FAQ

If you’ve been arrested, charged, or are under investigation for a crime in Arizona, you likely have questions. Here are answers to some of the most common questions I hear from clients:

1. What should I do if I’m arrested?

The most important thing to remember is: you have the right to remain silent and the right to an attorney. Do not answer questions or make statements to the police without a lawyer present, no matter how innocent you believe you are or how much pressure you feel. Politely tell officers that you want to speak with an attorney before answering any questions. Then, contact a criminal defense lawyer as soon as possible. Anything you say can and will be used against you in court—even statements you think are harmless.

2. Should I talk to the police without a lawyer?

No. Even if you believe you have nothing to hide, talking to the police without an attorney is almost always a mistake. Police officers are trained to gather evidence against you, and even innocent statements can be misinterpreted, taken out of context, or used to build a case against you. Exercise your right to remain silent and request an attorney immediately.

3. How much does a criminal defense attorney cost?

The cost of legal representation depends on the complexity of your case, the charges you’re facing, and the amount of work required. Serious felony charges that may go to trial typically require more time and resources than misdemeanor cases. During your initial consultation, I will provide a clear explanation of my fees and payment options. I believe in transparency—there are no hidden costs, and you’ll know exactly what to expect before we begin.

4. What happens at my first court appearance?

Your first court appearance is typically called an arraignment or initial appearance. At this hearing, the judge will inform you of the charges against you, advise you of your rights, and set conditions of release (bail). If you have an attorney, they will appear with you and can argue for reasonable bail conditions or release on your own recognizance. It’s critical to have legal representation at this stage to protect your interests and avoid saying anything that could hurt your case.

5. Can my charges be dismissed or reduced?

It depends on the facts of your case. In many situations, charges can be dismissed if the evidence was obtained illegally, if there are weaknesses in the prosecution’s case, or if your constitutional rights were violated. Charges can also be reduced through negotiation with the prosecutor, especially if there are mitigating circumstances or problems with the evidence. An experienced defense attorney will thoroughly investigate your case, file strategic motions, and negotiate aggressively to pursue the best possible outcome—whether that’s a dismissal, reduction, or acquittal at trial.

6. How long will my case take?

The timeline varies significantly depending on whether your case is in state or federal court, the complexity of the charges, and whether the case goes to trial. Misdemeanor cases can sometimes be resolved in a few months, while serious felony cases—especially those that go to trial—can take a year or longer. Federal cases tend to move more slowly due to complex discovery and pretrial procedures. I will keep you informed at every stage and provide realistic expectations about the timeline for your specific case.

7. What is the difference between a felony and a misdemeanor?

In Arizona, misdemeanors are less serious offenses that typically carry a maximum sentence of up to 6 months in jail and fines. Felonies are more serious crimes that can result in prison sentences ranging from one year to life, depending on the classification of the offense. Felony convictions also carry significant collateral consequences, including the loss of civil rights (such as the right to vote and possess firearms), difficulty finding employment, and restrictions on professional licenses. The distinction matters greatly in terms of penalties and long-term consequences.

8. Will I have to go to trial?

Not necessarily. Many criminal cases are resolved through plea negotiations, dismissals, or alternative resolutions without going to trial. However, I prepare every case as if it will be tried, because thorough trial preparation often leads to better negotiation outcomes and puts you in the strongest possible position. If the prosecution’s offer is not acceptable or if the evidence supports an acquittal, we will take your case to trial. The decision to go to trial is ultimately yours, and I will provide you with honest advice about the risks and benefits of each option.

9. Can I get my criminal record expunged or sealed?

Arizona does not have traditional “expungement,” but you may be eligible to have your conviction “set aside” under A.R.S. § 13-907. Setting aside a conviction means the court vacates the judgment of guilt and dismisses the charges, which can significantly improve your employment and housing prospects. You may also be eligible for restoration of civil rights, including the right to vote and possess firearms, depending on the nature of your conviction and how much time has passed since you completed your sentence. I can evaluate your eligibility and guide you through the process.

10. What is the difference between state and federal charges?

State charges are prosecuted by county or city prosecutors in Arizona state courts and typically involve violations of state law. Federal charges are prosecuted by the U.S. Attorney’s Office in federal district court and involve violations of federal law—such as drug trafficking across state lines, crimes on federal property, fraud involving federal programs, or cases investigated by federal agencies like the FBI or DEA. Federal cases tend to be more complex, involve longer investigations, and carry harsher sentencing guidelines, including mandatory minimum sentences. Both systems require experienced legal representation, but federal cases demand a lawyer who understands the unique procedures and strategies involved.

11. What should I bring to my first consultation?

Bring any documents related to your case, including arrest paperwork, charging documents, court notices, police reports, bond conditions, or any correspondence you’ve received from the court or prosecutors. If you don’t have all of these documents yet, don’t worry—we can obtain them. The most important thing is to schedule a consultation as soon as possible so we can begin building your defense.

12. How do I know if I need a lawyer?

If you have been arrested, charged with a crime, received a subpoena, or are under investigation, you need a lawyer. Even if you believe you are innocent or that the charges are minor, the criminal justice system is complex and unforgiving. A conviction—even for a misdemeanor—can have serious consequences for your employment, housing, professional licenses, and future opportunities. An experienced criminal defense attorney can protect your rights, challenge the evidence against you, and work to achieve the best possible outcome.