. A Class 6 felony may mean a year in prison, while a Class 1 felony could be life imprisonment or the death penalty. That’s a big difference.
Sometimes the line between a misdemeanor and felony isn’t very clear. If you read our recent article about assault versus aggravated assault, then you know that assault can easily become a felony in many circumstances.
Our experienced Phoenix criminal defense lawyers know that each person’s case is unique. We will walk you through every step of your case and answer your questions honestly. Give us a call at 1-888-929-5292 today to schedule a free consultation and request our free book, Arizona Criminal Law – What You Must Know.
Under Arizona law, any of the following are considered to be assault:
- Intentionally, knowingly, or recklessly causing any physical injury to another person;
- Intentionally placing another person in reasonable apprehension of imminent physical injury;
- Knowingly touching another person with the intent to injure, insult, or provoke such person.
Simple assault is a misdemeanor. Under certain circumstances, however, you may be charged with aggravated assault, which is a felony.
What is aggravated assault in Arizona?
Aggravated assault is a more serious crime that results in felony charges. If convicted, you face jail time and harsher punishment, and you put your future employment in jeopardy. If you have been charged with aggravated assault, it is very important that you contact an experienced Phoenix criminal defense lawyer, who will answer your questions thoroughly and explain your rights. The dividing line between assault and aggravated assault is not always clear, and can become very complex depending on the circumstances.
For example, assault becomes aggravated assault when you commit assault, but also:
- Cause serious physical injury to another;
- Use a deadly weapon or dangerous instrument;
- Enter a private home with the intent to commit assault;
- Are 18 or older and assault someone who is 15 or younger;
- Know that the person is a peace officer or a person officially summoned and directed by the officer;
- Know the victim is a teacher or school employee who is on school grounds, in any part of a building or vehicle used for school purposes, or otherwise performing professional duties;
- The victim is physically restrained or the capacity to resist is substantially impaired;
- Know that the victim is a fire fighter, paramedic, or other medical professional performing an official duty;
- Use any means of force that causes temporary but substantial disfigurement, temporary but substantial loss or impairment of any body organ or part, or a fracture of any body part.
The laws differ somewhat if you already have been imprisoned and commit assault. Aggravated assault is a very serious crime that can have a long-term impact on your life. Contact one of our Arizona aggravated assault lawyers today at 888-929-5292 so we can answer your questions and explain your rights. Our first consultation is free, and we also offer a free book: Arizona Criminal Law – What You Must Know.
Similar to Arizona Ponzi schemes, pyramid schemes are illegal and usually end in disaster for everyone involved. In a pyramid scheme, you pay a sum to get in on what seems like a legitimate opportunity, but you must recruit new investors in order to get paid. The person at the top of the pyramid gets a cut from each new recruit, sometimes making a large amount of money this way. The problem occurs as more and more people are recruited, since the returns become increasingly smaller for the investors at the bottom of the pyramid, until the entire scheme collapses.
Many pyramid schemes come under the guise of legitimate investments or opportunities, but you run into trouble as more and more people are required to keep the pyramid going. For example, in a model where each recruit must recruit six more, the number of new recruits required actually exceeds the population of the world by the 13th level! It pays to be careful where and how you make your money, but sometimes it’s impossible to tell if an opportunity is really a pyramid scheme or not.
If you have been accused of being involved in an Arizona pyramid scheme, give the Phoenix criminal defense attorneys at Curry, Pearson & Wooten a call today at 1-888-929-5292. During your free consultation, we can help answer your questions and explain your rights. Don’t forget your free copy of our book, Arizona Criminal Law – What You Must Know.
The Ponzi scheme has become prevalent in recent years, especially with the poor economy and so many folks scrambling to stash their remaining cash in high-return investments to weather the storm. Ponzi schemes are like many other Arizona white-collar crimes in that public opinion seems to be that such “schemes” are run only by very, very rich people who specifically plan the scam to take their unsuspecting clients’ money. However, the truth is that many Ponzi schemes are not due to malice, but are actually born of pure bad luck, bad planning, or panic.
What is a Ponzi scheme?
A Ponzi scheme is an investment scheme in which investors are promised high returns, generally within a short amount of time, but in actuality, the money is never invested and instead goes to paying off earlier investors to “keep up appearances.”
How does a legitimate investment opportunity become an Arizona Ponzi scheme?
Some Ponzi schemes start out as completely legitimate investments, but begin to do poorly over time or don’t work out as planned. As money becomes tighter, or as news of progress becomes worse, the person offering the investment begins to panic and pays some dividends straight from new investors, hoping that things will improve soon. It all spirals downhill as the cash is funneled into business expenses and paying off earlier investors, until the whole thing topples.
What can I expect if I’m accused of running a Ponzi scheme?
If you are accused of running a Ponzi scheme or a similar Arizona financial scam, you may face charges on the state level, the federal level, or both. Often, other additional charges can complicate your case, including charges of mail fraud, bank fraud, or wire fraud. If convicted, you may be facing extensive fines and years in prison.
If you or a loved one has been accused of running a Maricopa County Ponzi scheme, contact the Phoenix criminal defense lawyers with Curry, Pearson & Wooten right away at 1-888-929-5292. Our goal is to make a difference in the life of each and every one of our clients. We offer a free consultation and clear, honest answers about the options for your Phoenix criminal case. We also offer a free, informative book to help you understand more about your rights: Arizona Criminal Law – What You Must Know.
You may have read our recent article about white-collar crime in Arizona, but what about blue-collar crime? We hear about these types of crime all the time, but it can be difficult to understand what they really mean. You probably don’t even think much about such crimes-until you or a family member faces charges in Arizona.
The term “blue-collar crime” refers to any criminal act committed by a member of a lower social class. While those of higher social status can commit crimes such as embezzlement or bank fraud, those of lower social status usually don’t have access to the kinds of resources that make white-collar crime possible. Blue-collar crime is generally dominated by violence and property damage, as opposed to fraud or embezzlement. Examples of Arizona blue-collar crime include:
Typically, police are more active in enforcing the laws relating to blue-collar crime, and courts are more likely to impose severe penalties. If you or a family member has been accused of vandalism in Phoenix or are otherwise involved in a criminal case in Maricopa County, give our compassionate Arizona criminal defense lawyers a call today at 1-888-929-5292. To thank you for stopping by, we’d also like to give you a free copy of our book, Arizona Criminal Law – What You Must Know.
Edwin Sutherland, a sociologist, coined the term “white-collar crime” in 1939, defining it as “a crime committed by a person of respectability and high social status in the course of his occupation.” The FBI defines white-collar crime as “those illegal acts which are characterized by deceit, concealment, or violation of trust and which are not dependent upon the application or threat of physical force or violence.” The definition seems to vary, and it actually has been hotly contested by experts for years. Understanding white-collar crime can be difficult, and this is especially true when you’ve found yourself or a loved one accused of acts such as bank fraud, counterfeiting, or bribery.
What are some examples of white-collar crime in Arizona?
Definition aside, perhaps the best way to understand white-collar crime in Arizona is to look at the types of crime that fall under its umbrella. White-collar crimes include:
- Bank fraud, which is attempting to obtain money or assets from a bank or other financial institution through fraudulent means.
- Blackmail, which is attempting to obtain money from a person in return for not revealing potentially compromising information.
- Bribery, which is using the gift of money or other items in order to change the recipient’s behavior.
- Embezzlement, which is taking money or property that has been entrusted to you but belongs to your company or someone else.
- Counterfeiting, which is creating an imitation of currency or another item in order to pass it off as the real thing.
Ultimately, white-collar crime can be a complicated and slippery term. Unfortunately, many court cases involving white-collar crime also become complicated quickly. Those who commit so-called white-collar crimes often walk the line between legitimate business activity and criminal offense.
If you or a loved one has been accused of white-collar crime in Arizona, contact a Phoenix criminal defense lawyer as soon as possible at 1-888-929-5292. We are devoted to helping our clients with complicated cases, and can offer clear, honest answers to your questions. For further reading, we recommend you request a FREE copy of our book, Arizona Criminal Law – What You Must Know.
If your child has been arrested in Arizona, the police and court officials will need to make a decision on how to handle the case and whether or not to file formal charges. This is a crucial point in the process, and a lot of factors come into play that will impact the future of your child’s case. In order to be prepared, keep in mind that the following will be taken into account when deciding whether or not to file formal juvenile charges:
- Your child’s age
- Your child’s past record
- The severity of the offense
- The presence or absence of an Arizona juvenile offense attorney
- Your child’s attitude toward the offense and how well you are able to control him or her
- The evidence in the case
And while that list covers most of the “official” considerations, you can be assured that in most cases the following “unofficial” considerations will also have an impact:
- Your child’s appearance
- Your socio-economic status
- Whether your child is male or female
- Your child’s ethnicity
- Your child’s attitude and behavior when speaking to officials
If your son or daughter has been arrested, it is in your best interest to schedule a free consultation with an Arizona criminal defense lawyer as soon as possible at 1-888-929-5292. Let us calm your fears, answer your questions, and explain your rights in an environment where you are treated like a real person with real concerns. We look forward to speaking with you.
As a parent, it is scary to see your minor child arrested in Arizona. There are a lot of unknowns, and you fear for your child’s future if he or she has to carry a criminal record into adulthood. For the most part, juvenile crimes are exactly the same crimes for which adults are tried. The main difference is that your child may be tried in juvenile court, which generally focuses more on rehabilitation. However, if the crime is serious enough, a child can still be tried in an adult court, with adult consequences.
Is it possible for my child to avoid going to court?
Fortunately, not every juvenile suspect is immediately handed to the court system. Police may decide to detain the child or refer the child to a court official who can decide how to handle the situation. At this stage, a decision is generally made to dismiss the case altogether, handle it “off the record,” or go ahead and file formal charges.
Who can be tried in Arizona juvenile court?
While a juvenile is defined by most states as any individual under the age of 18, it’s a bit more complicated when talking about Arizona juvenile crimes. In general, juvenile court applies to:
- Any child over the age of 7: For the most part, children under the age of 7 are not considered to be capable of intent, and thus cannot be tried in any court. In some cases, however, the parents can be tried instead.
- Any child between the ages of 7 and 15: Such an individual is generally a very good candidate for juvenile court, although it depends on the circumstances and severity of the crime.
- Any child between the ages of 15 and 18: Such an individual may initially go through juvenile court, but it is becoming increasingly common for individuals in this age group to be transferred and tried as adults, especially for serious crimes.
What kind of outcome can I expect?
For more minor crimes, your child may be ordered to complete:
- Community service
- Formal letter of apology
For more serious crimes, your child could be confined in a juvenile facility or be transferred to an adult court to be tried as an adult.
Ultimately, even if you go through juvenile courts, your child could still end up with a criminal record, which can negatively impact future educational and employment opportunities. Speaking with an experienced Phoenix juvenile offense lawyer as soon as possible can help protect your child’s future. Give us a call today at 1-888-929-5292, and request a copy of our FREE legal book, Arizona Criminal Law – What You Must Know, which can help you make sense of what is happening.
Arizona post-conviction relief petitions (PCR) are governed by Rule 32 of the Arizona Rules of Criminal Procedures. Many people become confused and believe that PCR petitions and Rule 32’s are separate items. However, they are not. They are one in the same. In fact, PCR petitions are often called a “Rule 32.”
Why a PCR petition/Rule 32?
A PCR petition is the only option a person has when it becomes necessary to appeal a conviction when that person either:
- Entered a guilty plea
- Admitted to violating their probation
If a guilty verdict was reached via a bench or jury trial
If a person was found guilty either by a bench or jury trial, that person has the right to file a Direct Appeal. In the event that appeal is denied, they can still file a Rule 32. It is important to note that Direct Appeals and PCR petitions are different from one another.
Order your free copy of our book
Call us today for more information about your criminal case and/or to learn more about post-conviction relief petitions (Rule 32). You can also order our free book, Arizona Criminal Law – What You Must Know.
If you are looking to file a post-conviction relief petition, contact one of our Arizona criminal defense attorneys at the law firm of Curry, Pearson & Wooten, PLC by calling 602-258-1000 or toll free at 1-888-9AZLAWCOM (888-929-5292).
Internet-based crimes come in all fashions. Authorities deal with Arizona Internet crimes very seriously. These types of crimes can be very costly, difficult to defend, and can lead to serious consequences.
Common types of internet crimes
Common types of computer/internet crimes include, but are not limited to:
- Computer crimes against children
- Identity theft
- Illegal downloading, including child pornography
- Credit card theft
- Cyber stalking
- Internet sex crimes
- Internet threats
- Phishing scams
Common consequences for Internet crimes
If you are found guilty of committing an Internet crime, you could face:
- Prison time
- Being forced to pay restitution
You can face multiple counts for the same crime
A defendant often faces multiple counts for the same crime because the jurisdiction in many Internet crimes is shared by local, state, and federal authorities.
You need to speak with an attorney immediately if you have been accused of committing an internet-based crime. Call us today to order our free book, Arizona Criminal Law: What You Must Know.
If you have been accused of committing an internet crime, contact one of our Arizona criminal defense attorneys at the law firm of Curry, Pearson & Wooten, PLC by calling 602-258-1000 or toll free at 1-888-9AZLAWCOM (888-929-5292).
It probably felt like all was lost when you were found guilty of an Arizona crime. You may be facing several years, even decades in prison. Is there any hope?
There is something known as a post-conviction relief proceeding that could help you or a family member if convicted of a crime. Basically, a person has the right to have his or her criminal conviction or sentence reviewed by a court to determine if any mistakes were made along the way. This is often referred to as a post-conviction proceeding or Rule 32 proceeding.
Become Familiar with Rule 32
Post-conviction relief proceedings fall under Rule 32 of the Arizona Rules of Criminal Procedures. Even if you appealed a conviction after a trial and it was denied, you may still be able to pursue a Rule 32 proceeding. Keep in mind that direct appeals and Rule 32 proceedings are not the same thing.
There are some important issues that you need to be aware of regarding Rule 32:
- There are time limits. If you miss a deadline, you may forfeit your right to have the court review the conviction. It is therefore imperative that you talk with a Phoenix criminal lawyer right away.
- A post-conviction relief proceeding may reduce a sentence or correct errors. Many people make the mistake of believing that the proceeding is used to reduce a sentence only. The reality is that it is sometimes used to fix errors made by the trial court or at the time of sentencing.
- Hiring an attorney is highly advisable. Since there are many time limits regarding post-conviction proceedings and complex factors involved, it is in your best interest to work with an experienced Arizona criminal lawyer.
Make Sure You’re Informed
To learn more about criminal law in our state, order our FREE book, Arizona Criminal Law: What You Must Know. It will guide you through the complex legal system, including what to expect before, during and after trial.
For advice about your specific case, contact one of our Phoenix criminal lawyers by calling 602-258-1000 or toll free at 1-888-9AZLAWCOM (888-929-5292).
“Information at your fingertips.”
That is how Bill Gates described personal computing in the early 1990s. Since his notorious speech, much has evolved and the computer has become the gateway to the World Wide Web.
The Internet is now a resource for people looking for facts, figures, products, services and even entertainment. Over the years, the Web has also been associated with crime.
If you or a family member has been accused of an Internet crime in Arizona, don’t dismiss the charges as being minor. Internet crime is considered a serious criminal offense in our state and the prosecution will do all that is within their power to make sure you pay the price for your alleged wrongdoing.
What’s Considered an Internet Crime?
An Internet crime sounds ambiguous, but the law is pretty specific about what is considered a cyber crime. Some of the most common charges brought in our state include the following:
- Identity theft
- Solicitation of minors
- Child pornography
- Cyber stalking
- Internet threats
- Computer hacking
Over the years, as the popularity of the Internet has increased, so have the penalties for cyber crimes. If you have been accused of an Internet crime in Arizona, you could be looking at time in prison and fines, not to mention a damaged reputation.
How Our Phoenix Criminal Lawyers Can Help You
Whenever you are accused of a crime, you have a lot at stake. You need to consider the impact the conviction will have on you, your family and your future. It is crucial that you work with a Phoenix criminal lawyer who can build a strong defense on your behalf. Not every attorney is experienced in handling Arizona Internet crimes. Make sure the one you choose has a strong background in this area of law and has achieved successful results for his or her clients.
To obtain personalized legal advice about your specific criminal case, contact one of the Arizona criminal lawyers at the law firm of Curry, Pearson & Wooten, PLC by calling 602-258-1000 or toll free at 1-888-9AZLAWCOM (888-929-5292).
Be sure to order our FREE book, Arizona Criminal Law: What You Must Know. It will educate you on the legal process and what to expect.
Whether you were charged for intentionally killing another human being or for acting negligently and causing someone’s death, you are facing a grave situation. Arizona prosecutors want nothing more than to see people pay the price for their alleged crimes. You will be no different. If it is believed that you have committed homicide, understand that you are in for the battle of a lifetime.
What You Might Have Been Charged With
Arizona homicide charges carry some of the most severe consequences when it comes to crimes in our state. Depending on the allegations against you, there is a very good chance that you could be facing life in prison, if convicted. While the general definition of homicide might be vague – the killing of one person by another – there are various degrees and forms of this crime. Below is a list of some of the homicides that often arise in Arizona:
- First degree murder
- Second degree murder
- Vehicular homicide
- Vehicular manslaughter
- Negligent homicide
Know Your Rights Following a Homicide Charge
You have rights under the law, including the right to be presumed innocent until proven guilty beyond a reasonable doubt and the right to a trial by a jury of your peers. Among these important rights is the right to consult with an attorney. When you are facing homicide charges, consulting with a Phoenix criminal lawyer is exactly what you should do.
There is a lot at stake when you are accused of murder, manslaughter or homicide. Choosing the right lawyer to represent your case should be the first action you take. Your attorney can make a big difference in the outcome of your case, so make sure you choose wisely.
If you have been accused of homicide or another crime, contact the Arizona criminal lawyers at the law firm of Curry, Pearson & Wooten by calling 602-258-1000 or toll free at 1-888-9AZLAWCOM (888-929-5292). You can also fill out our online form.
We have written an informative book, Arizona Criminal Law – What You Must Know, which will guide you through the criminal law process, letting you know what to expect. This book is offered for FREE.
Being charged with an Arizona discharge of a deadly weapons offense is a serious matter. Understanding the basics behind an Arizona weapons charge is critical.
What is the definition of a deadly weapon?
First, you need to understand how the state of Arizona defines a deadly weapon. A “deadly weapon” is anything designed for lethal use that includes, but is not limited to, firearms. A weapons charge can result when that deadly weapon is used to cause harm to another person.
Penalties associated with a weapons charge
There are many factors that will be considered in determining the severity of your charges, as well as any penalties associated with your charges. A conviction can result in:
- A misdemeanor or a felony charge
- Prison time
Potential factors that can affect your case
Again, there is a wide array of factors that can affect your case and the penalties associated with your case. They include, but are not limited to:
- If anyone was injured
- The severity of those injuries
- Previous criminal record
- Type of weapon used
Your defense strategy is critical to avoid being found guilty. Call us today to learn more and to order our free book, Arizona Criminal Law – What You Must Know.
If you have been accused of an Arizona weapons charge, contact one of our Arizona criminal defense attorneys at the law firm of Curry, Pearson & Wooten, PLC by calling 602-258-1000 or toll free at 1-888-9AZLAWCOM (888-929-5292).
Have you been accused of an Arizona discharge of a deadly weapon charge? If so, there are a few things you should know about this serious accusation.
Definition of a deadly weapon
According to the state of Arizona, a “deadly weapon” is anything designed for lethal use, including a firearm. Though it is not illegal to have a deadly weapon, it is illegal to use that deadly weapon to cause harm to another person.
Types of weapons included
Many people are under the impression that an Arizona weapons charge is limited to guns. However, other types of weapons include, but are not limited to:
- Other sharp weapons
- Anything used to cause harm against another person
Types of misconduct involving weapons
You can be charged with a weapons charge for the following misconduct:
- Discharging a firearm
- Displaying a firearm
- Concealing a weapon
- Unlawful gun possession
- Assault with a deadly weapon
- Using a weapon in a threatening manner
- Possessing a weapon if you are a felon
If you have been accused of committing an Arizona weapons charge, contact one of our Arizona criminal defense attorneys at the law firm of Curry, Pearson & Wooten, PLC by calling 602-258-1000 or toll free at 1-888-9AZLAWCOM (888-929-5292).
According to a recent Arizona law, you can carry a concealed firearm without a permit. Governor Jan Brewer signed Senate Bill 1108 into law in the summer of 2010. Now U.S. citizens who are 21-years-old or older can carry a concealed firearm without having to apply for a permit in Arizona. However, if you use that concealed firearm or another dangerous instrument with the purpose of causing harm or damage, you could be charged with an Arizona weapons offense.
The definitions relating to weapons offenses can be found in Arizona Revised Statutes § 13-105 (12) and (15). Under the law, a dangerous instrument can be “anything that under the circumstances in which it is used, attempted to be used or threatened to be used is readily capable of causing death or serious physical injury.” A deadly weapon is defined a little differently. It is basically something that is “designed for lethal use,” of which a firearm is a prime example.
Common Arizona Weapons Offenses
Any of the following activities involving weapons could lead a criminal offense:
- Discharging a firearm illegally
- Possessing a stolen weapon
- Possessing an illegal weapon
- Using a weapon to commit a crime
- Assaulting someone with a deadly weapon
- Committing a drive-by shooting
- Violating parole by possessing a firearm
The prosecution will not go easy on you if they believe you have committed a criminal offense involving a weapon. You could be facing a jail or prison sentence. The consequences could be even worse if someone was injured.
Before you do anything regarding the accusations against you, contact a Phoenix criminal lawyer. You need a qualified and experienced attorney on your side who will defend you against the allegations.
For a free case evaluation or to simply have your questions answered, contact the Arizona criminal lawyers at the law firm of Curry, Pearson & Wooten, PLC by calling 602-258-1000 or toll free at 1-888-9AZLAWCOM (888-929-5292). You can also fill out our online form to get in contact with one of our attorneys.
Be sure to order your FREE copy of our book, Arizona Criminal Law – What You Must Know. It will provide insight into how criminal cases are handled in our state.
Being accused of an Arizona sex crime is serious and can leave you facing extreme consequences, including prison time. It can also lead to embarrassment and humiliation, not only for you, but for your family, as well.
Types of Arizona sex crimes
There are many types of sex crimes that you can be accused of, including, but not limited to:
- Child pornography
- Sexual assault
- Sexual misconduct
- Sexual conduct with a minor
- Child abuse
- Cyber crimes
Possible defenses if you are accused of a Sex Crime
Again, an Arizona sex crime is a serious matter, and your defense strategy is paramount to avoiding a guilty verdict. Potential defenses include:
- Factual innocence
- Citing insufficient or tainted evidence
- Proving mistaken identity
- Proving there was consent
One of the first steps you should take if you are accused of a sex crime is to contact a criminal law attorney. Your freedom will depend on it. Also, order a copy of our free book, Arizona Criminal Law – What You Must Know.
If you have been accused of committing a sex crime, contact one of our Arizona criminal defense attorneys immediately at the law firm of Curry, Pearson & Wooten, PLC by calling 602-258-1000 or toll free at 1-888-9AZLAWCOM (888-929-5292).
If you are facing an Arizona assault charge, then you should understand the differences between simple assault and aggravated assault.
An Arizona simple assault charge, or misdemeanor assault, can result when you:
- Put someone else in fear of bodily harm
- Touch another person with the intent to cause physical injury
- Cause physical injury to another person
Penalties of simple assault charges
If you are convicted of a simple assault charge, you could be:
- Sentenced up to 12 months in prison
- Fined up to $2,500
Aggravated assault charges are more serious and result when:
- You cause serious physical injury
- Your crime was committed with a deadly weapon
- You cause temporary but significant disfigurement or fracture to another person
- The assault occurred after you entered someone’s private residence
- The victim is a police officer, firefighter, teacher, medical professional, or prison guard
Aggravated assault is considered a class 3 felony and can result in a long prison sentence. If you have been charged with a simple or aggravated assault charge, contact an Arizona aggravated assault lawyer today to order a copy of our free book, Arizona Criminal Law – What You Must Know.
Also, contact one of our Phoenix criminal lawyers at the law firm of Curry, Pearson & Wooten, PLC by calling 602-258-1000 or toll free at 1-888-9AZLAWCOM (888-929-5292).
Your situation might seem bleak, if you have been accused of robbery in Arizona. You may have resigned yourself to the thought of serving years in prison. However, there may be a defense that applies to your case.
Robbery is defined under Arizona law (A.R.S. § 13-1902) as “taking any property of another from his person or immediate presence and against his will, such person threatens or uses force against any person with intent either to coerce surrender of property or to prevent resistance to such person taking or retaining property.” It is a class 4 felony.
If you are convicted of robbery in Arizona, you could be facing a lengthy jail sentence, but your problems won’t stop there. A felony on your criminal record could prevent you from obtaining the job you want and could therefore impact your future for years to come. You do not want a criminal record that will continue to haunt you, even after you have served your time.
It is important that you take action when you are accused of robbery. That means you need to contact an experienced Phoenix criminal lawyer, who will defend you and work to protect your interests. Again, there are often defenses for robbery charges. An Arizona Robbery lawyer may be able to help you avoid jail time.
Arizona Criminal Lawyers Who Will Look Out For You
At the law firm of Curry, Pearson & Wooten, PLC, our Arizona criminal lawyers look out for the best interests of our clients and ensure that their rights are protected. As our client, we will do the same for you.
We know that you probably have a lot of questions and concerns regarding the accusations against you. That is why we will make ourselves available to you to answer your questions and explain your legal rights.
Contact on of our Phoenix criminal lawyers today by calling 602-258-1000 or toll free at 1-888-9AZLAWCOM (888-929-5292).
Make sure you order a FREE copy of our book, Arizona Criminal Law – What You Must Know. It will open your eyes to how criminal cases are handled in Arizona.
Have you recently been accused of an Arizona auto theft crime? If so, there are certain things that you should know about the auto theft charges you face.
About auto theft charges
Auto theft charges, also referred to as “Theft of Means of Transportation,” are considered a class 3 felony in Arizona.
Convicting a person of auto theft charges
In order for you to be convicted of auto theft, the prosecution must prove:
- That you knowingly took a vehicle without permission or legal authority
- That you controlled, converted, or obtained another person’s vehicle knowing that the vehicle you were taking belonged to someone else
- That you controlled, converted, or obtained a vehicle that you knew was stolen
Penalties resulting from auto theft charges
If you are convicted of auto theft, you could face the following:
- Jail time
- Supervised probation
Being charged of an auto theft crime is a serious matter. Contact us today to order your copy of our free book, Arizona Criminal Law – What You Must Know.
If you have been accused of an auto theft crime, contact one of our experienced Arizona criminal lawyers at the law firm of Curry, Pearson & Wooten, PLC by calling 602-258-1000 or toll free at 1-888-9AZLAWCOM (888-929-5292).
Sometimes emotions can rise and situations can get heated quickly. If you have been accused of aggravated assault in Arizona, you need to know what you will be facing.
According to Arizona law, aggravated assault comes in many forms. If you cause serious physical injury to another or use a deadly weapon or dangerous instrument, such as a firearm, you could find yourself on the wrong end of an Arizona aggravated assault case.
What Will Happen If You’re Convicted
An aggravated assault charge is a serious problem. You could be looking at several years in prison. Not only will your freedom be taken away, you could be faced with a lifetime of repercussions, as you will have a felony charge on your criminal record.
If you have been accused of aggravated assault, you need to contact a Phoenix criminal lawyer immediately. An experienced attorney will be able to review your situation and determine any possible defenses. Your attorney’s goal will be to get the charges dropped or lessened to a charge that is not as serious.
You Need Help From an Experienced Firm
When you are accused of a crime in Arizona, the odds are not stacked in your favor. The prosecution will work hard to ensure that you pay for the alleged crime. You need to make sure that there is someone in your corner, looking out for you and your family.
At the law firm of Curry, Pearson & Wooten, PLC, we know what it takes to build a strong defense for our clients who are facing aggravated assault charges and we may be able to help you. To learn more or for a free case evaluation, contact one of the experienced Phoenix criminal lawyers at our firm by calling 602-258-1000 or toll free at 1-888-9AZLAWCOM (888-929-5292). We will be more than happy to answer your questions and explain your legal rights.
Don’t leave our website before ordering a free copy of our book, Arizona Criminal Law – What You Must Know.
“Theft” is a broad term that can have many meanings, as well as various consequences. If you have been charged with theft in Arizona, you need to familiarize yourself with your specific charge, as well as the law.
Under Arizona Revised Statute § 13-1802, theft could mean that someone controlled “property of another with the intent to deprive the other person of such property,” without legal authority. It could also mean that an individual knowingly and unlawfully took “control, title, use or management of a vulnerable adult’s property while acting in a position of trust and confidence and with the intent to deprive the vulnerable adult of the property.” There are many forms of theft, as defined by the law.
Have you been accused of one of the following types of theft?
Below are some of the common theft charges that arise in our state:
- Auto theft
- Issuing a bad check
- Credit card theft
- Identity theft
Theft in Arizona may be classified as either a misdemeanor or felony. The punishment will of course depend on the severity of the charge and the value of the property allegedly stolen. For example, if you are found guilty of stealing an automobile, it could be considered a class 3 felony and you could be looking at close to 9 years in prison for a first-time offense.
We May be Able to Help You
If you are facing theft charges, you need to proceed cautiously. A conviction will stay on your criminal record and could haunt you for years to come. You could also be faced with jail time and other penalties.
At the law firm of Curry, Pearson & Wooten, PLC, we know how to build strong defenses for our clients to either get their charges dropped or lessened. For more information or a free case evaluation, contact an experienced Phoenix criminal defense attorney at our office by calling 602-258-1000 or toll free at 1-888-9AZLAWCOM (888-929-5292). We will make sure your rights are protected under the law.
Be sure to order a free copy of our book, Arizona Criminal Law – What You Must Know.
Have you recently been cited for an Arizona criminal traffic violation and considering pleading guilty? If so, there are some things that you should know.
When you plead guilty to a criminal traffic violation, you are essentially admitting that you committed the infraction that you were cited for.
Potential penalties concerning your guilty plea
If you plead guilty, you can expect penalties that may include:
- Points on your driving record
- A monetary fine
- Possible suspension or restriction of your driving privileges
- Community service
- Possible jail time
- Required education classes ordered by the court
In the event that you receive a fine
If you are fined for your infraction, you must be prepared to pay your fine on the date of your hearing. Failure to do so could result in an additional fee. You can pay your fine:
- At the court via cash, check or credit card
- Through the Internet at www.westernunion.com/corrections
- By calling Western Union at (800) 634-3422
- By visiting any Western Union location
Whether you are considering pleading guilty, not guilty, or no contest to a criminal traffic violation, you can learn more by ordering our free book, Arizona Criminal Law – What You Must Know.
If you have been cited for a criminal traffic violation, contact one of our Arizona criminal defense attorneys at the law firm of Curry, Pearson & Wooten, PLC by calling 602-258-1000 or toll free at 1-888-9AZLAWCOM (888-929-5292).
If you are currently serving probation for a criminal offense, you need to understand the common types of Arizona probation violations and the consequences associated with a violation. Probation is a better option than prison, and you need to do everything you can to avoid violating it.
Eight common probation violation scenarios
There are several things that could violate your probation, such as:
- Leaving the jurisdiction without the appropriate approval
- Failing to return to the jurisdiction by the appointed time
- Contacting a person who has issued an order of protection against you
- Participating in another crime
- Failing to report to your probation officer
- Not passing a drug test
- Failing to attend any court-ordered treatment programs or courses, such as anger management or AA
- Failing to pay any court-ordered restitution
Consequences of a probation violation
If you violate your probation you could be subject to:
- Having your probation revoked
- Having your original sentence invoked
- Immediate jail time
If you are facing possible probation or have had a bench warrant issued against you for violating your parole, speak with one of our experienced criminal defense attorneys. You can also order our free book, Arizona Criminal Law – What You Must Know.
If you have been accused of committing a crime, contact one of our Arizona criminal defense attorneys at the law firm of Curry, Pearson & Wooten, PLC by calling 602-258-1000 or toll free at 1-888-9AZLAWCOM (888-929-5292).
Though the photo radar cameras have been removed from the Arizona freeways, law enforcement is still out in full force to bust speeders. A speeding ticket can leave you facing a costly Arizona civil or criminal traffic violation.
Your rights following a civil traffic violation
If you are facing a civil traffic violation, you have certain rights. You have the right to:
- A civic traffic hearing before a justice of the peace or a civil traffic hearing officer
- Be represented by counsel
- Question and cross-examine witnesses who testify against you
- Present evidence on your behalf
- Appeal the outcome of your civic traffic hearing
Your rights following a misdemeanor or criminal traffic violation
In a civil traffic violation, you have the right to:
- A trial before a justice of the peace, and sometimes, before a jury
- Be represented by an attorney during the entire process
- Question and cross-examine witnesses who testify against you
- Have subpoenas, at no cost to you, issued to compel witnesses to attend your trial
- Remain silent
- Be presumed innocent until proven guilty beyond a reasonable doubt
- Appeal the outcome of your trial
Contact us today to order our free book, Arizona Criminal Law – What You Must Know.
If you have been accused of a civil traffic or criminal traffic violation, contact one of our Arizona criminal defense attorneys at the law firm of Curry, Pearson & Wooten, PLC by calling 602-258-1000 or toll free at 1-888-9AZLAWCOM (888-929-5292).
Probation is obviously better than being behind bars. However, just because you are no longer in jail, doesn’t mean you have your full freedom. When you are on probation, you must adhere to certain conditions set by the court.
What happens if the conditions of probation are violated? According to Arizona law, the court “may revoke probation in accordance with the rules of criminal procedure at any time before the expiration or termination of the period of probation” (§13-901). In more simplified terms, if you violate your probation, you could go to jail.
Probation Violations Could Land You Behind Bars
Rapper DMX is a prime example of what can happen when you violate probation. News hit in November 2010, when rapper DMX found himself back in jail in Arizona. The Maricopa County sheriff’s office stated that he was arrested for violating his probation. CNN television affiliate KTVK reported that rapper DMX was allegedly using drugs, including cocaine and OxyContin (without a prescription).
What’s Considered a Probation Violation?
There are many ways that probation could be violated and you need to make sure that you are aware of these possible infractions. Some of the most common situations include the following:
- Failure to pay fines
- Failure to enroll in treatment programs ordered by the court
- Possession of illegal drugs
- Leaving the jurisdiction without permission
- Failure to return to the jurisdiction at the time agreed
- Failure to report to the probation officer
- Committing another crime
Violating probation can have serious consequences. Even if you didn’t realize your behavior violated your probation, you could still face jail time. It is imperative that you contact an experienced Phoenix criminal defense attorney immediately. There is the possibility that you will be given a second chance and can avoid jail. A lawyer may be able to get your probation reinstated.
For more information, contact the law firm of Curry, Pearson & Wooten, PLC by calling 602-258-1000 or toll free at 1-888-9AZLAWCOM (888-929-5292). One of the knowledgeable Arizona criminal lawyers from our office will review your situation and explain your possible options.
Be sure to order a free copy of our book, Arizona Criminal Law – What You Must Know.
Are you facing an Arizona drug charge? If so, there are things you need to know about the sentencing process as it relates to your drug case.
What you should know about the sentencing process
If you plead “guilty,” “no contest,” or are found “guilty” in an Arizona drug charge, you will be sentenced. Your sentencing date will generally occur several weeks after being found guilty.
The Pre-sentence Report
Prior to your sentencing, the probation department will produce a “Pre-sentence Report,” which will include a short summary of the crime. It will also summarize your economic, educational, social, and criminal history. The court will consider this report in determining your sentence.
Possible sentencing outcomes
At the sentence hearing, the judge will decide your fate. Your sentence may include the following:
- Incarceration or jail time
- Community service
- Payment of restitution to the victim for financial losses
Contact us today to learn more about your criminal case and to order your copy of our free book, Arizona Criminal Law – What You Must Know.
If you have been accused of a drug charge, contact one of our experienced Arizona criminal law attorneys at the law firm of Curry, Pearson & Wooten, PLC by calling 602-258-1000 or toll free at 1-888-9AZLAWCOM (888-929-5292).
Not all drug crimes are the same. In an Arizona drug possession for sale charge, the state of Arizona will attempt to prove that you had illegal drugs in your possession with the intent to distribute those drugs.
Your intended use for the drugs
In a drug possession for sale charge, authorities are not claiming that you possessed the illegal drugs for personal use. Rather, they will attempt to prove that you are:
- Dealing the drugs
- Selling the drugs
- Distributing the drugs
Three main categories of illegal drugs
Arizona classifies drugs in three main categories:
- Dangerous drugs, such as LSD, ecstasy, GHB, steroids, and more
- Narcotics, such as cocaine, heroin, opium, oxycodene, and more
Even if the intent was for your personal use
Even if the drugs were intended for your personal use, you still might be charged with possession with the intent to distribute. An experienced Phoenix criminal lawyer might be able to have those charges reduced to simple drug possession.
There is a lot more you should know about your drug possession for sale charge. Your freedom may be on the line. Contact us today to order our free book, Arizona Criminal Law – What You Must Know.
If you have been accused of a drug possession for sale crime, contact one of our experienced Arizona criminal defense attorneys at the law firm of Curry, Pearson & Wooten, PLC by calling 602-258-1000 or toll free at 1-888-9AZLAWCOM (888-929-5292).
Have you ever wondered what you would do if you were pulled over for a suspected Arizona DUI? You probably understand that a DUI can come with life-changing consequences. A DUI can affect your future employment, as well as your family life. That’s why it is important that you understand your rights when it comes to blood alcohol content testing.
Police Will Check Your BAC
If a police officer suspects that you have been driving while under the influence, he or she will attempt to determine your blood alcohol content (BAC). The results will help the officer determine if you have broken any laws.
Types of BAC Tests
Police will typically use the following techniques to check your BAC:
- Blood test
- Urine test
- Breath test
You Have the Right to an Independent BAC Test
After the police have administered a BAC test, you have the right to obtain your own independent blood test. Once the officer has performed a BAC test on you, you should immediately request to be released so that you can obtain your own independent BAC test. This could drastically help your case.
You can learn more about your DUI case by ordering our free book, DUI’s in Arizona – What You Must Know.
If you have been accused of an Arizona DUI, contact an experienced Phoenix criminal defense attorney at the law firm of Curry, Pearson & Wooten, PLC by calling 602-258-1000 or toll free at 1-888-9AZLAWCOM (888-929-5292).
“You have the right to remain silent” is a popular and well-known phrase. However, many people are unsure of what it really means and when to use it. Using your Miranda rights can help you if you are ever stopped for an Arizona DUI.
What information you should provide the police officer
In the event that you are stopped by a police officer, you should provide any information that he or she requests concerning your identification. This includes:
- License information
- Insurance information
Do not answer any questions that might incriminate you
Whether or not the officer has read you your Miranda rights, it is critical that you retain your right to remain silent and avoid answering any questions that might incriminate you. The officer may try to convince you to answer incriminating questions such as:
- Do you know why I pulled you over?
- How much have you had to drink?
- Where are you coming from?
Politely let the officer know that you are going to hold off on answering his or her questions until you speak with an attorney.
Order your free book
Contact us today if you would like more information about your DUI case and to order our free book, DUI’s in Arizona – What You Must Know.
If you have been accused of driving under the influence, contact an experienced Phoenix criminal defense attorney at the law offices of AzLaw at (602) 258-1000 or (888) 9AZLAWCOM (888-929-5292).
Most of us have this phrase memorized, not necessarily because we have been read this right multiple times, but because we have heard it on movies and television shows. While this right is an important one to remember when getting pulled over for suspected drunk driving, you do have other rights as well.
Below are three rights you should know when stopped by an officer:
- You do not have to submit to field sobriety tests. Many people do not realize that they have the right to refuse this type of testing. Field sobriety tests consist of such activities as walking a straight line, standing on one leg and following an object, such as a pen with your eyes. If you fail the tests, it could lead the officer to believe that you are intoxicated and you may be arrested. The problem with field sobriety testing is that the results are often misleading and based on the officer’s subjective opinion. If you are asked to participate in a field sobriety test, politely decline.
- You can obtain an independent test to measure your blood alcohol content (BAC). Blood alcohol testing shows the percent of alcohol in the blood. BAC is calculated by taking a breath, blood or urine sample. In Arizona, with a BAC of .08 percent or higher, you will most likely be charged with driving under the influence (DUI). Since BAC is so important, you need to get an independent test done, as well. After the officer has tested your BAC, request that you be released to obtain your own test.
- You have the right to talk with a lawyer. An Arizona DUI conviction can be detrimental to your future. You need to make sure that you are protected. While the DUI investigation is in progress, you can request to speak with a Phoenix criminal defense attorney. The officer is required to give you the chance to talk with a lawyer, as long as it doesn’t impede the investigation.
You have many additional rights when facing DUI charges, which are explained in our book, Arizona DUI Law: What You Must Know. The book is offered for free, so make sure you order your own copy.
For advice regarding your DUI case, contact an experienced Phoenix DUI attorney at the law firm of Curry, Pearson & Wooten, PLC by calling 602-258-1000 or toll free at 1-888-9AZLAWCOM (888-929-5292).
White collar crimes come in all shapes and sizes.
There are many types of white-collar crimes, such as bribery and forgery. A person can be convicted of bribery if it can be proved that he or she gave a bribe to a public servant with the intent of influencing a vote, opinion, or judgment in that servant’s official capacity. This specific crime in considered a class 4 felony.
Forgery is also a class 4 felony and is committed when a person purposely defrauds someone by falsely making, completing, or altering a written instrument. Forgery is also committed when a person knowingly possesses a forged written instrument or offers a forged instrument that contains false information.
Other types of white collar crimes include embezzlement, theft, larceny, extortion, fraud schemes, money laundering, perjury, tax evasion, and participating in organized crime and racketeering.
Penalties for white-collar crimes
Someone convicted of an Arizona white-collar crime could face a wide range of consequences, such as prison, fines, and civil charges.
Contact us today if you would like more information on white collar crimes and to order our free book, Arizona Criminal Law – What You Must Know.
If you have been accused of a white-collar crime, contact one of our Phoenix criminal defense attorneys at the law firm of Curry, Pearson & Wooten at 602-258-1000 or toll free at 1-888-9AZLAWCOM (888-929-5292).
Anytime you face criminal charges, it is terrifying, as your future becomes uncertain. Will you be incarcerated? If so, for how long? When you are accused of a drug-related crime in Arizona, you need to know what to expect and you need to ensure that your rights are protected.
The Various Types of Drug Offenses
There are numerous drug offenses outlined by the law, including the following:
- Drug possession for personal use: If you are caught carrying marijuana, a narcotic or other illegal drug, you could be charged with drug possession for personal use.
- Drug manufacturing: Cultivating marijuana or producing other drugs, such as methamphetamines, could lead to drug manufacturing charges.
- Drug trafficking: Police have been aggressively going after suspected drug traffickers. If you are accused of drug trafficking, you need to understand that you are facing a serious charge.
- Possession with the intent to sell or distribute: You don’t necessarily have to be carrying large quantities of drugs to be accused of possession with the intent to sell or distribute.
Penalties for Drug Offenses
The penalties for drug offenses in Arizona vary depending on the exact charge, the amount of drugs involved and the type of drugs in question. Also, the state will take into consideration whether the drugs were to be used for personal use or for sale.
If you are convicted of a drug crime, you could be looking at mandatory jail time. It is therefore imperative that a knowledgeable Phoenix criminal defense attorney represents you. You have too much riding on the outcome of your case to risk working with an inexperienced lawyer.
Hiring a Lawyer
Not every attorney has the appropriate resources and expertise to build a strong defense on your behalf. When determining which law firm to hire, you need to evaluate his or her track record, experience and reputation.
At the law firm of Curry, Pearson & Wooten, PLC, our Phoenix criminal lawyers are known for being attorneys “you can talk to.” Not only do we have a high success rate in criminal defense cases, we also go above and beyond for our clients. We make ourselves available to answer questions and explain the legal process.
For more information, contact us by calling 602-258-1000 or toll free at 1-888-9AZLAWCOM (888-929-5292). You should also order a free copy of our book, Arizona Criminal Law – What You Must Know.