Best Criminal Defense Lawyers in Tempe

About Criminal Defense Law in Tempe, United States

Criminal defense law in Tempe, Arizona, covers the legal protections provided to individuals accused of committing crimes within the city and surrounding areas. The field encompasses a wide range of offenses, from misdemeanors to serious felonies. Tempe follows Arizona state criminal laws, which detail what actions constitute crimes and the penalties associated with each. A criminal defense attorney advocates for the accused person's rights throughout the legal process, from investigation and arrest to trial and beyond.

Why You May Need a Lawyer

People often need criminal defense lawyers for many circumstances, not only when facing trial. Some common situations include:

• Being arrested for driving under the influence (DUI)
• Facing allegations of drug possession or drug-related offenses
• Accusations of theft, burglary, or shoplifting
• Charges involving assault, domestic violence, or violent crimes
• Being questioned as a suspect in any criminal investigation
• Receiving a court summons for criminal charges
• Needing to clear up outstanding warrants or previous convictions
• Probation violations or concerns about compliance

A criminal defense lawyer can help protect your rights, explain the charges, investigate your case, advise you on possible outcomes, and represent you in negotiations or at trial. Without legal guidance, you are at greater risk of severe penalties and long-term consequences.

Local Laws Overview

Tempe falls under Arizona’s criminal code, but certain city ordinances and procedures apply locally. Key aspects to be aware of include:

• Arizona has strict DUI laws, including zero tolerance for underage drinking and driving
• Drug offenses are prosecuted vigorously, with harsh penalties for possession, distribution, and intent to sell, especially if near schools or involving minors
• Theft and property crimes are classified based on the value and nature of the property involved, which influences sentencing
• Domestic violence cases are taken seriously, often resulting in mandatory arrest and no-contact orders
• Tempe police and the Maricopa County Attorney’s Office handle most criminal investigations and prosecutions
• Some minor offenses can be handled in Tempe Municipal Court, while serious felonies go to Superior Court
• Civil rights, such as the right to remain silent and the right to an attorney, apply at every stage, but you must assert them clearly

Understanding the local law’s nuances and how they are enforced in Tempe can make a significant difference in the outcome of a case.

Frequently Asked Questions

What should I do if I am arrested in Tempe?

Remain calm, do not resist, assert your right to remain silent, and request an attorney immediately. Do not answer questions or make statements without your lawyer present.

Can I be charged with a crime even if I was not read my rights?

Yes, but if the police fail to read your Miranda rights before an interrogation, your statements may be inadmissible in court. The case may still proceed with other evidence.

What is the difference between a misdemeanor and a felony in Arizona?

Misdemeanors are less serious offenses, usually punishable by up to six months in jail. Felonies are more severe and can result in longer prison sentences and larger fines.

What happens at the first court appearance?

The initial appearance, or arraignment, is when charges are formally read, and you enter a plea. Bail and other conditions may also be set.

What if I cannot afford a lawyer?

If you cannot afford an attorney, the court may appoint a public defender or court-appointed counsel to represent you in your case.

How are drug charges prosecuted in Tempe?

Drug charges can range from misdemeanors to serious felonies. Prosecution depends on the amount, type, and intent. Even small amounts can lead to significant penalties.

What are my rights during a police search?

You have the right to refuse consent to a search unless the police have a warrant, probable cause, or meet certain exceptions. Ask clearly if they have a warrant and do not interfere physically.

Will a criminal conviction remain on my record permanently?

Most convictions remain on your record unless you qualify for expungement or set-aside under Arizona law. Some offenses cannot be removed.

Can criminal charges be reduced or dismissed?

Yes, in some cases charges may be reduced or dismissed based on evidence, legal defenses, plea deals, or procedural errors. An experienced attorney can pursue these outcomes.

Should I talk to the police if I am innocent?

It is best to consult an attorney before speaking to the police, even if you believe you are innocent. Anything you say can be used against you, and a lawyer will help protect your interests.

Additional Resources

If you need more information or help, consider reaching out to these organizations and bodies:

• Arizona Public Defender’s Office
• Maricopa County Superior Court Self-Service Center
• Tempe Municipal Court
• Arizona State Bar Association
• The American Civil Liberties Union of Arizona
• Local legal aid organizations that provide free or low-cost legal services
• Community advocacy groups focused on criminal justice reform

Next Steps

If you are facing criminal charges or under investigation in Tempe, it is crucial to act quickly. Begin by gathering any documents or information related to your case. Avoid discussing your situation with anyone but your attorney. Contact a qualified criminal defense lawyer as soon as possible to discuss your options and next steps. A legal professional can guide you through the process, explain your rights, and develop the best strategy for your defense. Remember, early legal assistance can make a significant difference in the outcome of your case.