FAQs

The Gillespie Law Firm, P.C. is a leading Phoenix, Arizona DUI and criminal defense law firm. Our Phoenix criminal defense attorneys are dedicated to the aggressive representation of clients involving all aspects of Arizona criminal defense, vehicular crimes and criminal litigation. Our Arizona criminal defense lawyers handle cases in Federal, State, Municipal, Juvenile, and Appellate Courts throughout the City of Phoenix, the greater Phoenix Metropolitan Area, and all of Arizona.

This FAQ’s page is designed to answer general questions we regularly receive concerning the Arizona criminal justice process. This information is not meant to be legal advice for any particular individual or case. For more information and to discuss your particular case or to schedule a free office consultation with one of our Phoenix criminal defense attorneys, please call 602.253.1010 or complete the Contact Us form for an immediate response from The Gillespie Law Firm. For directions to our office, please Click Here.

GENERAL FAQs

Do I Need an Arizona Criminal Defense Attorney?
Can You Tell Me Some Basics about Arizona Criminal Law and Procedure?
Will an Arrest or Conviction Affect My Professional License?
Will Prior Convictions Impact My Case?
Will a Conviction Result in the Loss of My Civil Rights?
If I’m Residing Outside the State of Arizona, Will I Have to Appear in Arizona Court?

GENERAL ARIZONA CRIMINAL CASE INFORMATION

The following FAQ’s outline the general procedural stages of a criminal case in most Arizona adult courts. The juvenile court process is very different than the procedural process in the adult system.

What is the Pre-Charge Investigation?
Do the Police Decide Whether I will be Charged?
What is an Indictment or Complaint?
What is the difference between a Felony and a Misdemenor?
What is Bond?
What is an Initial Appearance?
What is a Preliminary Hearing?
What is an Arraignment?
What is Discovery?
What is a Status Review or Pretrial Conference?
What is a Jury Trial?
What is Sentencing?
What is the Right to Appeal?

DO I NEED A PHOENIX ARIZONA CRIMINAL DEFENSE ATTORNEY?

Q. Can an experienced Arizona criminal defense lawyer make a difference?

If you are charged with a crime in Arizona, only an experienced Arizona criminal defense lawyer, intimately familiar with criminal law, the justice system, and the Rules of Court in the State of Arizona, can provide you with meaningful advice, answers, and guidance.

The practice of criminal defense before trial consists of thorough legal research and factual investigation, as well as diplomatic and skillful negotiation. Through a seasoned Arizona criminal defense attorney’s experience, together you will decide how to attack the prosecution’s case. Do you need to locate and interview important witnesses and collect key evidence? Do you need an expert to review your case, such as a criminalist, toxicologist, accident reconstructionist, or mental health professional? Will you need that expert only for consultation or also to testify at trial? Only an experienced criminal defense lawyer can help you navigate the process and build your case into a winner.

Q. What can I do to prepare for the initial consultation with my Phoenix criminal defense attorney?

Once a potential client has scheduled a consultation with one of The Gillespie Law Firm’s Arizona criminal defense lawyers, the client should prepare for the first meeting. The client should bring all information and documents relating to the case. It may be helpful to both the client and the attorney if the client brings to the meeting a chronological outline of the matter to be discussed. A client may also compose a set of questions designed to help determine whether the attorney is right for the job. The following is a list of general questions that a prospective client may consider asking:

How much experience has the attorney had in this type of case?
Will anybody help the attorney work on the case, and if so, who?
How long will it take for the case to be resolved?
How often will client and attorney communicate about the case?
Can the client call and expect a reasonably prompt response?
Who can the client talk to if the attorney is unavailable?
How much will the case cost?
What can the client do to help the case?

At your initial consultation, plan to discuss and reach an agreement about the following:

Your goals and what you want accomplished.
What the lawyer will do to help you achieve your goals.
What the lawyer expects you to do to help achieve your goals.
Confirm that you and your lawyer share the same goals.
How the lawyer will keep you informed about the status of your case whether by regular telephone calls, meetings or written correspondence.

Q. What should I expect from the attorney/client relationship?

Our experienced Phoenix Arizona criminal defense lawyer will use his or her legal expertise, knowledge, skill, and experience to advise you on the law, as applied to the facts of your case, and the alternatives available to you. The advice will include a detailed discussion of possible consequences of each available course of action to assist you in making intelligent and informed decisions about how your case or legal matter should proceed.

In reality, hiring a lawyer is just the first step the client takes to solve his or her legal problem. In some cases, an experienced criminal defense attorney will consult an expert or assemble a legal team that will include others such as investigators, expert witness, mental health professionals, sentencing mitigation specialists, and the like. Each member of the team, including the client, has certain responsibilities to fulfill in order to ensure that the legal matter will be handled as smoothly and successfully as possible.

In some instances the lawyer will use his or her judgment about what to do and will not necessarily ask you for input or advice. Say, for example, that you have decided to take your case to trial. The lawyer will decide how to question the various witnesses, make legal objections, and introduce items of evidence without consulting with you.

Your lawyer will expect you to be truthful and complete about the facts of your situation. Holding back information can prevent the lawyer from giving you sound legal advice. You may also be asked to assist by providing records or documents and by locating witnesses important to your case. On occasion, your lawyer may expect you to make reasonable adjustments to your schedule to meet with the lawyer or attend legal proceedings, such as court appearances, hearings, and trials, as necessary.

Q. Will the court hold it against me if I hire an attorney and plead not guilty?

No. You have an absolute right under the state and federal Constitutions to challenge charges and the evidence against you. Frankly, it would be foolish not to have professional representation if charged with a crime. Most judges and prosecutors are far more comfortable dealing with clients who are represented by counsel familiar with local court protocol.

Q. What will happen on my first court date if I haven’t retained counsel?

The first court date is the arraignment. You are simply advised as to the charge(s) and asked if you want to enter a plea of guilty or not guilty to those charges. Usually, the police report and other discovery is available to your attorney. In felony and other serious cases, if you don’t have a private attorney with you, the prosecution will give the discovery to the public defender who the judge will appoint to represent you if you qualify as “indigent”. If you plead not guilty at the arraignment, the court will set your case for a pretrial conference in approximately 30 days. This allows additional time for those defendant’s who plan to retain private counsel.

Q. If I hire an attorney, does that mean that the case will go to trial?

Not necessarily. The vast majority of cases do not proceed to trial. Whether or not your case will go to trial depends on far too many factors to list here, including those particular to your specific case.

Q. If I was appointed a public defender, can I retain a private Phoenix defense attorney from the Gillespie Law Firm to substitute in as counsel of record?

Yes. At anytime during your case, you can hire your own attorney to defend you. However, don’t wait too long because all attorneys need sufficient time to meaningfully investigate and evaluate any given case.

Q. Can I retain a private Phoenix criminal defense lawyer from the Gillespie Law Firm to assist the public defender?

Yes. In certain cases, The Gillespie Law Firm, P.C. has agreed to associate with the public defender to ensure that the client is zealously represented.

For more information and to discuss your particular case or to schedule a free office consultation with one of our Arizona criminal defense lawyers, please call 602.253.1010 or complete the Contact Us form for an immediate response from The Gillespie Law Firm. For directions to our office, please Click Here.

ARIZONA CRIMINAL LAW AND PROCEDURE

Q. Can the police search my car without my consent?

Possibly. It depends entirely on the particular facts of your case. Generally, police need probable cause to suspect that your vehicle contains illegal contraband, such as drugs, guns, stolen property, or have some other basis to believe that you are or have been involved in committing a crime. If the police reasonably believe you have something illegal in your car or have just arrested you for something else, then they can search the interior of your car incident to arrest, but not usually the trunk. Police are also permitted to look inside your car through the windows. If they see something illegal, that may provide probable cause to search the car. This area of law is called Fourth Amendment Search and Seizure and is highly complex. You should always consult an experienced criminal defense attorney regarding the legality of any search.

Q. I was arrested, but the officer never cited me or told me when I have to be in court. Does this mean that I wasn’t charged?

No. In some cases police agencies do not issue citations or file the charges directly and do not give the individual that they arrest a court date. If you are charged, you may receive your court notice in the mail. The time for receiving this notice varies greatly from jurisdiction to jurisdiction.

Q. If a family member or friend has been arrested-how can I get him released from jail? How does bond work? Can he be released on his own recognizance? Why is the bond so high? Can anything be done to lower the bond?

In general, when someone is arrested for a traffic offense or simple misdemeanor, they are usually issued a citation and released based upon their promise to appear. However, things are often different when it comes to charges for felony offenses and serious misdemeanors. In those cases, while it is possible to be released on their own recognizance, posting of bond is often required.

In Arizona, an experienced Arizona criminal defense attorney can be extremely helpful in getting bond reduced, or helping a defendant be released to a responsible third party, under the supervision of the probation department, or on his or her own recognizance.

Click here for more information on Bond and see how the Phoenix, Arizona criminal defense attorneys at The Gillespie Law firm may be able to assist you.

Q. I have been arrested, what should I do?

The first thing you should do is to contact an experienced criminal defense attorney who can help you understand the law, investigate your case, determine your options, formulate a defense, and help you navigate the criminal justice process.

Q. The police did not read me my rights, will my case be dismissed?

Perhaps. The police are only required to read you your “Miranda Rights” if you are actually “in custody” and are a suspect in the crime that they question you about. Failure to advise you of your rights does not automatically result in a dismissal of the charges or your statements being suppressed. However, you should discuss the facts of your case with an experienced criminal defense lawyer because the law concerning Miranda Rights is complex and highly important in any criminal case.

For more information and to discuss your particular case or to schedule a free office consultation with a Phoenix, Arizona criminal defense lawyer, please call 602.253.1010 or complete the Contact Us form for an immediate response from The Gillespie Law Firm. For directions to our office, please Click Here.

CONSEQUENCES OF ARREST OR CONVICTION ON PROFESSIONAL LICENSES

Q. Will an arrest or criminal conviction affect my professional license?

Yes. 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 either the arrest or the conviction. Many professional liscensing boards require a report within just days of arrest or conviction.

Click here for more information on professional licenses and to see how the Phoenix, Arizona criminal defense attorneys at The Gillespie Law Firm may be able to assist you.

IMPACT OF PRIOR CONVICTIONS ON PENDING CHARGES

Q. Will the State of Arizona use my prior convictions against me?

That depends on the nature of the prior(s) and when the conviction occurred. Generally, prior convictions can affect many issues in an Arizona criminal case, from bond to sentencing. This is often a complicated question, and is definitely a situation where consultation with a knowledgeable Arizona criminal defense attorney is imperative. Under Arizona’s sentencing scheme, a person’s prior felony convictions can significantly impact the amount of time a person can be sentenced to serve in state prison.

Q. I was arrested on a new charge and am currently on probation. What do I do now? Will the State of Arizona revoke my probation because of the new charge?

This is a delicate situation, and the best approach depends on many factors. It is imperative that you immediately discuss this type of situation with an experienced Arizona criminal defense lawyer who can best represent your interests in both the new case and the probation matter.

For more information and to discuss your particular case or to schedule a free office consultation with a Phoenix, Arizona criminal defense attorney, please call 602.253.1010 or complete the Contact Us form for an immediate response from The Gillespie Law Firm. For directions to our office, please Click Here.

CONVICTION AND LOSS OF CIVIL RIGHTS

A conviction for a felony suspends the right to vote, the right to hold public office, the right to serve as a juror, and during any period of imprisonment, any other civil right which is necessary for the security and protection of the public. Conviction also suspends the right to possess a gun or firearm.

Q. Is there anything I can do to clean up my criminal record?

Yes. 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.

Click here for more information on restoring civil rights and setting aside convictions and see what the Arizona criminal defense attorneys at The Gillespie Law Firm may be able to do for you. For more information and to discuss your particular case or to schedule a free office consultation with a Phoenix, Arizona criminal defense lawyer, please call 602.253.1010 or complete the Contact Us form for an immediate response from The Gillespie Law Firm. For directions to our office, please Click Here.

DEFENDANTS RESIDING OUTSIDE THE STATE OF ARIZONA

Q. Do the Phoenix, Arizona criminal defense attorneys at The Gillespie Law Firm represent out-of-state defendants?

Our Arizona criminal defense firm has represented clients from many states throughout the country. Most cases of this nature seem to involve an individual visiting or passing through Arizona who has received a citation for DUI, some other misdemeanor, or low level felony offense. As a practical matter, it can be very expensive and inconvenient to the client to return to Arizona to attend court. Under these circumstances, many courts will authorize our Phoenix criminal defense attorneys to appear on behalf of the client. Of course, this only applies in those informal hearings which do not necessitate the client’s personal appearance.

If the case is not dismissed and the client is required to appear, it is usually toward the end of the case for a change of plea or sentencing. However, courts of limited jurisdiction are authorized to accept a telephonic plea agreement when the defendant is an out-of-state resident or resides more than one hundred miles from the court. Our Rules of Procedure also authorize courts to approve a jail sentence to be served by a defendant in his or her home state through a notarized letter from the proper law enforcement authority certifying that the defendant served the jail time ordered.

GENERAL ARIZONA CRIMINAL CASE INFORMATION

Q. What is the Pre-Charge Investigation?

This is your opportunity to fight your criminal case before it goes to court. Prior to making an arrest or filing charges, local law enforcement agencies often investigate people suspected of committing an offense. This is the best time for someone under investigation in Arizona to hire an Arizona criminal defense attorney to conduct an independent investigation to take control and defend the Arizona criminal case.

At this stage, an experienced Arizona criminal defense lawyer may able to prevent the filing of charges. The lawyers at The Gillespie Law Firm have established an outstanding track record with respect to pre-charge representation and results.

Q. In Arizona, do the Police Decide Whether I Will Be Charged?

The police are authorized to file misdemeanor charges in Arizona’s local Municipal and Justice Courts.

In Arizona’s Superior Courts, only the County Attorney or State Attorney General may file felony charges against an individual, if there is sufficient evidence to believe the suspect committed a crime. The police may make recommendations to the prosecutor on whether to file felony charges, but the police do not file charges.

The United States Attorney makes charging decisions in Arizona’s Federal District Courts.

Q. What is an Arizona Indictment or Complaint?

The indictment or complaint are the charging documents used by the prosecutor to commence criminal proceedings in a criminal case.

Q. What is the Difference between a Felony and a Misdemeanor?

The criminal charge / alleged offense is either a felony or a misdemeanor. A felony is a crime punishable by one year or more in state prison. A misdemeanor is a crime punishable by up to six months in county jail.

Q. What is Bond?

Bond or bail is money or other property that is deposited with the court to ensure that the person accused will return to court when he or she is required to do so. If the defendant returns to court as required, the bond will be returned at the end of the case, even if the defendant is ultimately convicted. However, if the defendant does not come to court when required or violates his or her bond conditions, the bond may be forfeited to the court and will not be returned.

Once the bond is set, it is possible to get that amount lowered, depending upon the type of crime that is charged and the personal history of the defendant. The court will consider such factors as the seriousness of the offense, the defendant’s criminal record, his or her ties to the community, and whether or not the defendant is a flight risk.

For more information on bonds and pretrial release from custody, and how the Phoenix, Arizona criminal defense attorneys at The Gillespie Law Firm may be able to assist you, click here.

Q. What is an Initial Appearance?

Following arrest, the initial appearance is the defendant’s first court appearance, which typically must occur within 24 hours of arrest. During the initial appearance, the Court will (1) ascertain the defendant’s true name and address; (2) inform the defendant of the charges against him or her; (3) inform the defendant of his or her right to counsel and to remain silent; (4) determine whether probable cause exists for release from custody; (5) appoint counsel if the defendant is eligible; (6) consider the views of the victim and (7) set the defendant’s release conditions.

Q. What is a Preliminary Hearing?

The preliminary hearing is a proceeding held in felony cases to determine whether the State has sufficient evidence to establish probable cause to believe that a crime has been committed and the defendant committed it. Where a grand jury returns an indictment against the defendant, no preliminary hearing will be held.

Q. What is an Arraignment?

The arraignment must ordinarily occur within 10 days after the filing of the indictment, information or complaint. During the arraignment, the Arizona court will read the charge and require the Arizona criminal defendant to enter a plea of not guilty, guilty or no contest. In misdemeanor cases, the Arizona defendant’s Arizona criminal defense attorney can appear in lieu of the defendant. In felony cases, however, the Arizona defendant must personally appear in court.

Q. What is Discovery?

In Arizona, the defendant has the right to obtain any evidence necessary to prepare a defense. Discovery is the process by which the State is required to disclose ALL potentially exculpatory evidence relevant to the accused’s defense, such as (1) police reports; (2) results of scientific analysis; (3) witness statements and (4) access to the State’s physical evidence for independent analysis by the Defense.

Q. What is a Status Review or Pretrial Conference?

At any time after the filing of the indictment or information the court may conduct a Status Review or Pretrial conference. The purposes of the Status Review or Pretrial conference may include: (1) to provide a means of Pretrial disposition; (2) to promote plea negotiations; (3) to provide an opportunity to comply with discovery rules; (4) to clear the court’s calendar of cases which may be disposed of without a trial; and (5) to enable the court to set a trial date in cases which cannot be fairly disposed of without trial.

“Plea negotiations” may include bargaining for (1) an alternative to the prosecution such as diversion; (2) a reduced charge or sentence; (3) a dismissal of some of the charges pending against the defendant or (4) a sentencing alternative, such as probation or home arrest.

Additionally, the defense frequently files motions at a pre-trial conference, such as (1) Motions to Suppress Evidence; (2) Motions to Dismiss the Prosecution; (3) Motions to Dismiss the Indictment; (4) Motions to Compel Discovery and (5) Motions to Continue.

Q. What is a Jury Trial?

In all criminal trials, the Prosecution must prove the defendant’s guilt beyond a reasonable doubt. All felony cases and some misdemeanor cases provide the defendant with the absolute right to a trial by jury. The number of jurors varies depending on the crime charged and the potential sentence it carries; but all verdicts must be unanimous.

Q. What is Sentencing?

Sentencing refers to a hearing where the judge imposes a penalty on the defendant after the defendant has been convicted or after the defendant entered a guilty plea. In some instances, the Court may sentence the defendant convicted of a felony to a term of probation instead of prison. Absent probation, the Court may sentence the defendant to a range of prison terms. Although the sentencing range imposed is within the Judge’s discretion, both defense counsel and the prosecutor will argue that a particular sentence is appropriate depending on the facts of the case.

For more information regarding how the Phoenix, Arizona criminal defense lawyers at The Gillespie Law Firm may be able to help you with this aspect of your case, click here.

Q. What is the Right to Appeal?

The Arizona Constitution guarantees the defendant in an Arizona criminal case the right to appeal his or her conviction. This does not apply when an Arizona criminal defendant pleads guilty; it is only available if there is a conviction after a trial. The purpose of an appeal is to ensure that the Arizona 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 the appeal from an Arizona municipal court or Arizona justice court, the Arizona defendant must file a notice of appeal with the clerk of the trial court within 10 days after the entry of judgment and sentence. In the case of appeal from an Arizona 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.

For more information and to discuss your particular case or schedule a free office consultation with a Phoenix, Arizona criminal defense lawyer, please call 602.253.1010 or complete the Contact Us form for an immediate response from The Gillespie Law Firm. For directions to our office, please Click Here.