Best Criminal Litigation Lawyers in Tempe

About Criminal Litigation Law in Tempe, United States

Criminal litigation in Tempe, Arizona, is a branch of law that deals with the prosecution and defense of individuals or entities suspected or accused of committing crimes. In Tempe, as in the rest of the United States, criminal proceedings are governed by both state and federal laws. Law enforcement agencies like the Tempe Police Department and the Maricopa County Sheriff's Office are responsible for investigating crimes, while the Maricopa County Attorney's Office typically prosecutes criminal cases in the area. The process can range from minor misdemeanors like petty theft to serious felonies such as drug trafficking, assault, or homicide. It involves preliminary hearings, arraignment, trials, sentencing, and possibly appeals.

Why You May Need a Lawyer

If you are involved in any stage of a criminal investigation or prosecution in Tempe, having a lawyer is vital to securing your rights. Here are some common situations where legal help is essential:

• Arrest or questioning by police regarding a crime
• Receiving a summons or subpoena related to a criminal matter
• Being formally charged with a criminal offense, whether misdemeanor or felony
• Facing pretrial detention or bail hearings
• Concerns over search or seizure of your property
• Dealing with allegations of probation violations
• Needing to mount an effective defense at trial
• Facing juvenile criminal charges or navigating the juvenile justice system
• Seeking to appeal a conviction or modify a sentence
• Wanting to expunge or set aside a previous criminal conviction

A skilled criminal defense attorney understands the complexities of Arizona criminal law and courtroom procedures, and can help negotiate plea agreements, challenge evidence, and ensure your rights are protected.

Local Laws Overview

Criminal law in Tempe falls under Arizona state law and is enforced locally. Key aspects of local criminal litigation to be aware of include:

• Arizona classifies crimes into misdemeanors and felonies. Felony charges typically involve harsher penalties, including prison time.
• Sentencing guidelines are set by Arizona Revised Statutes (A.R.S.), with enhancements for repeat offenses or aggravating circumstances.
• Local law enforcement can arrest you based on probable cause. You have the right to remain silent and to legal counsel.
• DUI (driving under the influence) laws are strictly enforced in Tempe, with severe penalties for repeat offenses.
• Arizona's "three strikes" law increases sentences for repeat felony offenders.
• Drug offenses, including possession and trafficking, carry mandatory minimum sentences depending on the circumstances.
• Juvenile offenders are processed separately from adults, often in the Juvenile Court Division of Maricopa County Superior Court.
• Domestic violence, assault, and property crime laws are regularly enforced in Tempe and may carry additional penalties if children are involved or if weapons are present.

Courtrooms in Tempe include the Tempe Municipal Court for misdemeanors and Maricopa County Superior Court for felonies. Each court follows strict procedural rules from arrest through trial and appeals.

Frequently Asked Questions

What should I do if I am arrested in Tempe?

Remain calm, do not resist arrest, exercise your right to remain silent, and request a criminal defense attorney immediately. Anything you say can be used against you.

Do I need a lawyer even for a misdemeanor?

Yes, even misdemeanors can lead to jail time, fines, and a criminal record. A lawyer helps protect your rights, negotiates with prosecutors, and may help reduce or dismiss charges.

Can the police search my property in Tempe without a warrant?

Generally, police need a warrant to search your property. However, exceptions exist, such as consent, exigent circumstances, or if evidence is in plain view.

What happens at a first court appearance?

At arraignment, charges are formally presented, you may enter a plea, and the judge considers bail. You should have legal counsel present to advise you.

Are there alternatives to jail if convicted?

Yes, depending on your case and criminal history, alternatives like probation, community service, or diversion programs may be available with your lawyer’s help.

How are felonies classified in Arizona?

Felonies range from Class 6 (least serious) to Class 1 (most serious, including murder) with increasing penalties based on severity.

Can juveniles be charged as adults in Tempe?

In some serious cases, juveniles can be tried as adults with prosecution approval. Otherwise, they go through the juvenile justice system.

Is it possible to have my criminal record sealed or expunged?

Arizona allows for certain convictions to be set aside or sealed, but procedures and eligibility vary. Consult a lawyer to review your options.

How do plea bargains work?

A plea bargain is negotiation between the defense and prosecution, often resulting in reduced charges or sentencing in exchange for a guilty plea. Your lawyer will guide you through this process.

How can I find out more about my case status?

You can check online court records through the Maricopa County Superior Court or contact your defense attorney for updates on your case.

Additional Resources

If you need further guidance or support in criminal litigation matters in Tempe, consider these resources:

• Tempe Police Department - For police reports or information related to criminal investigations
• Maricopa County Superior Court - For information on court proceedings, case lookup, and filings
• Arizona Public Defender's Office - For legal representation if you cannot afford a private attorney
• Arizona State Bar - For lawyer referral services and legal aid resources
• Arizona Legal Center - Offers free legal consultations and resources
• Maricopa County Attorney's Office - For information about local prosecution guidelines and victim rights
• Arizona Department of Public Safety - For background check and criminal records services
• Community Legal Services - Provides legal help to qualifying individuals on criminal law matters

Next Steps

If you or a loved one is facing a criminal charge or investigation in Tempe, it is crucial to act promptly. Start by gathering all documentation related to your case, such as arrest records, court papers, and bail information. Avoid discussing your case with anyone except your attorney.

Contact a qualified criminal defense lawyer with experience in Tempe and Maricopa County courts. Consider scheduling a consultation to discuss your case, understand your rights, and determine the best strategy. If cost is a concern, ask about public defender services or local legal aid organizations. Be proactive in defense preparation and follow your attorney's advice at every stage of the process. Remember, early legal intervention can substantially improve your outcome in criminal litigation.