Criminal Defense Frequently Asked Questions
How soon should I contact a lawyer after being arrested?
As soon as possible. If you are in custody, request the officer allow you to have a private conversation with an attorney.
Do I need a lawyer if I’m innocent?
If you are charged with a criminal offense, even if you are innocent, it is important to have a lawyer who can do a proper investigation and provide the information and evidence necessary to get your case dismissed.
What happens if I violate my probation?
You may have your probation revoked, extended, or reinstated. Additional terms may include fines, jail, community service, and counseling.
What happens if I violate my parole?
If you violate your parole, or early release from prison, you may be sent back to prison to complete your sentence.
Will my case go to trial?
That will depend on a variety of factors too numerous to count. It will depend, in part, upon the strength of the case, if you or your attorney can negotiate a favorable plea offer, and the availability of witnesses.
How can I clean up my criminal record?
In Arizona, there is no expungement or erasure of a criminal record, except in very narrow circumstances that typically do not apply in a majority of cases. If you have satisfied the terms of your sentence, to include jail, payment of fines/fees/restitution, counseling, and any community service, you may petition the court to “Set Aside” the judgment of conviction. A set aside is helpful in situations where you may be applying for a job, or someone is doing a background check and you want to be able to state the judgment was set aside, which may look more favorable.
How do I bail someone out of jail?
You can post their bond at the jail, or use a Bail Bondsman to assist you in posting their bond.
The police officer didn’t read me my Miranda rights. Can my case be dismissed?
It is certainly possible, but will depend on the circumstances of the Miranda violation. It is important to note that an officer is not required to Mirandize someone unless they have been arrested, and the officer intends on questioning them further beyond basic biographical information. If an officer does not intend on questioning an arrestee, the officer is not required to read Miranda.
My child was charged with a crime. What should I do?
Seek the assistance of an experienced criminal defense attorney who can assist you through the process and protect your child’s rights.
Why am I still being charged if the victim did not want to press charges?
The State, represented by the prosecutor, ultimately has the final decision as to whether or not a case goes forward. Although a victim may not want to proceed with a case, the prosecutor will make the call and, if necessary, subpoena the victim to appear at trial.
Please note that the information contained here is for informational purposes only, and is not legal advice. For more information, see our Disclaimer.
Criminal Defense Services
Criminal Defense FAQs
- How soon should I contact a lawyer after being arrested?
- Do I need a lawyer if I'm innocent?
- What happens if I violate my probation?
- What happens if I violate my parole?
- Will my case go to trial?
- How can I clean up my criminal record?
- How do I bail someone out of jail?
- The police officer didn't read me my Miranda rights. Can my case be dismissed?
- My child was charged with a crime. What should I do?
- Why am I still being charged if the victim did not want to press charges?