CRIMINAL CASES IN ARIZONA

• Bench Warrants
• Extradition
• Bail Bonds
• Out-of-State Defendants
• White Collar Criminal Defense
• Professional License Consequences of a Conviction
• Sentence Mitigation
• Alternative Sentencing
• Work Furlough
• Work Release
• Misdemeanor Compromise
• Probation Revocations
• Appeals and Writs
• Rule 32 Post-Conviction Remedies
• Restoration of Rights/Setting Aside Convictions

BENCH WARRANTS

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EXTRADITION

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BAIL BONDS

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OUT-OF-STATE DEFENDANTS

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WHITE COLLAR CRIMINAL DEFENSE

The firm's representation may involve corporations in criminal proceedings, as well as corporate directors, officers and employees, and other individuals in private business. These cases often involve a wide range of issues such as alleged regulatory violations, commercial bribery, payments to public officials, fraud, perjury, bid-rigging, and money laundering.

When our firm is retained to represent a corporate client regarding a criminal inquiry, we may conduct our own factual investigation to develop a strategy to convince the investigatory agency not to bring criminal charges, or to limit the scope and severity of any charges that are brought. Our firm can also assist clients in complying with, and asserting privileges and objections to, subpoenas and other investigative demands.

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PROFESSIONAL LICENSE CONSEQUENCES OF A CONVICTION

Certain types of arrests or subsequent criminal convictions can affect a person’s ability to obtain or keep virtually every professional license that is regulated by the state. Some professions require that the crime be related to the duties of the profession before the license will be affected; others will be affected based solely upon conviction. For example:

There are many factors at work in the case of the professional who is accused of crime; it is critical that the advice of a competent, creative, and insightful defense attorney be considered, since a conviction can have ramifications far beyond the prosecution itself.

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SENTENCE MITIGATION

Crimes are frequently committed under “mitigating” circumstances which do not justify or excuse the offense, but go a long way to explain the defendant’s behavior or to provide an understanding for why he or she may have ended up committing the particular offense. For example, when a starving man steals bread to satisfy his hunger, this circumstance is taken into consideration in mitigation of his sentence.

In Arizona, courts are required to take into consideration several statutorily identified mitigating factors, including:

Additionally, Arizona courts have recognized numerous nonstatutory mitigating factors including:

An experienced defense attorney will attempt to persuade the prosecuting attorney and court through the presentation of evidence of mitigating circumstances that a lenient sentence is appropriate based upon the defendant’s unique background and circumstances. The most persuasive manner in obtaining this objective is to present a thorough, thoughtful, and competent mitigation packet to the prosecuting attorney and court.

In those cases where the preliminary review of the evidence suggests the defendant may ultimately be convicted, the attorney should immediately start thinking about collecting mitigation evidence. Many defense attorneys minimize the importance of mitigation evidence early in their representation. However, in many cases there is nothing more important. Because the collection of mitigation evidence, through interviews and record searches, is both time consuming and often requires special knowledge and expertise, attorneys often retain an experienced mitigation specialist to join the defense team.

A mitigation specialist is an expert qualified by knowledge, skill, experience, and training as a criminal justice, mental health or sociology professional. Their experience is to investigate, evaluate, and present factual, psychological and other mitigating circumstances to persuade the court that for this particular defendant, a certain sentence may be unduly harsh and, thus, inappropriate.

Mitigation evidence necessary for a proper and thorough mitigation packet (or penalty presentation) can be voluminous. The mitigation evidence is in effect a collection of the defendant’s and his or her family’s life history. This evidence should consist of information, documentation, and public records pertaining to relevant aspects of the defendant’s social, educational, medical, and mental health background.

Examples of the records that are often sought may include the following:

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ALTERNATIVE SENTENCING

Even if the accused has been caught with his or her “hand in the cookie jar,” and a criminal conviction seems a certainty, in many cases there are creative alternatives to the prosecution itself or a sentence of jail or prison. Many prosecutorial agencies and courts offer diversion programs which can be completed as an alternative to the prosecution. Alternatives to jail may include alcohol and drug treatment or rehabilitation, probation, electronic monitoring and house arrest, work release, work furlough, community service, and many more. There are pros and cons to each, and a knowledgeable defense attorney can help determine which options are available and best for you.


WORK FURLOUGH

The work furlough program, under the supervision of the Maricopa County Adult Probation Office, allows people who have been sentenced to serve a jail term to get out for work. To participate in the work furlough program, the defendant must be screened by a probation officer before sentencing and meet many eligibility requirements. For example, the defendant must be statutorily eligible to serve jail rather than prison time; the defendant must be at least 18 years of age; the plea agreement cannot preclude work furlough; if the defendant is self-employed, documentation must be provided showing the business is legitimate; and many more. In addition, prior to sentencing the defendant must obtain a doctor’s certification that he or she is physically fit to live in the tents. Finally, the work furlough program is not free. To the contrary, a daily fee is calculated on a sliding scale and each work furlough participant must have their paychecks forwarded directly to the clerk of the court for automatic deduction of these fees.

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WORK RELEASE

The work release program allows people who have been sentenced to serve a jail term to get out for work. But, work release is vastly different from the work furlough program. The work release program is not supervised by the Maricopa County Adult Probation Office. Instead, the judge sets the days and times of release. There are no fees involved with work release. This program is typically available to people ordered to serve jail terms for misdemeanor convictions.

Whether participating in work furlough or work release, the defendant is not allowed out more than 12 hours per day nor more than six days per week. In fact, defendants in DUI cases are only allowed out for a maximum of five days per week.


MISDEMEANOR COMPROMISE

In Arizona, a defendant accused of a misdemeanor or petty offense, who injures someone by the act constituting the offense, may be able to compromise the charge. This requires the injured party to appear before the court prior to trial, and acknowledge that he or she has received satisfaction for the injury. The court may then order the prosecution dismissed. A.R.S. § 13-3981.

Typically, offenses: (1) committed by or upon any officer of justice while in the execution of the duties of his office; (2) committed riotously; (3) committed with intent to commit a felony, and (4) involving an act of assault, threatening or intimidating or a misdemeanor offense of domestic violence as defined in section 13-3601, cannot be compromised. A.R.S. § 13-3981.

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PROBATION REVOCATIONS

In probation revocation proceedings, the probation department petitions the court to revoke the probation of the defendant. The petition sets forth the particulars of the alleged violations.
If the defendant has been arrested, he will be held without bond pending a hearing on the petition. At the hearing, the state has the burden of proving by a preponderance of the evidence that the defendant violated the conditions of probation. The defendant has the right to counsel, the right against self-incrimination, the right to a public hearing, the right to call witnesses and to issue compulsory process to compel their attendance, the right to confront and examine witnesses called by the state, and the right to present evidence on his own behalf. However, the defendant does not have a right to a jury trial. If the defendant is found to have violated the conditions of probation, the court may reinstate the defendant on probation with the same or additional terms. Alternatively, the court can terminate probation and remand the defendant to state prison, taking into account the best interests of the defendant and the public. Ariz.R.Crim.P.27.7(b)(3).

However, if the probationer violates “intensive probation” with a new felony offense, reinstatement may not be available. A.R.S. § 13-917(B).

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APPEALS AND WRITS

Section 24 of the Arizona Constitution guarantees the defendant in a criminal prosecution the right to appeal his or her conviction. The purpose of an appeal is to ensure that the trial court did not make any legal errors throughout the trial process. Appeals may result in the reversal of a person’s trial court conviction. In the case of an appeal from a municipal or justice court, the defendant must file a notice of appeal with the clerk of the trial court within 10 days after the entry of judgment and sentence. Ariz. R. Crim. P. 30.2. In the case of an appeal from Superior Court, the defendant must file a notice of appeal with the clerk of the court within 20 days after the entry of judgment and sentence. Ariz. R. Crim. P. 31.3.

Criminal appeals and specialized legal writs are active areas of practice for our firm. Following a conviction, appellate lawyers review the trial transcript or the “record” to determine if one or more legal errors may have occurred. If so, the conviction can be attacked in the Appellate Court and possibly overturned.

A successful appeal can also result in the suppression of evidence, a reduction in sentence, or the granting of a new trial. Because appeals are based on the "record" in the case as it occurred in the trial court, no new evidence is usually presented with the briefs submitted to the Appellate Court. Appeals are almost always time consuming and drawn out, but can reap great rewards for those erroneously convicted.

Under Arizona law, the court shall not release a defendant on bond pending appeal following conviction and incarceration for a felony offense for which he has received a sentence of imprisonment except when the court is satisfied the person in custody is in such physical condition that continued confinement would endanger his life. A.R.S. § 13-3961.01.

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RULE 32 POST-CONVICTION REMEDIES

Following conviction, a Rule 32 Petition for Post-Conviction Relief (“PCR”) may be filed in an attempt to overturn the conviction to win early release or dismissal of the case. A PCR notice must be filed within ninety days after the entry of judgment and sentence or within thirty days after the issuance of the final order or mandate by the appellate court. Ariz.R.Crim.P.32.4

Grounds to file a petition pursuant to Rule 32.1 include the following:

PCR proceedings are precluded when: (1) the issue should have been raised on appeal; (2) the issue was already decided in an appeal or collateral proceeding; and (3) when the issue has been waived. Ariz.R.Crim.P.32.2.

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RESTORATION OF RIGHTS / SETTING ASIDE CONVICTIONS

A criminal record can hold a person back personally and professionally. Convicted felons often have difficulty obtaining good jobs, getting into schools, or just moving on in life, and feeling like they have closed the door on a chapter of the past. Once a person pays their debt to society through fines, jail time, or successfully completing probation, it is time to clean up their criminal record.

The following criminal offenses may not be set aside:

Note: A conviction for DUI and certain other criminal traffic offenses under state law can be set aside because they are not violations of “local ordinances” pertaining to the operation of a vehicle.