Accused or Charged With A Crime in Phoenix, AZ: What’s Next?
You’ve reached this page because you (or someone dear to you) are accused or charged with a crime. You are looking to discover if a Phoenix criminal defense attorney can help you in your unique situation. We are sure that this is a confusing and unsettling time and you feel like your future is uncertain. Do not lose hope. The first step is to figure out where you stand within the criminal justice system and what can be done to defense your rights.
Protecting Your Constitutional Rights and Defending Your Case
There are many factors that can alter the course of your case and ultimately the sentence that you receive if you are found guilty. A Phoenix criminal defense attorney can help you determine which of these factors are relevant to your specific situation. Without an attorney, your chances of getting the best possible outcome are minimal.
Public Defenders & Defending Yourself
Public defenders are hard working and knowledgeable lawyers. You’ve probably heard that they are lazy government lawyers and don’t work hard to do their jobs. That is not accurate. So why shouldn’t you get a public defender? First of all, it shouldn’t be assumed that you qualify for a public defender.
To qualify for a public defender, you must prove to the government that you or your family cannot afford a private attorney. The second condition to qualify for a public defender is that you must be charged with a crime that could result in imprisonment. The next problem is that public defenders are given a very high caseload. Even if you qualify based on your financial status, public defenders are just not able to devote the required amount of time and energy to provide you with the best possible representation.
You may have heard the saying: “a man who is his own lawyer has a fool for his client.” Any Phoenix criminal defense attorney has had at least 3 years of law school and many more years of experience with real cases. An individual without such experience and specific law education simply cannot know all the intricacies needed in order to properly represent themselves.
Defenses Against Phoenix Criminal Charges
You have been accused or charged with a criminal offense, but you have not been convicted yet. This is your Phoenix criminal defense attorney’s chance to gather all of the possible information and use it in your defense. What are some of the possible defenses that can result in a full dismissal of your charged or in a minimized sentence?
This is one of the most effective types of defenses that can be used by a Phoenix criminal defense attorney. In order use this type of defense, your lawyer must file a Motion to Suppress Crime Evidence. With this type of motion, evidence that was obtained inappropriately will be inadmissible in court and cannot weigh in on the decision of your guilt. This could mean the different between a guilty verdict and your case being dismissed.
The evidence obtained by the police before or after an individual’s arrest is usually the pillar of the prosecution’s case. If the police someone obtained the evidence unconstitutionally, then it could be thrown out in court, causing the prosecutions case against you to crumble. There are many scenarios that can support a Motion to Suppress and here are just a few:
- Proper interrogation by the police following the arrest
- A case of entrapment by an undercover police officer or informant
- Whether Miranda Rights were accurately read upon arrest
- Did the police have a valid search warrant
- Was the traffic stop supported by probable cause
- Were any constitutional rights violated anywhere in the process
- Was there probably cause for the arrest
You’ve heard of the saying, “beyond a reasonable doubt.” This is the extremely high burden of proof placed upon the prosecution. You are innocent until proven guilty, and you must be guilty beyond a reasonable doubt. If the prosecution cannot attain this level of proof, you cannot be criminally convicted.
What is unknown to many individuals charged with a crime is that state prosecutors often pursue charges against them without having enough evidence to support every single element in their case. A Phoenix criminal defense attorney can help determine what evidence is sufficient and where it is lacking. If it is found that the prosecution may have missing or inadequate evidence, your charged could be dismissed.
Entrapment is when the government induces you to commit a crime that you would not have otherwise been likely to commit. Usually there is an undercover cop or a confidential informant involved. If the crime you are being charged with is brought about by the use of an undercover informant than the entrapment defense may be applicable to you.
In many cases, undercover informants may falsely place or lie about evidence for their own personal gain. This is caused by incentives provided to the informants to deliver evidence against you. So it is very possible that you could need the help of a Phoenix criminal defense attorney to sort through this type of complicated scenario.
Why Hire A Phoenix Criminal Defense Attorney
After reading through all of the information on this page you probably realize that there is likely a chance to defend yourself against your criminal charges. However, you realize that the criminal justice system is a complicated game and you don’t want to go at it alone.