Criminal Attorney In Phoenix
Long Experience In Criminal Cases In Phoenix
In essence, Morgan Sterling law firm combines legal acumen with a deep understanding of your needs, utilizing a mix of preparation, negotiation, and trial advocacy to win cases.
Criminal Attorney in Phoenix
Criminal cases in Phoenix, Arizona, follow a structured legal process, with specific steps that vary depending on the severity of the crime.
These cases are generally handled by the Maricopa County Superior Court for felonies, and the Phoenix Municipal Court or Maricopa County Justice Court for misdemeanors.
1. Investigation and Arrest
- Investigation: Criminal cases often begin with an investigation. Law enforcement officers may gather evidence, interview witnesses, and analyze crime scenes. Investigations can range from quick inquiries to longer, more complex probes.
- Arrest: If there is probable cause to believe a person has committed a crime, law enforcement can make an arrest. Depending on the circumstances, an arrest may occur with or without a warrant. For some crimes, a suspect may be arrested at the scene, while for others, police may obtain a warrant based on evidence.
2. Booking
After an arrest, the individual is taken to jail, where they are booked. This process involves:
- Recording the suspect’s personal information.
- Taking fingerprints and mugshots.
- Searching for any weapons or contraband.
- Informing the suspect of the charges against them.
Depending on the case, the defendant may be released on bond or held in custody.
We work to ensure you receive compensation that reflects not only immediate medical expenses but also pain, suffering, and any diminished future prospects.
. First Court Appearance (Arraignment)
- Arraignment is the first formal court appearance. During this hearing:
- The defendant is informed of the criminal charges they face.
- The defendant is given an opportunity to enter a plea (guilty, not guilty, or no contest).
- The court will set bail or release conditions (such as electronic monitoring or a pretrial services program).
- A pretrial conference or further hearings may be scheduled.
For many minor charges, this hearing takes place within 24-48 hours of arrest. If bail is required, the defendant may post bond to be released from jail before trial.
4. Pretrial Process
- Pretrial Conference: If the case isn’t resolved during the arraignment, the next step is typically a pretrial conference. This is when the prosecution and defense lawyers meet with the judge to discuss the case, exchange evidence (discovery), and consider plea negotiations. The judge may also decide to set dates for trial if the case isn’t settled.
- Preliminary Hearing (for Felonies): In felony cases, a preliminary hearing may be held to determine if there is enough evidence to proceed to trial. The judge decides whether there is probable cause that a crime was committed and whether the defendant should stand trial.
5. Plea Bargaining or Trial
- Plea Bargaining: A significant number of criminal cases are resolved through plea agreements, where the defendant pleads guilty to a lesser charge or agrees to a sentence in exchange for avoiding a trial. The prosecution and defense negotiate these terms before a trial.
- Trial: If no plea agreement is reached, the case proceeds to trial. In Phoenix:
- Misdemeanors: Trials for misdemeanor offenses are typically heard in Phoenix Municipal Court or Justice Court. Misdemeanors are less severe offenses and generally carry penalties such as fines, probation, or jail time of less than one year.
- Felonies: Felony trials are held in the Maricopa County Superior Court, which handles more serious crimes like robbery, murder, and drug trafficking. Felony trials are more formal, involve a judge and jury (in most cases), and may result in significant penalties like lengthy prison sentences or even the death penalty in extreme cases.
6. Sentencing
- Sentencing occurs if the defendant is convicted (either by trial or through a guilty plea). The judge will determine the punishment, considering the severity of the crime, prior convictions, and other factors such as whether the defendant shows remorse or has cooperated with authorities.
- For misdemeanor cases in Phoenix, penalties may include:
- Jail time (up to 6 months for most misdemeanors).
- Fines.
- Probation.
- Community service.
- For felony cases in Maricopa County, penalties can be much more severe, including:
- Prison time (ranging from years to life imprisonment).
- Large fines.
- Restitution to victims.
- Probation or parole after serving a portion of a sentence.
In some cases, alternative sentencing options such as rehabilitation programs, house arrest, or electronic monitoring may be available.
7. Appeals Process
- If the defendant is convicted and believes the verdict or sentencing was unfair, they can appeal the case to a higher court. In Arizona, appeals for criminal cases are usually heard by the Arizona Court of Appeals or the Arizona Supreme Court, depending on the case’s severity and the issues involved.
- Appeals may focus on legal errors that occurred during the trial, such as improper admission of evidence or incorrect jury instructions.
8. Post-Conviction Relief
- After conviction, individuals may seek post-conviction relief. This includes filing motions to reduce a sentence, request a new trial (due to new evidence or errors in the initial trial), or seek a pardon or expungement for certain offenses (though expungement is not typically available for all crimes, especially felonies).
Types of Criminal Cases We Handle in Phoenix
Misdemeanors: Minor offenses like petty theft, assault, DUI (first offense), trespassing, and shoplifting. These cases are handled in Phoenix Municipal Court or Maricopa County Justice Court.
Felonies: Serious offenses such as murder, robbery, aggravated assault, trafficking drugs, or burglary. These cases are heard in Maricopa County Superior Court.
Special Courts: For certain types of offenses, there are specialized courts:
- Drug Court: For those facing drug-related charges, with an emphasis on rehabilitation.
- Mental Health Court: For defendants with mental health issues involved in their offenses.
- Veterans Court: For veterans charged with crimes, with a focus on treatment rather than punishment.
FYI: Key Players in Phoenix Criminal Cases:
- Law Enforcement: Police officers, detectives, and sheriff’s deputies who investigate and arrest suspects.
- Prosecutors: Represent the state and work to prove the defendant’s guilt. In Phoenix, prosecutors are typically from the Maricopa County Attorney’s Office for felony cases or the City of Phoenix Prosecutor’s Office for misdemeanors.
- Defense Attorneys: Represent the defendant and work to ensure their rights are protected. They may negotiate plea deals or provide a defense in trial.
- Judges: Preside over court hearings and trials, ensuring legal procedures are followed and ruling on motions and sentencing.
- Juries: In felony trials, a jury of peers may be tasked with determining the defendant’s guilt or innocence.
