Common Questions: Phoenix Criminal Defense

Should I involve a criminal defense lawyer if I'm only a suspect and no charges have been filed against me?

At this point, you may not be in custody. Charges may not have been filed against you…yet. Even if you have only been contacted by law enforcement and are currently under investigation for a criminal offense, it is still important and may certainly be beneficial to involve a Phoenix criminal defense lawyer. During the investigatory stage of your case, a lawyer can begin working to protect your rights and can actively fight to help you avoid having charges filed in the first place.

What will happen if I was the victim of an unreasonable search and seizure?

In a situation where law enforcement has conducted a search and seizure of evidence without a lawful warrant or probable cause, your attorney may be able to file a motion to suppress evidence. Under the Fourth Amendment to the Constitution, evidence gathered in an unreasonable search and seizure cannot be used as direct evidence against a defendant.

What is "self-defense" and how may this be used to challenge criminal charges?

Self-defense is a term used to describe your legal right to defend yourself, your family or your property from a real threat of harm. This would involve the use of reasonable force as protection and may be a valid defense in the face of certain criminal charges. For example, if you were accused of assaulting another person but were actually only acting to defend yourself, this may mean that your actions were legally justifiable.

What are my rights when I'm arrested by law enforcement in Phoenix, Arizona?

If you are arrested, you will be read your Miranda rights by law enforcement. This includes the right to remain silent and the right to legal counsel. Taking immediate advantage of these rights is important, as it will help ensure you do not unintentionally incriminate yourself by forgoing legal counsel in the face of criminal charges or an investigation against you.

What are some of the penalties that may be imposed for a criminal conviction?

The penalties for a criminal conviction in Phoenix will vary greatly depending on the offense itself and any aggravating factors, such as a prior criminal conviction or the use of a weapon or firearm. The types of penalties may include: imprisonment, fines, victim restitution, court fees, community service, driver's license suspension, probation, anger management counseling, rehabilitation, house arrest, sex offender registration and more.

Can I avoid imprisonment?

In some cases, a defendant may be able to secure alternative sentencing to avoid jail time. This may be formal or informal probation, community service, house arrest or rehabilitation. This option is generally only available for lesser offenses or for first-time offenders, but this may vary depending on the circumstances of your case. It's always important to discuss your unique situation with a lawyer.

Find a Phoenix Criminal Defense Attorney

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