Doran Justice, PLLC

Probable Cause Standards in Arizona Criminal Law

Wed, 29 Apr 2026 13:41:16 GMT

Probable cause is one of the most important guardrails in Arizona criminal cases because it controls when police can intrude on a person’s liberty or privacy. It sits between a mere hunch and the higher proof needed to convict at trial. If officers lack probable cause when they make an arrest, search a home, or seize property, the case can change dramatically. Evidence may be suppressed, charges may be reduced, or a prosecution may not be able to proceed at all. At the same time, probable cause is a flexible standard. It is based on practical judgment, not certainty, and it often turns on what officers reasonably believed in a fast-moving situation.

Arizona courts apply probable cause rules through the U.S. Constitution and Arizona law. You will see probable cause discussed in police reports, search warrant affidavits, initial appearances, preliminary hearings, and motions to suppress. The concept also affects everyday decisions, such as whether an officer can arrest for DUI, whether a vehicle can be searched, and whether a judge will sign a warrant for a phone or home.

Understanding how probable cause works in Arizona can help you recognize what police must show, what defenses exist when probable cause is missing, and how courts evaluate the facts. This article explains the standard, where it applies, and how it is challenged in Arizona criminal proceedings.

What “Probable Cause” Means Under Arizona and Federal Law

Probable cause is a legal standard that requires enough facts to make it reasonable to believe a crime has been committed and that a specific person committed it, or that evidence of a crime will be found in a particular place. Under the Fourth Amendment to the U.S. Constitution, probable cause is central to whether a search or seizure is reasonable. In Arizona criminal practice, probable cause comes up both for arrests and for warrants authorizing searches.

Probable cause is not proof beyond a reasonable doubt. It does not require officers to eliminate innocent explanations. It is also more than a vague suspicion. Courts often describe it as a “fair probability” based on the totality of the circumstances. That means a judge looks at all the facts together, including what the officer saw, what witnesses reported, the officer’s training and experience, and the timing and context.

Arizona law also uses probable cause in procedural settings. For example, a judge may find probable cause to hold someone to answer after a preliminary hearing, or the court may consider whether probable cause supported a warrant. Even when prosecutors have filed charges, probable cause remains relevant because it can determine whether key evidence is admissible.

An important detail is that probable cause can be based on reliable hearsay. For instance, an officer may rely on statements from a witness, a victim, or another officer. However, courts will still examine reliability. A tip from an identified citizen witness is often treated as more reliable than an anonymous tip, especially if the tip includes details that police can corroborate.

Finally, probable cause is judged from the perspective of a reasonable officer at the time of the decision, not with perfect hindsight. That time focus is crucial in Arizona litigation. Defense challenges often show that critical facts were missing, exaggerated, or obtained through an unconstitutional stop, which can undermine the probable cause chain.

When Arizona Police Must Have Probable Cause: Arrests, Searches, and Seizures

In Arizona, police need probable cause in several common situations, but not in every interaction. The most familiar is an arrest. Generally, an officer must have probable cause to believe a person committed a crime before making a custodial arrest. Probable cause for arrest can come from direct observation, witness statements, physical evidence, or a combination. For example, in a DUI investigation, probable cause to arrest might be based on driving behavior, odor of alcohol, admissions, field sobriety test observations, and other indicators. In an assault case, probable cause may come from a victim statement, visible injuries, and matching descriptions.

Searches typically require a warrant supported by probable cause unless a recognized exception applies. A home search usually requires a warrant. Vehicle searches often involve exceptions, but probable cause still matters. If officers have probable cause to believe evidence or contraband is in a vehicle, they may be able to search areas where that evidence could reasonably be found under the automobile exception. For instance, the smell of marijuana may be argued as part of probable cause, but Arizona’s evolving marijuana laws mean the analysis can be fact-specific. Courts look closely at whether odor alone supports a fair probability of unlawful activity, considering factors like quantity, lawful possession, and other corroborating facts.

Seizures of property also implicate probable cause. Taking and holding items as evidence may be justified when officers have probable cause to believe the property is connected to a crime. If property is seized under a warrant, the warrant must particularly describe what may be taken and the probable cause must support that scope.

It is also important to distinguish probable cause from reasonable suspicion. Police can briefly detain someone for investigation based on reasonable suspicion, which is a lower standard than probable cause. In Arizona, traffic stops and stop-and-frisk encounters often begin with reasonable suspicion. A stop can be lawful even without probable cause, but if officers escalate to an arrest or a full search, probable cause is usually required unless another exception applies. Defense challenges often focus on whether an initial stop was lawful, because an unlawful stop can taint later evidence and alleged probable cause.

How Probable Cause Is Determined in Arizona Courts: Warrants, Affidavits, and Hearings

Arizona courts evaluate probable cause through several procedural checkpoints. One key moment is when police apply for a warrant. A judge reviews an affidavit, which is a written statement under oath explaining the facts supporting probable cause. The affidavit must connect specific facts to the place to be searched and the items to be seized. Broad conclusions like “based on my training and experience” are usually not enough without supporting details. Judges look for concrete facts such as observations, informant information with reliability indicators, controlled buys, surveillance, admissions, records, or forensic links.

Probable cause determinations also occur shortly after an arrest. At an initial appearance, the court addresses release conditions and may consider whether probable cause exists to believe the person committed the offense. This is not a trial of guilt, but it can affect detention and conditions of release. Arizona procedures may also involve a preliminary hearing in certain felony cases, where the judge decides whether there is probable cause to hold the defendant to answer in superior court. At a preliminary hearing, the prosecutor presents evidence, often through officer testimony and sometimes through hearsay allowed under the rules. The defense can cross-examine witnesses and argue that probable cause is lacking. If the judge finds no probable cause, the complaint can be dismissed, though prosecutors may have options to refile depending on circumstances.

Grand juries are another probable cause mechanism in Arizona. In a grand jury proceeding, jurors determine whether probable cause exists to issue an indictment. The defense is typically not present. Because the process is one-sided, challenges sometimes arise later about whether the grand jury received incomplete or misleading information. Arizona practice provides ways to seek a new finding if the presentation was unfair or omitted clearly exculpatory evidence.

Courts also evaluate probable cause when defendants file motions to suppress evidence. At a suppression hearing, the judge considers testimony, body camera footage, dispatch recordings, lab timelines, and other evidence to decide what happened and whether probable cause existed at the relevant moment. Small timing details can matter. For example, whether an officer found an item before or after a claimed basis for probable cause, or whether consent was requested after an unlawful detention.

In all these settings, the “totality of the circumstances” approach governs. Judges do not isolate one fact in a vacuum. Instead, they assess how the facts combine to create, or fail to create, a fair probability.

Challenging Lack of Probable Cause and the Exclusionary Rule in Arizona

When probable cause is missing, the defense can challenge the legality of an arrest, search, or seizure. The most common tool is a motion to suppress, which asks the court to exclude evidence obtained in violation of the Fourth Amendment. If the court suppresses key evidence, the prosecution may be unable to prove the case.

A probable cause challenge often begins by identifying exactly when the seizure or search occurred and what facts existed at that moment. For an arrest, the question is whether the officer had enough information before taking the person into custody. For a search, the question may be whether a warrant was supported by probable cause, or whether an exception legitimately applied. In Arizona practice, defense attorneys frequently analyze body camera footage, dispatch calls, and report narratives for gaps, inconsistencies, or post hoc justification.

If a warrant is involved, a defendant may challenge the affidavit supporting it. Common arguments include that the affidavit relied on stale information, failed to establish a connection between suspected criminal activity and the place searched, or depended on an unreliable informant without corroboration. Another significant challenge involves misstatements or omissions in the affidavit. If an affidavit contains false statements made knowingly or with reckless disregard for the truth, or if it omits critical facts in a misleading way, the court may disregard the tainted portions and reconsider whether probable cause remains. If not, suppression may follow.

Arizona courts also consider whether an illegal stop or detention tainted later evidence, even if police later developed more information. This is sometimes described as “fruit of the poisonous tree.” For example, if a traffic stop lacked reasonable suspicion, then statements, consent, or discoveries that flowed from that stop may be suppressed unless the state can show attenuation or another doctrine that breaks the causal chain.

The state may argue exceptions such as good faith reliance on a warrant, inevitable discovery, independent source, or exigent circumstances. These doctrines are highly fact-driven. A good faith argument, for instance, typically claims officers reasonably relied on a judge-issued warrant even if the warrant is later found defective, unless the affidavit was so lacking in probable cause that reliance was unreasonable.

Probable cause issues can also affect charging decisions and plea negotiations, even before a suppression ruling. Strong constitutional challenges can reshape the case, but they require careful factual development and precise legal arguments tailored to Arizona procedure and the specific police conduct at issue.

FAQs

What is the difference between probable cause and reasonable suspicion in Arizona?

Reasonable suspicion is a lower standard than probable cause and is often used to justify a temporary detention for investigation. In Arizona, an officer may briefly stop someone based on specific, articulable facts suggesting criminal activity may be occurring. This is common in traffic stops and investigative stops. Probable cause, by contrast, requires a fair probability that a crime has occurred and that a particular person committed it, or that evidence will be found in a specific place. Probable cause is typically required for an arrest or for a warrant. In practice, encounters can escalate: an officer may start with reasonable suspicion, then gather additional facts that rise to probable cause. If the initial detention was unlawful, later-developed probable cause may still be challenged as tainted, depending on how the evidence was obtained.

Can Arizona police arrest someone without a warrant?

Yes. In Arizona, officers can make a warrantless arrest if they have probable cause to believe the person committed a crime, subject to constitutional limits and statutory rules. Many arrests occur this way, such as arrests after an officer observes impaired driving, responds to a domestic violence call, or identifies a suspect based on witness statements and immediate circumstances. The key question is whether probable cause existed at the moment of arrest, not whether the officer later found additional evidence. Warrantless arrests inside a home raise additional concerns. Entering a home to arrest someone generally requires a warrant or a recognized exception, such as exigent circumstances or valid consent. If officers arrest without meeting the required standard, the defense may challenge the arrest and seek suppression of evidence that resulted from it.

What makes a search warrant affidavit valid in Arizona?

A valid search warrant affidavit must provide enough factual detail for a judge to find probable cause that evidence of a crime will be found in the place to be searched. In Arizona, the affidavit should connect the suspected offense to the specific location and explain why the items sought are likely there. Courts look for concrete facts such as observations, surveillance, statements from witnesses, controlled buys, digital records, or other investigative steps. If the affidavit relies on an informant, it should include facts supporting reliability, such as past accuracy, corroboration, or how the informant obtained the information. The information must also be timely enough to support a current probability, not a stale assumption. Overly broad or conclusory affidavits can be challenged, and material falsehoods or misleading omissions can undermine probable cause.

If the court finds no probable cause, does the case get dismissed?

It depends on the stage and the type of finding. If a judge finds no probable cause at a preliminary hearing in Arizona, the complaint can be dismissed. However, dismissal at that stage may not always end the matter permanently because prosecutors may be able to refile charges if they can present additional evidence or use a different charging path. If probable cause is found lacking for a specific search or arrest, the more immediate effect is often suppression of evidence rather than automatic dismissal. If the suppressed evidence is essential, the state may dismiss because it cannot prove the case. If other admissible evidence remains, the case may continue. A grand jury probable cause finding can also be challenged in certain circumstances, particularly when the presentation was unfair or omitted clearly exculpatory information, but the remedy and outcomes vary by situation.

Does probable cause allow police to search my phone in Arizona?

Probable cause alone does not automatically allow a phone search. In Arizona, as elsewhere under the Fourth Amendment, searching the contents of a phone generally requires a warrant supported by probable cause because phones contain extensive private data. If police seize a phone incident to arrest, they may be able to secure it to prevent destruction of evidence, but they typically must obtain a warrant to search its digital contents. There are limited exceptions, such as true emergencies where immediate action is necessary to prevent imminent harm or the destruction of evidence, but courts scrutinize these claims closely. Defense challenges often focus on whether a warrant was obtained, whether the warrant was too broad, and whether the search exceeded the warrant’s scope, such as looking through data categories not tied to the probable cause showing.

How can a defendant challenge probable cause in an Arizona criminal case?

Challenges usually focus on motions to suppress evidence, requests for hearings, and targeted attacks on warrants or police conduct. In Arizona, the defense can argue that officers lacked probable cause for an arrest, that a search warrant affidavit did not establish a fair probability, or that an exception to the warrant requirement did not apply. The defense may also argue that the police obtained probable cause only after an unlawful stop or detention, making later evidence the product of an unconstitutional seizure. Effective challenges rely on records such as body camera video, dispatch logs, witness statements, and the warrant paperwork. Cross-examining officers about timing, observations, and inconsistencies can be crucial. If the court suppresses key evidence, the prosecution’s case may weaken substantially, and in some situations the charges may be reduced or dismissed.

Conclusion

Probable cause standards shape nearly every phase of an Arizona criminal case, from the first police contact through warrants, hearings, and suppression motions. The core idea is practical: police must have enough reliable facts to justify an arrest or to persuade a judge that a search will likely uncover evidence. Because the standard depends on the totality of the circumstances, small details matter. The timing of an observation, the reliability of a tip, the completeness of a warrant affidavit, and the lawfulness of an initial stop can all determine whether probable cause existed and whether evidence can be used in court.

For people facing charges, probable cause is not an abstract concept. It can affect whether you are detained, what evidence the state can introduce, and whether the prosecution can prove its case. It also provides a structured way to test police conduct through hearings and motions. When probable cause is weak or missing, the constitutional remedies can be powerful, but they require careful factual investigation and accurate application of Arizona procedure.

If you are dealing with an arrest, search, or warrant issues in Arizona and need legal guidance specific to your situation, you can learn more at doranjustice.com.

Arizona DUI Penalties by Blood Alcohol Level

Tue, 03 Mar 2026 17:00:18 GMT

Blood alcohol concentration plays a major role in how DUI cases are charged and punished in Arizona. Unlike some states that treat all DUI offenses the same, Arizona increases penalties as a driver’s blood alcohol level rises. Even a small difference in BAC can lead to significantly harsher consequences.

Arizona has some of the strictest DUI laws in the country. Jail time, fines, license suspensions, and ignition interlock requirements are often mandatory, and higher BAC levels trigger longer sentences and higher costs. Understanding how DUI penalties change based on blood alcohol level helps drivers see what they may be facing and why early legal guidance is critical.

How Arizona DUI Laws Use Blood Alcohol Level

In Arizona, blood alcohol concentration is a key factor in determining the type of DUI charge and the penalties that follow. Blood alcohol concentration, often called BAC, measures the amount of alcohol in a person’s bloodstream at the time of testing. The higher the BAC, the more severe the charge and the punishment can be.

It is a common misconception that Arizona’s legal limit for driving is 0.08 percent. Drivers can be arrested and charged with DUI even if they are below this level, but certainly if they are at or above this level. This is true even if they do not appear impaired. BAC is typically measured through a breath test or a blood test after a traffic stop or arrest. These test results are used by prosecutors to classify the offense as a standard DUI, extreme DUI, or super extreme DUI.

Because Arizona law ties specific penalties to specific BAC ranges, the test result often drives the entire case. Small differences in BAC can mean the difference between days or weeks of jail time, higher fines, and longer ignition interlock requirements. This is why how and when BAC testing is conducted, and whether the results are accurate, can be critically important in a DUI defense.

DUI Penalties for BAC up to 0.149

A blood alcohol concentration up to 0.149 is typically charged as a standard DUI in Arizona. Even at this lowest DUI tier, the penalties are serious and often mandatory. A first time offense can still include jail time, significant fines, and long term driving consequences.

For a first offense, Arizona law requires a minimum jail sentence, although some or all of that time may be suspended if the driver completes alcohol screening or treatment programs. Fines and surcharges can add up to thousands of dollars once court costs and fees are included. Drivers are also required to install an ignition interlock device on any vehicle they operate after their driving privileges are restored.

In addition to criminal penalties, drivers face license suspension through the Arizona Motor Vehicle Division. This can affect employment, family responsibilities, and daily life. While these penalties are less severe than higher BAC categories, a standard DUI conviction still creates a criminal record and can be used to enhance penalties for any future DUI charges.

Extreme DUI Penalties for BAC 0.15 to 0.199

When a driver’s blood alcohol concentration is between 0.15 and 0.199, Arizona classifies the offense as an extreme DUI. This category carries significantly harsher penalties than a standard DUI, even for a first time offense.

Extreme DUI convictions involve longer mandatory jail sentences that cannot be fully avoided. While some jail time may be eligible for suspension with treatment or home detention or continuous alcohol monitoring (CAM), a substantial portion must still be served behind bars. Fines and surcharges are also much higher, often totaling several thousand dollars once all required assessments and fees are included.

Drivers convicted of extreme DUI face extended ignition interlock requirements, meaning the device must remain installed for a longer period of time. Probation conditions are typically stricter and may include alcohol counseling, monitoring, or treatment programs. An extreme DUI conviction also increases exposure to harsher penalties if the driver is charged with DUI again in the future.

Super Extreme DUI Penalties for BAC 0.20 and Above

A blood alcohol concentration of 0.20 or higher is charged as a super extreme DUI in Arizona. This is the most serious DUI classification based solely on BAC level and carries the harshest penalties, even for a first offense.

Super extreme DUI convictions involve significantly longer mandatory jail sentences. A large portion of this jail time cannot be suspended, making incarceration unavoidable in most cases. Fines, surcharges, and assessments are also substantially higher than other DUI categories, often reaching several thousand dollars in total financial penalties.

Drivers convicted of super extreme DUI must install an ignition interlock device for an extended period once driving privileges are restored. Probation conditions are strict and may include intensive alcohol treatment, monitoring, and compliance requirements. A super extreme DUI conviction greatly increases the risk of felony charges and severe punishment if a future DUI occurs.

Aggravating Factors That Increase DUI Penalties

In addition to blood alcohol level, certain aggravating factors can significantly increase DUI penalties in Arizona. These factors can apply at any BAC level and may result in longer jail or prison sentences, higher fines, or more restrictive probation terms.

Common aggravating factors include prior DUI convictions, driving on the wrong side of the road, driving without a required interlock device, driving with a suspended or revoked license, and having a minor passenger in the vehicle at the time of the offense. DUI cases involving accidents, property damage, or injuries can also lead to enhanced penalties and additional criminal charges.

In some situations, aggravating factors can elevate a DUI from a misdemeanor to a felony. Felony DUI charges carry far more severe consequences, including the possibility of state prison time and long term loss of driving privileges. Because aggravating factors dramatically affect outcomes, identifying and challenging them is an important part of a DUI defense.

Additional Consequences Beyond Jail and Fines

DUI penalties in Arizona go beyond jail time and court imposed fines. A conviction often leads to a driver license suspension or revocation through the Arizona Motor Vehicle Division, which can make it difficult to work, attend school, or meet family obligations. Even after driving privileges are restored, strict conditions usually apply.

Drivers convicted of DUI are commonly required to carry SR-22 insurance, which significantly increases insurance costs. Ignition interlock devices must be installed at the driver’s expense, adding ongoing monthly costs. Probation requirements may include alcohol education, treatment programs, regular testing, and compliance monitoring.

A DUI conviction can also affect employment, especially for jobs that involve driving or professional licensing. For non citizens, DUI convictions may carry immigration consequences. Because these collateral effects can last long after the case ends, understanding the full impact of a DUI conviction is critical when deciding how to handle the charge.

Can DUI Penalties Be Reduced?

In some cases, DUI penalties in Arizona can be reduced, even when a blood alcohol test shows a high BAC level. One way this happens is by challenging the accuracy or reliability of the BAC test. Breath and blood testing must follow strict procedures, and problems with calibration, collection, storage, or timing can affect results.

Legal defenses may also focus on the traffic stop and arrest itself. If police did not have a lawful reason to stop the vehicle, or if constitutional rights were violated during testing or questioning, evidence may be excluded. When key evidence is suppressed, prosecutors may be forced to reduce charges or penalties.

In other situations, plea negotiations may result in reduced sentencing exposure, alternative penalties, or modified probation terms. Completing alcohol treatment programs or demonstrating compliance with court requirements can also help mitigate penalties. A DUI defense attorney can evaluate which options may apply based on the facts of the case.

How a Lawyer Can Help With DUI Penalties

A DUI defense lawyer plays an important role in limiting penalties tied to blood alcohol level. An attorney will carefully review how BAC evidence was obtained, including whether breath or blood tests were administered correctly and whether testing equipment was properly maintained. Errors in testing procedures can lead to reduced charges or excluded evidence.

A lawyer also evaluates whether the traffic stop and arrest were lawful. If police lacked reasonable suspicion to stop the vehicle or failed to follow required protocols during the investigation, constitutional violations may exist. These issues can significantly weaken the prosecution’s case and improve negotiation leverage.

In addition, a DUI attorney negotiates with prosecutors to seek reduced penalties, alternative sentencing options, or plea agreements that minimize long term consequences. Legal guidance helps ensure that penalties are not automatically accepted based on BAC alone and that every available defense and mitigation strategy is explored.

Conclusion

Arizona DUI penalties increase sharply as blood alcohol concentration rises. What may begin as a standard DUI can quickly become an extreme or super extreme DUI with mandatory jail time, higher fines, and longer ignition interlock requirements. Even first time offenders face serious consequences, and higher BAC levels leave little room for error.

Because BAC plays such a central role in how DUI cases are charged and punished, understanding these thresholds is critical. Test accuracy, arrest procedures, and aggravating factors all matter and can affect the final outcome. If you are facing a DUI charge in Arizona, speaking with an experienced defense attorney early can help protect your rights and reduce the long term impact of the case.

Frequently Asked Questions

Is jail mandatory for all DUI BAC levels in Arizona?

Yes. Arizona law requires jail time for most DUI convictions, even for first time offenses. The amount of mandatory jail increases as BAC level rises, with extreme and super extreme DUI charges carrying significantly longer minimum sentences.

Can BAC test results be challenged in court?

Yes. Breath and blood tests must be conducted according to strict rules. Issues with equipment calibration, testing procedures, storage of samples, or timing can affect accuracy. A defense attorney can review whether BAC results are reliable and legally admissible.

How long do ignition interlock devices stay installed?

The length of time depends on the BAC level and the specific conviction. Standard DUI convictions require shorter ignition interlock periods, while extreme and super extreme DUI convictions require the device for much longer durations.

Do penalties increase for a second DUI with a high BAC?

Yes. Prior DUI convictions significantly increase penalties at every BAC level. Repeat offenses can lead to longer jail sentences, higher fines, extended license revocations, and increased risk of felony charges.

Does refusing a BAC test change DUI penalties in Arizona?

Refusing a breath or blood test can result in automatic license suspension through the Arizona Motor Vehicle Division. Refusal may also affect how a DUI case is handled and can be used as evidence in certain situations.

Can a DUI with a high BAC be reduced to a lesser charge?

In some cases, yes. This depends on the strength of the evidence, testing accuracy, and whether legal issues exist with the stop or arrest. Plea negotiations or successful legal challenges may lead to reduced charges or penalties.

Will a high BAC DUI stay on my criminal record?

Yes. A DUI conviction remains on your criminal record and can be used to enhance penalties for future DUI charges. The long term impact makes it important to fully understand your options before resolving a case.

Should I speak with a lawyer even if my BAC was very high?

Yes. High BAC cases still involve legal and factual issues that can affect penalties. A lawyer can review the evidence, identify defenses, and work to minimize the consequences as much as possible.

What Is a Pretrial Conference in Arizona?

Mon, 02 Mar 2026 16:00:07 GMT

If you are facing criminal charges in Arizona, you may be told that your case is set for a pretrial conference. For many defendants, this term is confusing and can create uncertainty about what will happen and whether important decisions will be made. Understanding the purpose of a pretrial conference can help you feel more prepared and avoid unnecessary stress.

A pretrial conference is a key stage in the criminal process that takes place after arraignment and before trial. It is a working hearing where the judge, prosecutor, and defense attorney discuss the status of the case, including evidence issues, possible plea negotiations, and scheduling. Many cases move closer to resolution at this stage, which is why knowing what to expect and having legal guidance is especially important.

What is a Pretrial Conference?

A pretrial conference is a court hearing in an Arizona criminal case where the judge, the prosecutor, and the defense attorney meet to review the status of the case. The purpose is to make sure the case is progressing properly and to address any issues that could affect how it is resolved. This hearing is not a trial and does not involve testimony or a determination of guilt.

During a pretrial conference, the court focuses on practical matters such as whether evidence has been exchanged, whether legal motions are expected, and whether the case may resolve through a plea agreement. It is a structured opportunity for both sides to communicate with the court and clarify what needs to happen next.

Pretrial conferences are an important checkpoint in the criminal process. They help keep cases moving forward and often serve as a turning point where negotiations become more serious or key legal issues are identified.

When Does a Pretrial Conference Happen?

A pretrial conference usually takes place after the arraignment and before a case is set for trial. The exact timing depends on the type of charge, the court’s schedule, and how complex the case is. In misdemeanor cases, a pretrial conference may be scheduled fairly quickly. In felony cases, it may occur after additional hearings or once initial discovery has been exchanged.

The date for a pretrial conference is typically set by the judge at an earlier hearing and listed on court paperwork or online case records. Defendants may also be notified through their attorney. Because court schedules can change, it is important to stay in close contact with your lawyer so you do not miss any required appearances.

Timing matters because the pretrial conference often occurs when both sides have a clearer picture of the evidence. This makes it a key stage for identifying legal issues, discussing possible resolutions, and deciding whether the case is moving toward trial or another outcome.

What Happens at a Pretrial Conference

At a pretrial conference, the judge checks in with both sides to see where the case stands. One of the main topics is discovery, which is the exchange of evidence between the prosecution and the defense. The court may ask whether police reports, body camera footage, lab results, and other materials have been provided and reviewed.

The judge may also address legal issues that could affect the case. This includes whether either side plans to file motions, such as a motion to suppress evidence or a motion to dismiss. If there are outstanding issues, the court may set deadlines for resolving them.

Plea negotiations are often discussed at this stage. The prosecutor may confirm whether a plea offer has been made or whether negotiations are ongoing. The judge may ask if the case is likely to resolve or if it should be scheduled for further hearings or trial. The pretrial conference often ends with the court setting the next steps, which may include another pretrial conference, a motion hearing, or a trial date.

Step by Step: What to Expect on the Day

Before the pretrial conference, you will usually meet with your attorney to review the current status of your case. This may include discussing the evidence that has been received, any plea offers that exist, and the goals for the hearing. Your lawyer will explain what they plan to address with the judge and prosecutor.

When your case is called in court, your attorney will typically speak on your behalf. The judge may ask questions about discovery, motions, or whether the case is close to resolution. In most situations, defendants are not required to speak, and it is important not to volunteer information unless your lawyer advises you to do so.

After hearing from both sides, the judge will make any necessary orders. This may include setting deadlines, scheduling future hearings, or setting a trial date. In some cases, the court may allow time for further plea negotiations. The hearing usually ends quickly, but the decisions made can have a significant impact on how the case proceeds.

Do You Have to Attend the Pretrial Conference?

Whether you must personally attend a pretrial conference depends on the type of case and the court’s rules. In many misdemeanor cases, the defense attorney may be allowed to appear on your behalf, meaning you do not have to be present. In felony cases, personal attendance is more commonly required, especially at early stages.

The judge or court paperwork will usually indicate whether your appearance is mandatory. Even if attendance is not required, some attorneys may still recommend that you appear, particularly if important issues are being discussed or if the court wants to address release conditions.

Missing a required pretrial conference can lead to serious consequences, including a warrant for your arrest. Always confirm attendance requirements with your attorney and follow their guidance to avoid unnecessary problems.

What Can Be Decided at a Pretrial Conference?

A pretrial conference can result in several important decisions that shape the direction of a criminal case. One possible outcome is acceptance of a plea agreement or scheduling a change of plea hearing if the parties have reached an agreement. This is common when negotiations have progressed and both sides are close to resolution.

The court may also set or adjust deadlines for discovery and legal motions. If evidence has not been fully exchanged or reviewed, the judge can order timelines to keep the case moving. In some situations, release conditions or bail issues may be revisited, especially if circumstances have changed.

If the case is not ready to resolve, the judge may schedule additional pretrial conferences, motion hearings, or a trial date. These decisions help establish a clear path forward and ensure that both sides are prepared for the next stage of the process.

How Pretrial Conferences Affect Plea Bargains

Pretrial conferences are one of the most important stages for plea negotiations in Arizona criminal cases. By this point, both the prosecutor and the defense usually have a clearer understanding of the evidence, including strengths and weaknesses in the case. This information often shapes whether a plea offer is made, modified, or withdrawn.

Defense attorneys may use issues uncovered during discovery or legal research to negotiate better terms. Problems with searches, witness credibility, or missing evidence can give the defense leverage to seek reduced charges or lighter penalties. Prosecutors also reassess trial risk at this stage, which can lead to more realistic plea offers.

It is important not to feel pressured to make a quick decision at a pretrial conference. While negotiations often intensify, accepting a plea without fully understanding the consequences can lead to unintended results. A lawyer can help evaluate whether an offer reflects the true risks of the case or whether it is better to continue preparing for trial.

Common Mistakes to Avoid

One common mistake is missing the pretrial conference or arriving unprepared. Failing to appear when required can result in a warrant for your arrest and can seriously damage your position in the case. Always confirm the date, time, and whether your appearance is required.

Another mistake is discussing the facts of the case in public areas of the courthouse or on recorded jail calls. Anything you say outside of attorney client privilege can potentially be used against you. It is also a mistake to violate release conditions before a pretrial conference, as this can affect bail decisions and plea negotiations.

Some defendants feel pressure to accept a plea offer simply to end the process. Accepting a plea without understanding the evidence, the long term consequences, or available defenses can lead to outcomes that could have been avoided with proper legal guidance.

How a Lawyer Helps at Pretrial

A criminal defense lawyer plays a critical role during the pretrial conference stage. By this point, your attorney should have reviewed the available evidence, identified legal issues, and developed a strategy for how to move the case forward. This preparation allows your lawyer to speak confidently with the prosecutor and the judge about the status of the case.

At pretrial, your lawyer communicates with the prosecutor about plea offers, discovery problems, and possible resolutions. They may raise concerns about missing evidence, unlawful searches, or witness issues that affect the strength of the case. These discussions often influence whether a plea offer improves or whether the case moves toward motions or trial.

Your attorney also keeps you informed about what is happening and what decisions may need to be made. Having legal guidance ensures that you are not pressured into quick choices and that each step taken at pretrial aligns with your long term interests and defense strategy.

Conclusion

A pretrial conference is an important stage in an Arizona criminal case because it helps determine how the case will move forward. While it is not a trial and no final decision is made about guilt or innocence, it is often where key issues are identified, negotiations become more serious, and the path toward resolution or trial is set.

Being prepared for a pretrial conference and having an experienced defense attorney makes a significant difference. Legal guidance helps ensure that evidence issues are addressed, plea discussions are handled strategically, and deadlines are managed correctly. Understanding what a pretrial conference is and why it matters can help reduce confusion and allow you to approach this stage of the process with greater confidence.

Frequently Asked Questions

Is a pretrial conference the same as a trial?

No. A pretrial conference is not a trial and does not involve witnesses, evidence being presented, or a verdict. It is a procedural hearing used to discuss the status of the case and plan next steps.

Can my case be dismissed at a pretrial conference?

In some situations, yes. While dismissals are not common at pretrial conferences, a case may be dismissed if there are serious legal defects, missing evidence, or successful legal arguments raised by the defense. More often, pretrial sets the stage for motions that can later lead to dismissal.

Will I receive a plea offer at a pretrial conference?

Many plea offers are discussed or confirmed at pretrial conferences. In some cases, negotiations intensify at this stage because both sides have reviewed the evidence. However, a plea offer is not guaranteed.

Do I have to speak at the pretrial conference?

Usually not other than maybe saying your name and date of birth. Your attorney will speak on your behalf. Defendants are rarely required to speak, and you should not address the judge or prosecutor unless your lawyer advises you to do so.

What happens if I miss a required pretrial conference?

Missing a required pretrial conference can result in a warrant for your arrest and additional legal problems. Always confirm whether your appearance is required and attend all court dates as directed.

How many pretrial conferences are there in an Arizona case?

There can be more than one pretrial conference. Some cases have multiple pretrial hearings as discovery continues, motions are filed, or negotiations evolve.

Can release conditions or bail change at a pretrial conference?

Yes. In some cases, the court may revisit bail or release conditions at pretrial, especially if circumstances have changed or new information is presented.

Does a pretrial conference mean my case will settle soon?

Not necessarily. While many cases move closer to resolution at pretrial, others continue through additional hearings or proceed to trial. Each case follows its own timeline based on the facts and legal issues involved.

What Is a Plea Bargain in Arizona Criminal Cases?

Thu, 26 Feb 2026 09:10:25 GMT

If you are facing criminal charges in Arizona, you may hear the term plea bargain early in the process. Many people are unsure what a plea bargain actually means or whether accepting one is the right choice. Because plea bargains resolve a large percentage of criminal cases, understanding how they work is an important part of making informed decisions about your case.

A plea bargain is an agreement between the prosecution and the defense that allows a case to be resolved without going to trial. In exchange for a guilty or no contest plea, the state may agree to reduce charges, recommend a lighter sentence, or dismiss certain counts. While plea agreements can offer clear benefits, they also involve giving up important rights. Knowing how plea bargains work in Arizona can help you weigh your options and avoid unintended consequences.

What Is a Plea Bargain?

A plea bargain is an agreement between the prosecutor and the defendant to resolve a criminal case without going to trial. In Arizona, this typically involves the defendant agreeing to plead guilty or no contest in exchange for some form of concession from the state. That concession may be a reduced charge, a lighter sentence recommendation, or the dismissal of one or more counts.

Plea bargains are negotiated between the defense and the prosecution, but they are not final until approved by a judge. The court must ensure that the plea is entered voluntarily, that the defendant understands the rights being given up, and that there is a factual basis for the plea. The judge also has the authority to reject a plea agreement if it does not meet legal standards or appears inappropriate under the circumstances.

Once a plea bargain is accepted by the court, it becomes a binding legal agreement. This is why it is critical to review the terms carefully with an attorney before agreeing to any plea offer.

Why Do Prosecutors Offer Plea Bargains?

Prosecutors offer plea bargains for practical and strategic reasons. One major factor is efficiency. Criminal courts handle a high volume of cases, and plea agreements help manage crowded dockets and conserve time and resources.

Plea bargains also reduce risk for the prosecution. Trials are unpredictable, and even strong cases can be affected by witness issues, evidentiary problems, or legal challenges. By offering a plea, prosecutors secure a guaranteed outcome rather than risking an acquittal.

In some cases, plea offers reflect weaknesses in the evidence. Problems with searches, unreliable witnesses, or procedural errors can all influence whether the prosecution is willing to reduce charges or penalties. A defense attorney can often identify these issues and use them to negotiate better terms.

Why Do Defendants Accept Plea Bargains?

Many defendants accept plea bargains because they offer certainty and reduced exposure to harsher penalties. Going to trial can result in significantly higher sentences if a conviction occurs, especially in cases involving prior convictions or mandatory sentencing laws.

Plea agreements can also shorten the legal process. Trials can take months or longer, creating stress and disruption to work, family life, and finances. Resolving a case through a plea allows defendants to move forward sooner.

In some situations, a plea bargain may offer alternatives such as probation, treatment programs, or dismissal of certain charges. These options can be especially valuable for first time offenders or individuals trying to limit long term damage to their record.

Types of Plea Bargains in Arizona

Arizona criminal cases use several types of plea bargains. One common type is a charge reduction, where a more serious charge is reduced to a lesser offense, such as a felony being reduced to a misdemeanor.

Another type is a sentencing agreement. In these cases, the defendant pleads guilty or no contest with the understanding that the prosecutor will recommend a specific sentence or sentencing range. While judges are not always required to follow recommendations, they often give them significant consideration.

Some plea bargains involve dismissing certain counts while the defendant pleads to others. Pleas to lesser included offenses are also common and can reduce sentencing exposure and collateral consequences.

What Rights Do You Give Up by Accepting a Plea?

Accepting a plea bargain means giving up several important constitutional rights. The most significant is the right to a trial, where the state would be required to prove the charges beyond a reasonable doubt.

You also give up the right to confront and cross examine witnesses, the right to challenge evidence at trial, the right to a direct appeal if you lose, and the right to remain silent in court. Once a plea is accepted, the court enters a conviction, and those rights are permanently waived for that case.

Because these rights are fundamental, judges carefully question defendants during plea hearings to confirm that the decision is knowing and voluntary. Reviewing these consequences with an attorney before accepting a plea is essential.

Can a Judge Reject a Plea Bargain?

Yes. In Arizona, a judge has the authority to accept or reject a plea agreement. Even when both sides agree, the court must review the plea to ensure it is lawful and appropriate.

A judge may reject a plea if the sentence does not meet statutory requirements, if the agreement appears unfair given the facts, or if the defendant does not fully understand the consequences. The court must also confirm that there is a factual basis supporting the plea.

If a plea is rejected, the defendant may withdraw it. The case can then proceed with further negotiations or move toward trial.

When in the Process Are Plea Bargains Offered?

Plea bargains can be offered at many stages of an Arizona criminal case. Some offers are made early, shortly after charges are filed, in an effort to resolve the case quickly.

Other negotiations occur after the defense reviews evidence and identifies strengths or weaknesses in the prosecution’s case. Issues uncovered during discovery or legal motions can influence whether the state improves its offer.

In some cases, plea discussions continue until shortly before trial. The timing of an offer can affect its value, which is why legal guidance is important when deciding whether to accept or wait.

What Happens at a Plea Hearing?

At a plea hearing, the judge reviews the plea agreement in open court. The defendant is asked questions to confirm that the plea is voluntary and informed.

This includes understanding the charges, penalties, and rights being waived.

The court also reviews the factual basis for the plea. If the judge is satisfied, the plea is accepted and a conviction is entered. Sentencing may occur immediately or be scheduled for a later date.

Once a plea is accepted, the option to go to trial is no longer available.

Should You Accept a Plea Bargain?

Deciding whether to accept a plea bargain depends on the facts of the case, the strength of the evidence, and the potential consequences of trial. There is no universal answer that applies to every case.

It is important to consider the long term impact of a conviction, including effects on employment, licensing, housing, and immigration status when applicable. Even reduced charges can carry lasting consequences.

A defense attorney can help compare the risks of trial with the benefits of a plea so the decision is based on strategy and information rather than pressure or fear.

How a Lawyer Helps With Plea Negotiations

A criminal defense lawyer evaluates the prosecution’s case, identifies weaknesses, and assesses trial risk. This analysis helps determine whether a plea offer is reasonable or should be challenged.

Attorneys negotiate directly with prosecutors for better terms, such as reduced charges, lighter sentencing ranges, or alternatives to incarceration. They also present mitigating factors that may influence the outcome.

Equally important, a lawyer explains the full consequences of a plea so there are no surprises later. Legal guidance ensures that any plea decision is informed and aligned with the client’s best interests.

Conclusion

Plea bargains are a common part of Arizona criminal cases, but they carry serious consequences. While a plea can reduce penalties or resolve a case more quickly, it also involves giving up important rights and accepting a conviction.

Every case is different. Understanding the evidence, evaluating trial risk, and considering long term consequences are critical steps before accepting any agreement. Working with an experienced criminal defense attorney helps ensure that any plea decision is thoughtful, informed, and made to protect your future.

Frequently Asked Questions

Is a plea bargain the same as pleading guilty?

A plea bargain usually involves pleading guilty or no contest, but it is part of a negotiated agreement that includes concessions from the prosecution.

Do I have to accept the prosecutor’s plea offer?

No. You are not required to accept a plea bargain. You have the right to reject the offer and proceed toward trial.

Can a plea bargain reduce a felony to a misdemeanor?

Yes. Some plea agreements reduce felony charges to misdemeanors, which can significantly lessen long term consequences.

Can I change my mind after accepting a plea bargain?

Once a plea is accepted by the court, withdrawing it is difficult and allowed only in limited circumstances.

Will a plea bargain appear on my criminal record?

Yes. A plea bargain results in a conviction that appears on your criminal record unless later dismissed or eligible for record sealing.

Does accepting a plea mean I avoid jail?

Not always. Some pleas include jail time, while others involve probation, fines, or treatment.

Can a judge change the terms of a plea bargain?

A judge cannot change the terms but can accept or reject the agreement.

Should I accept a plea bargain without a lawyer?

It is strongly discouraged. Plea bargains involve rights and long term consequences that should always be reviewed with an attorney.

What Is a Class 6 Felony in Arizona?

Thu, 26 Feb 2026 08:50:19 GMT

Arizona divides felony offenses into six classes, with Class 1 being the most serious and Class 6 being the lowest level. Even though Class 6 is considered the least severe felony category, it is still a felony conviction and carries significant legal and long term consequences.

Many people charged with a Class 6 felony want to know whether they can avoid prison, reduce the charge to a misdemeanor, or clear their record in the future. In some cases, Arizona law allows flexibility that does not exist with higher felony classes. Understanding how Class 6 felonies work, including sentencing ranges and possible reductions, is critical to protecting your future and making informed decisions about your case.

What Is a Class 6 Felony?

A Class 6 felony is the lowest level felony offense under Arizona law. Felonies in Arizona are divided into six categories, with Class 1 being the most serious and Class 6 being the least severe. Even though it is the lowest felony classification, a Class 6 conviction is still a criminal felony and can have lasting consequences.

Felony classifications are based on the seriousness of the conduct and the potential harm involved. Class 6 felonies typically involve lower-level offenses compared to higher felony classes, but they are still treated more seriously than misdemeanors. A conviction can affect employment opportunities, housing applications, professional licenses, and other areas of life.

In some situations, a Class 6 felony may qualify for special treatment under Arizona law, including the possibility of being designated as a misdemeanor. However, until that designation occurs, it remains a felony offense with all associated legal consequences.

Common Examples of Class 6 Felonies

Class 6 felonies in Arizona often involve lower-level criminal conduct compared to more serious felony classes, but they still carry significant consequences. Many first time felony offenders are charged at this level.

Common examples include certain drug possession offenses, particularly possession of small amounts of controlled substances. Some theft offenses that fall below higher dollar thresholds may also be classified as Class 6 felonies. In certain circumstances, lower-level assault or domestic violence charges can be charged at this level, especially if there are prior convictions involved.

The exact classification depends on the statute involved and the facts of the case. Even though these offenses may seem minor compared to higher felony charges, they are still felony convictions unless reduced by the court.

Sentencing Ranges for a Class 6 Felony

Sentencing for a Class 6 felony in Arizona depends on several factors, including whether the defendant has prior felony convictions and whether the court finds mitigating or aggravating circumstances. For a first time offender, prison is not always mandatory, and probation is often available.

Arizona law provides a range of possible prison terms for Class 6 felonies. For someone with no prior felony history, the court may impose a mitigated sentence, a presumptive sentence, or an aggravated sentence depending on the facts of the case. However, in many first offense cases, the court may choose probation instead of prison, especially if the offense is non-violent.

If a person has prior felony convictions, sentencing exposure increases significantly. Repeat offenders may face longer prison terms and reduced eligibility for probation. Because sentencing ranges can vary widely based on criminal history and case details, understanding the potential outcomes early in the case is critical when evaluating plea offers and defense strategy.

Can a Class 6 Felony Be Reduced to a Misdemeanor?

In some cases, yes. Arizona law allows certain Class 6 felonies to be treated as undesignated offenses. This means the court can leave the conviction open ended at sentencing rather than immediately classifying it as a felony or a misdemeanor.

If a Class 6 felony is left undesignated, it is treated as a felony unless and until the court formally designates it as a misdemeanor. During probation, the defendant must comply with all court ordered conditions. Successful completion of probation can increase the likelihood that the court will later reduce the conviction to a misdemeanor.

Whether a reduction is available depends on the specific offense, the defendant’s criminal history, and the circumstances of the case. Violent offenses and certain serious crimes are not eligible for this type of treatment. Because the possibility of reduction can significantly affect long term consequences, negotiating for undesignated status is often a key focus in plea discussions.

What Is an Undesignated Class 6 Felony?

An undesignated Class 6 felony, sometimes called an open ended felony, is a special category under Arizona law. At sentencing, the judge may choose not to immediately label the conviction as either a felony or a misdemeanor. Instead, the offense remains undesignated while the defendant is placed on probation.

While the offense is undesignated, it is treated as a felony for most legal purposes. This means it appears as a felony on background checks and carries felony level consequences unless and until the court changes the designation. The benefit of this arrangement is the opportunity to earn a reduction.

If the defendant successfully completes probation and complies with all court ordered conditions, the court has the discretion to designate the offense as a misdemeanor. This can significantly reduce the long term impact of the conviction. However, if probation is violated, the court may formally designate the offense as a felony and impose additional penalties.

Collateral Consequences of a Class 6 Felony

Even though Class 6 is the lowest felony level in Arizona, a conviction can carry long term consequences beyond sentencing. A felony record can appear on background checks and may affect employment opportunities, housing applications, and educational prospects.

Certain professional licenses may be impacted by a felony conviction, depending on the field and the nature of the offense. Employers in healthcare, education, finance, and government positions often conduct detailed background reviews. A felony conviction can also affect eligibility for certain state benefits and certifications.

In addition, a felony conviction can impact firearm rights under both Arizona and federal law. Immigration consequences may also apply to non-citizens, depending on the type of offense. Because these collateral effects can last long after probation or prison ends, minimizing or reducing a Class 6 felony can make a significant difference in a person’s future.

Can a Class 6 Felony Be Sealed or Set Aside?

In many cases, a Class 6 felony may qualify for record relief under Arizona law. Depending on the circumstances, a person may be eligible to have the conviction set aside or sealed after completing all sentencing requirements, including probation and payment of fines.

A set aside does not erase the conviction, but it shows that the sentence has been successfully completed and can improve how the record appears to employers and others. Record sealing, if available, can provide additional protection by limiting public access to the case. Eligibility depends on the specific offense and whether the required waiting period has passed.

If a Class 6 felony has been designated as a misdemeanor, this may improve eligibility for certain forms of record relief. Because timing and eligibility rules are strict, it is important to review the case carefully before filing any petition for record relief.

How Plea Bargains Involve Class 6 Felonies

Class 6 felonies are often central to plea negotiations in Arizona criminal cases. In some situations, prosecutors may agree to reduce a higher level felony charge down to a Class 6 felony as part of a plea agreement. This can significantly lower potential prison exposure and improve the chances of probation.

In other cases, the focus of negotiations is not just the felony class but whether the offense can be left undesignated. Securing an undesignated Class 6 felony as part of a plea agreement may create the opportunity for later reduction to a misdemeanor. This can dramatically reduce the long term impact of the conviction.

Because Class 6 felonies offer more flexibility than higher felony classes, they are often used as a compromise position between the prosecution and the defense. An experienced defense attorney will evaluate whether the plea terms truly limit long term consequences or whether additional negotiation may be possible.

How a Lawyer Helps With Class 6 Felony Charges

A criminal defense attorney plays a critical role in protecting your rights when facing a Class 6 felony charge. From the beginning of the case, a lawyer evaluates the strength of the evidence, identifies possible defenses, and determines whether the charge itself can be challenged or reduced.

An attorney also focuses on minimizing sentencing exposure. This may involve negotiating for probation instead of prison, seeking an undesignated classification, or working toward a plea agreement that limits long term consequences. In some cases, legal motions can weaken the prosecution’s case and improve negotiation leverage.

Beyond the immediate sentence, a lawyer considers the broader impact of a conviction. This includes future record sealing, restoration of rights, and protecting employment opportunities. Because even a low level felony can affect many areas of life, having experienced legal guidance can make a meaningful difference in both the short term and the long term outcome.

Conclusion

A Class 6 felony is the lowest felony classification in Arizona, but it is still a serious criminal charge. A conviction can lead to probation, prison exposure, and long term consequences that affect employment, housing, and civil rights. Understanding how Class 6 felonies are treated under Arizona law is essential when evaluating your options.

In some cases, a Class 6 felony offers flexibility that higher level felonies do not. The possibility of probation, undesignated status, or later reduction to a misdemeanor can significantly change the long term impact of a conviction. These opportunities depend on the facts of the case and effective legal strategy.

If you are facing a Class 6 felony charge in Arizona, early legal guidance is critical. A defense attorney can evaluate reduction options, negotiate strategically, and work to protect your future at every stage of the case.

Frequently Asked Questions

Is a Class 6 felony considered serious in Arizona?

Yes. Although it is the lowest felony level, a Class 6 felony is still a felony conviction. It can carry prison exposure, probation requirements, and long term consequences that affect employment and civil rights.

Can I avoid prison with a Class 6 felony?

In many first time, non-violent cases, probation may be available instead of prison. Eligibility depends on the specific charge, criminal history, and the facts of the case.

Can a Class 6 felony become a misdemeanor?

In some cases, yes. Certain Class 6 felonies can be left undesignated at sentencing and later reduced to a misdemeanor after successful completion of probation. Not all offenses qualify for this option.

How long does a Class 6 felony stay on my record?

A felony conviction remains on your criminal record unless it is reduced, set aside, or sealed. Even if designated as a misdemeanor later, the case history still exists but may appear differently on background checks.

Does a Class 6 felony affect gun rights?

Yes. A felony conviction can affect firearm rights under both Arizona and federal law. Restoration of rights may be possible in some situations, but it requires a separate legal process.

Can I seal or set aside a Class 6 felony?

Many Class 6 felonies may qualify for record relief after all sentencing terms are completed. Eligibility depends on the type of offense and whether required waiting periods have passed.

Will a Class 6 felony show up on a background check?

Yes. Unless sealed, a Class 6 felony will typically appear on criminal background checks. Reduction to a misdemeanor or record relief may change how it appears, but it does not automatically erase the case.

Should I hire a lawyer for a Class 6 felony charge?

Yes. Even though it is the lowest felony level, the consequences can be significant. A defense attorney can evaluate reduction options, negotiate for probation or undesignated status, and help protect your long term interests.

How Does Bail Work in Arizona?

Tue, 03 Feb 2026 13:12:14 GMT

When someone is arrested in Arizona, one of the first questions their family asks is whether they will be able to come home. Bail plays a major role in that decision, but the process is often confusing and stressful, especially for people dealing with the criminal justice system for the first time. Understanding how bail works can help families and defendants make informed decisions during a difficult time.

Bail in Arizona is designed to ensure that a person returns to court while allowing them to remain out of custody while their case is pending. It is not a determination of guilt, and it is not meant to be punishment. However, bail decisions can affect finances, freedom, and daily life for weeks or even months. Knowing what factors judges consider and what options may be available can help you navigate the process more confidently and avoid costly mistakes early in a case.

What Is Bail in Arizona?

Bail is a legal mechanism that allows a person who has been arrested to remain out of jail while their criminal case is pending. In Arizona, bail is intended to balance two goals. The first is ensuring that the defendant returns to court for all required hearings. The second is protecting public safety while the case moves through the legal system.

When bail is set, the court is requiring a financial or conditional guarantee that the defendant will comply with court orders. If the defendant appears in court as required and follows all release conditions, the bail requirement is satisfied. If the defendant fails to appear or violates conditions, the court may issue a warrant and take action against the bond.

It is also important to understand the difference between bail and bond. Bail refers to the amount or conditions set by the court, while a bond is the method used to satisfy that requirement. This may involve paying money directly to the court or working with a bail bond company.

How Bail Is Decided in Arizona Criminal Cases

A judge decides whether bail will be set and under what conditions. This decision is usually made at an initial appearance or arraignment shortly after arrest. Bail decisions are not based on guilt or innocence, but on risk factors related to the defendant and the charge.

Judges consider the severity of the alleged offense, whether violence was involved, and the defendant’s criminal history. Prior failures to appear in court are also important. Courts also look at community ties such as employment, family responsibilities, length of residence in Arizona, and whether the defendant has a stable place to live.

Public safety is a major factor. If the court believes the defendant poses a risk to others or is likely to reoffend while the case is pending, bail may be set higher or include strict conditions. In lower level cases with minimal risk, release may be granted with limited restrictions.

Release on Your Own Recognizance

Release on your own recognizance, often called OR release, allows a defendant to leave custody without posting bail. Instead of paying money, the defendant signs an agreement promising to return to court and comply with all release conditions.

OR release is more common in nonviolent cases and for defendants with little or no criminal history. Judges are more likely to grant this type of release when a defendant has strong community ties, steady employment, family responsibilities, and a record of appearing in court when required.

Even without a financial bond, OR release usually comes with conditions. These may include travel restrictions, no contact orders, or restrictions on using alcohol. Violating these conditions can result in immediate re arrest.

Types of Bail and Bonds in Arizona

When bail is required, there are several ways it can be posted. A cash bond involves paying the full bail amount directly to the court. If the defendant complies with all court requirements, the money is generally returned at the end of the case, minus any applicable fees.

Another option is using a bail bond company. The bondsman posts bail in exchange for a nonrefundable fee, typically 10% of the total bail amount. The defendant and any co signer are responsible for ensuring all court appearances are met. If the defendant fails to appear, the bond company may seek repayment of the full bail amount.

Some cases involve unsecured bonds, or promissory bonds. No money is paid upfront, but the defendant agrees to pay a set amount only if they fail to follow court orders. Each option carries different risks, so it is important to understand the obligations before choosing how to post bail.

Common Bail Conditions and Restrictions

Arizona courts often impose conditions in addition to setting bail. These conditions are meant to reduce risk and ensure compliance. Even when bail is affordable or waived, conditions can significantly affect daily life.

Common conditions include travel restrictions, no contact orders with alleged victims or witnesses, drug or alcohol testing, counseling, and regular check ins with pretrial services. Some cases involve electronic monitoring or curfews.

Violating any release condition can lead to serious consequences, including re arrest, increased bail, or revocation of release. Strict compliance is critical while a case is pending.

When Bail Can Be Denied in Arizona

In certain serious cases, Arizona law allows the court to deny bail entirely. This usually occurs when the court finds that the defendant poses a substantial danger to the public or is unlikely to appear in court if released.

Cases involving serious violent offenses, repeat felony conduct, or new charges while already on release may result in no bail. These decisions often involve a separate hearing where the court evaluates whether any conditions could reasonably protect public safety.

No bail is different from high bail. High bail still allows for release if conditions are met. No bail means the defendant remains in custody while the case proceeds. Legal representation is especially important in these situations.

Can Bail Be Changed After It Is Set?

Bail and release conditions can often be modified after they are set. A defense attorney may request a bail modification if circumstances change or if new information becomes available.

Requests may involve lowering bail, reducing conditions, or converting a secured bond to OR release. Supporting evidence often includes proof of employment, housing stability, family obligations, and compliance with existing conditions.

Judges may also increase bail if violations occur. Following all court orders and addressing concerns early helps prevent negative changes to release status.

What Happens If Bail Is Violated?

Violating bail or release conditions can lead to serious consequences. Violations include missing court, failing drug tests, contacting prohibited individuals, or breaking any release condition.

The court may issue a warrant for arrest, revoke release, or increase bail. If bail money was posted, it may be forfeited. Bail bond companies may also pursue repayment from the defendant or co signer.

Taking release conditions seriously and working with a lawyer if issues arise can help prevent these outcomes.

How a Lawyer Can Help With Bail

A criminal defense lawyer can advocate for fair bail and reasonable conditions from the start. Attorneys present mitigating factors such as employment, family ties, and community connections to reduce perceived risk.

Lawyers can also challenge inaccurate information, propose alternative conditions, and request bail modification hearings when appropriate. In no bail or high bail cases, legal advocacy can be critical.

For families, a lawyer provides clarity about options, financial risks, and obligations. Early legal involvement often makes the difference between remaining in custody and returning home while a case is pending.

Conclusion

Bail is one of the most important early decisions in an Arizona criminal case. While it is not meant to punish, it can have a major impact on freedom, finances, and family life. Understanding how bail works helps defendants and families make informed choices during a stressful time.

Because bail decisions are based on legal standards and risk assessments, experienced legal guidance matters. A criminal defense lawyer can advocate for fair release terms and help protect your rights. If you or a loved one is facing bail issues in Arizona, seeking legal advice early can provide clarity and peace of mind.

Frequently Asked Questions

How soon is bail set after an arrest in Arizona?

Bail is usually addressed at an initial appearance or arraignment, often within 24 hours of arrest, depending on the charge and custody status.

Do I get my bail money back after the case ends?

Cash bail posted directly with the court is typically returned if all court requirements are met, minus any fees. Bail bond company fees are how they make their profits, so typically 10% of the fee is nonrefundable, but the collateral you provide them for the rest of the bond is typically refundable if you comply with your terms of release.

What happens if I cannot afford bail?

An attorney may request a lower bail amount or alternative release conditions. Some defendants qualify for OR release, pretrial services, or reduced conditions.

Can family members post bail for me?

Yes. Family or friends may post bail, but they should understand the financial responsibility involved, especially when co signing with a bond company.

Can bail conditions include treatment or counseling?

Yes. Courts often require treatment, counseling, or testing as conditions of release, particularly in drug or alcohol related cases.

What happens if I miss a court date while out on bail?

The court may issue a warrant, revoke release, and forfeit bail. Missing court also makes future bail harder to obtain.

Can bail be changed later in the case?

Yes. Bail can be modified if circumstances change or new information is presented to the court.

Is bail the same as being found not guilty?

No. Bail has nothing to do with guilt or innocence. It only addresses release while the case is pending.

What Happens at an Arraignment in Arizona Criminal Cases?

Wed, 28 Jan 2026 16:08:44 GMT

If you have been arrested or charged with a crime in Arizona, one of the first court hearings you will face is the arraignment. For many people, this is their first time in a criminal courtroom, which can make the process feel intimidating and confusing. Understanding what happens at an arraignment can help ease uncertainty and prevent mistakes that could affect your case.

An arraignment is a procedural hearing where the court formally presents the charges against you, explains your rights, and asks how you wish to plead. It is not a trial, and no evidence is argued at this stage. However, important decisions may be made regarding bail, release conditions, and the next steps in your case. Knowing what to expect and having legal guidance before your arraignment can help protect your rights and set the tone for the rest of the criminal process.

What Is an Arraignment in Arizona?

An arraignment is the first or second formal court appearance in an Arizona criminal case. It usually takes place shortly after an arrest or after prosecutors file criminal charges. The purpose of the arraignment is to officially notify you of the charges against you and to ensure that you understand your constitutional rights before the case moves forward.

During an arraignment, the court does not decide guilt or innocence. Instead, the judge confirms your identity, reads or summarizes the charges, and explains your legal rights, including your right to an attorney and your right to remain silent. The court will also ask you to enter a plea, which helps determine how the case proceeds. Because this hearing sets the foundation for the rest of the criminal process, what happens at an arraignment can influence bail decisions, scheduling, and your overall defense strategy.

What Happens During an Arraignment Hearing?

At an arraignment hearing, the judge follows a structured process designed to formally begin the criminal case. The judge will first confirm your identity and make sure you are the correct person named in the complaint or indictment. The charges against you are then read aloud or summarized, so you understand exactly what the state is accusing you of.

Next, the judge explains your constitutional rights. This includes your right to an attorney, your right to remain silent, and your right to a trial. You may also be informed about deadlines, court expectations, and the potential consequences of the charges. After your rights are explained, the judge will ask you to enter a plea.

In many cases, the court will also review your custody status at this time. This may involve confirming existing bail, setting a bond, modifying release conditions, or releasing you on your own recognizance. The arraignment is typically brief, and no witnesses testify and no evidence is presented. Even so, decisions made at this stage can affect how restrictive your release conditions are and how your case proceeds.

What Pleas Can Be Entered at an Arraignment?

At your arraignment, the judge will ask how you wish to plead to the charges. The most common plea entered at this stage is not guilty. A not guilty plea preserves all your legal rights and allows your attorney time to collect and review the evidence, investigate the case, and explore possible defenses or resolutions.

A guilty plea means you admit to the charge and give up your right to a trial. This is rarely recommended at an arraignment, especially before receiving and reviewing the prosecution’s evidence or speaking with a lawyer. Once a guilty plea is entered, it can be extremely difficult or impossible to undo.

A no contest plea means you do not admit guilt but accept a conviction. This plea is sometimes used in limited situations, but it still results in a criminal conviction and should not be entered without legal advice. In most cases, an experienced defense attorney will advise entering a not guilty plea at arraignment so the case can move forward with all options available.

Will Bail or Release Conditions Be Decided at Arraignment?

In many Arizona criminal cases, bail or release conditions are not reviewed at the arraignment unless the arraignment is also your initial appearance. If there was an initial appearance where a court determined your release conditions, the arraignment judge will typically affirm those prior conditions.

Possible outcomes include release on your own recognizance, releasing you to pretrial service, setting or adjusting a bond amount, or imposing specific non-monetary conditions of release. These conditions may include travel restrictions, no contact orders, drug or alcohol testing, counseling, or regular check ins with pretrial services. The goal is to ensure that you return to court and do not pose a risk to yourself or others while the case is pending.

Having an attorney at arraignment can be especially important during this phase. A lawyer can sometimes argue for lower bail, fewer restrictions, or release without bond by presenting information about your ties to the community, employment, and lack of flight risk. Bail decisions made at arraignment can significantly affect your daily life while the case is ongoing.

Do I Need a Lawyer at My Arraignment?

You have the right to an attorney at your arraignment, and having legal representation at this stage can be extremely important. While the hearing may seem brief and procedural, decisions made at arraignment can affect your freedom, your release conditions, and the overall direction of your case.

An attorney can enter a plea on your behalf, address the judge directly, and advocate for reasonable bail or release terms. Without a lawyer, you may not know what to say or what information should be shared with the court. In some situations, speaking too much or providing unnecessary details can work against you later.

If you cannot afford a private attorney, the court may appoint a public defender, although this may not happen until after the arraignment. Hiring a criminal defense lawyer before your arraignment allows them to prepare in advance, appear with you, and begin protecting your rights from the very first court appearance.

How Long Does an Arraignment Take?

Arraignments in Arizona are usually brief. In many cases, the hearing lasts only a few minutes. Courts often schedule multiple arraignments at the same time, which means you may spend more time waiting than actually speaking to the judge.

The length of the hearing depends on several factors, including whether bail or release conditions need to be addressed and whether you already have an attorney. Cases involving custody issues or contested release terms may take slightly longer, but the arraignment itself is still a short proceeding.

Even though the hearing is quick, it is an important step in the criminal process. What happens during those few minutes can influence the conditions you must follow and how your case moves forward, which is why preparation and legal guidance are still critical.

What Happens After the Arraignment?

After the arraignment, your case moves into the pretrial phase of the Arizona criminal process. This is when your attorney begins reviewing the evidence, including police reports, body camera footage, and any laboratory results. The prosecution is required to share evidence with the defense, a process known as discovery.

The court will usually schedule future dates, such as a pretrial conference or case management conference. These hearings allow both sides to discuss the status of the case, raise legal issues, and explore possible resolutions. Depending on the charges, this phase may also include discussions about diversion programs, plea negotiations, or filing motions to challenge the evidence.

Most criminal cases are resolved after arraignment and before trial. What happens during this stage often determines whether the case is dismissed, reduced, resolved through a plea agreement, or prepared for trial. Having a defense strategy in place early gives you more control over the outcome.

What Should I Do Before My Arraignment?

Preparing for your arraignment can help the hearing go smoothly and protect your rights. If possible, speak with a criminal defense attorney before your court date so they can explain the process and advise you on how to proceed. Your lawyer may be able to appear with you or, in some cases, appear on your behalf.

Plan to arrive early, dress neatly, and follow courtroom rules. Being respectful and organized can make a positive impression. You should also carefully follow any release conditions that were set after your arrest, such as travel restrictions or no contact orders.

Do not discuss the facts of your case with anyone other than your attorney. Avoid contacting alleged victims or witnesses, and do not post about the situation online. Staying cautious and prepared before your arraignment helps prevent mistakes that could complicate your defense later.

Common Mistakes to Avoid at an Arraignment

One of the most common mistakes people make at an arraignment is speaking directly to the judge about the facts of the case. This is not the time to explain what happened or try to defend yourself. Anything you say in court can be used against you later.

Another mistake is entering a guilty plea without legal advice. Even if you believe the charge is minor or think resolving it quickly is best, pleading guilty at arraignment can limit your options and result in unnecessary consequences. Missing the arraignment or arriving late is also a serious error that can lead to a warrant for your arrest.

Violating release conditions before or after the arraignment can significantly harm your case. Courts take these violations seriously and may respond by increasing bail or adding restrictions. Avoiding these mistakes helps keep your defense intact and your case moving forward.

Conclusion

An arraignment is often the first or second step in an Arizona criminal case, and while it may seem brief, it plays an important role in shaping what happens next. This hearing is not about proving guilt or innocence, but it does set the tone for bail decisions, release conditions, and the overall direction of your case. Knowing what to expect can reduce stress and help you avoid mistakes that could have long term consequences.

Having a lawyer involved before or at your arraignment can make a meaningful difference. Legal guidance ensures your rights are protected, your plea is entered properly, and your release conditions are addressed strategically. If you are facing an arraignment in Arizona, speaking with an experienced criminal defense attorney as soon as possible is one of the best ways to protect your future.

Frequently Asked Questions

Can charges be dismissed at an arraignment?

In most cases, charges are not dismissed at an arraignment. This hearing is procedural and is meant to formally begin the case. However, in rare situations where there is a clear legal defect, a case may be dismissed early. Most dismissals happen later, after evidence is reviewed or legal motions are filed.

Can bail be lowered at an arraignment?

Sometimes. The judge may review bail or release conditions at the arraignment, but if you already had release conditions set at an initial appearance, the judge is most likely to affirm those conditions. With the help of an attorney, it may be possible to request a lower bond amount or less restrictive conditions based on factors such as employment, community ties, and lack of prior criminal history.

What happens if I miss my arraignment?

Missing an arraignment can result in a warrant for your arrest and additional charges. It can also make it harder to obtain favorable bail terms later. If you believe you cannot attend your arraignment, you should contact an attorney immediately.

Will the alleged victim be present at my arraignment?

In most cases, the alleged victim does not attend the arraignment; however, they have a right to be there and can attend.

Does an arraignment mean I am going to trial?

No. An arraignment does not mean your case will go to trial. Many criminal cases are resolved through dismissals, plea agreements, or diversion programs before trial ever occurs. The arraignment simply starts the formal court process.

Can my lawyer attend the arraignment for me?

In some cases, an attorney may be able to appear on your behalf or waive the arraignment all together, especially for certain misdemeanor charges. This depends on the court and the type of case. Your lawyer can tell you whether your personal appearance is required.

What should I bring to my arraignment?

You generally do not need to bring evidence or documents to an arraignment. Bring identification if required and any paperwork you received after your arrest. Your attorney will handle legal arguments and filings.

How soon after arrest is an arraignment held in Arizona?

The timing depends on the charge and whether you were in custody. Some arraignments occur within a few days of arrest, while others happen after charges are formally filed. Your attorney can confirm the schedule for your case.

What Should I Do if Police Want to Search My Car in Arizona?

Fri, 23 Jan 2026 14:47:43 GMT

If police ask to search your car in Arizona, it can be stressful and confusing, especially if you are stopped on the side of the road. Many people are not sure what their rights are or whether they are required to agree. What you say and do in that moment can have a major impact on what happens next and whether any evidence can be used against you.

Arizona drivers have important rights under the Fourth Amendment, which protects against unreasonable searches and seizures. In many situations, you are allowed to refuse a vehicle search unless police have a legal reason to proceed without your consent. Knowing how to respond calmly and clearly can help protect your rights and preserve important legal defenses if charges are later filed.

Do Police Need Your Permission to Search Your Car?

In many situations, police need your permission to search your vehicle. This is known as a consent search. During a traffic stop, an officer may ask if they can look inside your car, check the trunk, or search for illegal items. You are not required to agree to this request, even if you have nothing to hide.

Officers often ask for consent because it allows them to search without having to meet a higher legal standard. If you say yes, anything they find can usually be used as evidence in court. If you say no, the officer must have a legal justification to continue, such as probable cause or a valid warrant.

Refusing consent is not an admission of guilt. It is the exercise of a constitutional right. As long as you remain calm and do not interfere with the officer, clearly stating that you do not consent is lawful and appropriate in Arizona.

How to Refuse a Vehicle Search in Arizona

If an officer asks to search your car, the best response is to stay calm and clearly state that you do not consent. You do not need to explain your decision or give a reason. A simple statement such as, “I do not consent to any searches,” is enough.

Remain polite and do not raise your voice or make sudden movements. Refusing consent does not give you the right to block or interfere with an officer. Your goal is to clearly state your position while avoiding any actions that could be misinterpreted.

Even if police search your car anyway, your refusal still matters. It can be used later by your attorney to challenge whether the search was legal and whether any evidence should be excluded.

What Is Probable Cause for a Vehicle Search?

Probable cause means that an officer has a reasonable belief, based on specific facts, that a crime has been committed or that evidence of a crime is inside your vehicle. If police have probable cause, they can search your car without your consent.

Examples include the smell of marijuana or other drugs, seeing illegal items in plain view, hearing an admission from someone in the car, or receiving a positive alert from a trained drug detection dog. Information from a reliable informant can also be used.

Probable cause must be based on facts, not guesses or hunches. Whether probable cause existed is something a judge can review later if charges are filed.

Can Police Search My Car Without a Warrant?

Police can often search a car without a warrant under the automobile exception. Because vehicles are mobile, officers are allowed to search a car if they have probable cause to believe it contains evidence of a crime.

The search must be limited to areas where that type of evidence could reasonably be located. Officers cannot use this exception to conduct a broad or unrelated search.

Different rules may apply to parked vehicles or situations where the driver is not present. These details can matter when evaluating whether a search was lawful.

What Happens if Police Search My Car Anyway?

If police search your car after you have refused consent, do not physically resist or interfere. Obstructing an officer can lead to additional charges. Stay calm, keep your hands visible, and avoid making statements.

Whether the search was legal will be decided later in court. If police lacked valid probable cause or exceeded their legal authority, your attorney can ask the judge to suppress any evidence found. When evidence is suppressed, it cannot be used against you.

Your clear refusal to consent can help your lawyer argue that the search violated your rights.

What About K9 Searches in Arizona?

Police may use drug detection dogs during traffic stops, but they cannot unreasonably delay a stop just to wait for a K9 unit unless they already have reasonable suspicion of criminal activity.

A K9 sniff around the outside of a car is generally allowed if it does not extend the length of the stop. If a dog alerts to the presence of drugs, that alert can create probable cause to search the vehicle.

However, issues such as improper delays, unreliable dogs, or flawed training can make a K9 search legally questionable. These issues can be challenged by a defense attorney.

Can Anything I Say During a Search Be Used Against Me?

Yes. Anything you say during a traffic stop or search can be used as evidence. Even casual comments or attempts to explain yourself can be used to justify a search or support charges.

You have the right to remain silent. You can state that you do not wish to answer questions and that you want to speak with a lawyer. You still must provide identification and comply with lawful orders, but you do not have to discuss what is in your car.

Staying quiet while remaining respectful is often the safest choice.

How a Lawyer Can Challenge an Illegal Vehicle Search

If police searched your car without proper legal justification, a defense attorney can ask the court to exclude the evidence. This is done through a motion to suppress.

A lawyer will review body camera footage, police reports, and the details of the stop to determine whether the search violated the Fourth Amendment. Issues such as lack of probable cause, improper delays, or overly broad searches can lead to evidence being thrown out.

In many cases, suppressing key evidence can result in reduced charges or a dismissal.

Conclusion

Being asked to allow a police search of your car can be intimidating, but you have important rights. In many situations, you can refuse consent, and doing so can protect you from an unlawful search.

Staying calm, clearly stating that you do not consent, and limiting what you say helps protect your legal position. If police search your car anyway, a criminal defense lawyer can review what happened and challenge any violations. Knowing how to handle a vehicle search request can protect your freedom and your future.

Frequently Asked Questions

Can I be arrested for refusing a vehicle search in Arizona?

No. Refusing consent is a constitutional right. Police cannot arrest you just for saying no, although they may still search if they believe they have probable cause.

Should I unlock my car if police ask?

You are not required to unlock your vehicle if you have refused consent. If police proceed anyway, do not interfere and let your lawyer address it later.

Can police search my trunk?

Police can search your trunk only if they have your consent or probable cause to believe evidence is located there.

What if the illegal items belong to someone else?

Possession requires knowledge and control. If the items belonged to someone else and you were not aware of them, that can be a strong defense.

Can police search my car if I am just a passenger?

Police usually need the driver’s consent or probable cause to search the vehicle. Passengers also have rights related to their personal belongings.

Can I record a traffic stop in Arizona?

Yes. You can generally record police in public as long as you do not interfere with their duties.

Can police search my car after giving me a ticket?

Once the reason for the stop has ended, police cannot extend it without reasonable suspicion or probable cause.

 What should I do if I think a search was illegal?

Contact a criminal defense attorney as soon as possible so the search can be reviewed and challenged if necessary.

What to Do if Charged with Drug Possession in Arizona

Wed, 14 Jan 2026 11:44:34 GMT

Being charged with drug possession in Arizona can feel overwhelming, especially because the state treats drug crimes very seriously. Even a simple possession charge can lead to criminal penalties, a permanent record, and long term consequences for work, housing, and your reputation. What you do in the first hours and days after an arrest can make a major difference in how your case is resolved.

The most important thing to remember is that you still have rights. You do not have to answer police questions, you do not have to navigate the court system alone, and there are often defenses, diversion programs, or legal issues that can lead to reduced charges or even a dismissal.

This guide explains the immediate steps to take, what to avoid, and how to protect your future if you are facing a drug possession charge in Arizona.

Stay Calm and Use Your Right to Remain Silent

If you have been stopped, questioned, or arrested for drug possession, the most important thing you can do is stay calm and avoid saying anything that could be used against you later. Many people try to explain themselves or argue with the officer, but this almost always makes the situation worse. The police are trained to ask questions that may lead you to admit possession or knowledge of the substance, and even casual comments can be taken out of context.

You have the right to remain silent, and you are not required to answer questions about where the drugs came from, who they belong to, or what you were doing. You can simply say that you wish to remain silent and want to speak with an attorney. Staying respectful, not resisting, and not volunteering information protects your legal position and gives your lawyer more room to challenge the evidence later.

Ask for an Attorney Immediately

After a drug possession arrest, you should ask for an attorney as soon as possible. This is one of the most effective ways to protect your rights. Once you request a lawyer, police questioning must stop. Anything you say before that point can be used as evidence, and officers may try to get you to talk by making the situation seem less serious than it is. Asking for an attorney creates a clear boundary and prevents further pressure or interrogation.

Drug possession cases often involve legal issues that are not obvious to someone without training. These can include unlawful searches, improper traffic stops, invalid warrants, or mistakes in how the substance was identified or handled. An attorney can review the police actions step by step and determine whether your rights were violated. Early involvement also allows a lawyer to preserve evidence, contact witnesses, and begin building a defense strategy before the prosecution’s case becomes too solid. In Arizona, where drug laws are strict and consequences can be severe, having legal representation from the start can significantly influence the outcome of your case.

Understand the Specific Charges You Are Facing

Drug possession in Arizona is not a single type of charge. The exact accusation depends on the substance involved, the amount found, and the surrounding circumstances. Understanding what you are actually being charged with helps you and your attorney determine the best defense strategy.

Arizona separates drugs into several legal categories, including marijuana, narcotic drugs, and dangerous drugs. Each category carries different penalties and threshold amounts. For example, possession of a small amount for personal use is very different from possession above the statutory threshold amount, which can lead prosecutors to claim that the drugs were intended for sale. Even if you never intended to sell anything, the charge may escalate based on weight alone.

You may also see related charges, such as possession of drug paraphernalia or possession in a drug free zone. These can add additional penalties or complications to the case. Taking time to clarify the exact charges and their potential consequences allows your attorney to evaluate weaknesses in the prosecution’s case and identify opportunities for reduction or dismissal.

Do Not Discuss Your Case With Anyone Else

After a drug possession charge, it may feel natural to talk about what happened with friends, family, or people you trust. This can be a serious mistake. Anything you say to anyone other than your attorney can potentially be repeated, misunderstood, or used against you in court. Even innocent conversations can be twisted or taken out of context.

If you are in jail, remember that all phone calls and messages are recorded and monitored. Prosecutors routinely use these recordings as evidence. Discussing details of the arrest, where the drugs came from, or who may have been involved can harm the defense before it even begins.

The only safe place to discuss the facts of your case is with your lawyer. Attorney client privilege protects those conversations, and your lawyer is the only person who can give you advice that is in your best interest. Staying quiet outside that relationship helps preserve your defense options and prevents avoidable complications.

Preserve Any Evidence or Information That May Help Your Case

Even in straightforward drug possession cases, evidence that seems small or unimportant can make a major difference. If you have anything that may support your version of events, preserve it and give it to your attorney as soon as possible. This can include text messages, location data, receipts, medical prescriptions, or the names of people who witnessed the encounter. Evidence that shows you did not knowingly possess the substance can be especially helpful, since Arizona requires proof that you were aware of the drug’s presence and nature.

If you rely on a prescription medication, keep the prescription label, pharmacy records, or doctor’s notes. In some cases, the substance found might match a medication you are legally allowed to possess. Your lawyer can use this information to strengthen your defense or challenge the state’s claims.

Never try to present evidence to the police yourself. People sometimes attempt to explain or prove their innocence by sharing information with officers or investigators, but this can backfire and give the state more material to use against you. Preserve everything, stay silent, and let your attorney decide what should be used and when.

Review How the Police Conducted the Stop or Search

A large number of Arizona drug possession cases involve problems with how the police discovered the substance. Law enforcement must follow strict rules when stopping you, searching your vehicle or home, and handling any evidence they find. If officers violated your rights at any stage, your attorney may be able to challenge the evidence and ask the court to suppress it. When evidence is suppressed, the prosecution often cannot move forward with the charge.

Common issues include traffic stops without a valid reason, searches conducted without probable cause, consent that was not voluntary, and warrants that were incomplete or improperly executed. There can also be problems with how the drugs were tested, stored, or transferred between officers. These errors may seem technical, but they carry real weight in court.

Your attorney will carefully review every detail of the police reports, body camera footage, and any available witness statements. If the stop or search did not follow the law, it can open the door to reduced charges or even a full dismissal. This is one of the most important parts of building a strong defense, especially in a state with strict drug laws like Arizona.

Consider Eligibility for Diversion Programs or Treatment Options

Not every drug possession case needs to result in a conviction. Arizona offers several diversion and treatment based alternatives that can help you avoid jail time and, in some situations, have the charge dismissed after successful completion. These programs are especially helpful for first time offenders and individuals struggling with substance use.

One of the most common options is a diversion program such as TASC or a similar county based treatment alternative. These programs typically involve classes, drug testing, counseling, and regular check ins. If you complete all requirements, the prosecution may agree to dismiss the case, leaving you without a criminal conviction.

Even if you do not qualify for formal diversion, treatment programs can still help. Showing that you are willing to seek support or address underlying issues can sometimes lead to reduced penalties or a more favorable plea agreement. Your attorney can explain which programs are available in your county, whether you qualify, and how participation could affect the outcome of your case. Diversion or treatment can be a valuable path that protects your future and keeps the focus on rehabilitation instead of punishment.

Prepare for Your Court Dates and Follow All Conditions

Once formal charges are filed, you will receive court dates that you must attend. Missing a hearing can lead to a warrant for your arrest and may harm your chances of receiving a favorable outcome. Even if your attorney appears on your behalf for certain hearings, you should always confirm which ones require your personal attendance.

If you are released while your case is pending, the court may impose conditions such as drug testing, travel restrictions, counseling, or regular check ins with pretrial services. It is important to follow these conditions exactly as ordered. Any violation can be reported to the judge and can influence how the prosecution and court view your case.

Being responsible, staying organized, and showing the court that you are taking the process seriously can strengthen your position. Judges often consider your conduct while the case is pending when deciding whether to grant leniency, approve a plea deal, or offer alternative sentencing options. Staying compliant helps protect your credibility and keeps your defense strategy on track.

Work With Your Lawyer on a Defense Strategy

Every drug possession case in Arizona is different, and the right defense strategy depends on the facts, the type of substance involved, and how the police handled the investigation. Once you have an attorney, you should work closely with them to understand your options and build a strategy that fits your situation. This may involve challenging the legality of the stop or search, questioning how the substance was tested or handled, or arguing that you did not knowingly possess the drug.

Common defenses include lack of knowledge, unlawful search and seizure, mistaken identity, prescription or medical explanations, and insufficient evidence. In some cases, your attorney may negotiate with the prosecution for reduced charges, a plea agreement, or placement in a diversion or treatment program. In other cases, it may be better to fight the charges and prepare for trial.

A strong defense strategy is built early, not last minute. Being honest with your lawyer, providing all available information, and following their guidance gives you the best chance of achieving a positive outcome.

Understand the Possible Penalties and Outcomes

Arizona has some of the strictest drug laws in the country, and penalties vary widely depending on the drug type, the amount, and your prior record. Possession of certain substances can be charged as a felony, which may lead to jail time, probation, fines, mandatory treatment, community service, or a permanent criminal record. The consequences can affect employment, housing, professional licenses, and immigration status.

The amount of the drug plays a major role. If the weight exceeds the statutory threshold, the state may presume the drugs were intended for sale, even if there is no other evidence. This can raise the severity of the case significantly. On the other hand, small amounts or situations that suggest personal use may lead to more manageable outcomes, including diversion or reduced charges.

Your attorney will explain the range of possible outcomes in your specific case and identify opportunities to negotiate. Many drug possession cases result in plea bargains, reductions, or alternative sentencing when the defense is strong and the prosecution’s evidence has weaknesses. Understanding what is realistically possible helps you make informed decisions as your case moves forward.

Conclusion

Facing a drug possession charge in Arizona is stressful, but you are not powerless. The steps you take immediately after an arrest can shape the entire outcome of your case. Staying silent, asking for an attorney, preserving evidence, and avoiding conversations about your situation all help protect your rights. A skilled defense lawyer can review the legality of the stop or search, challenge the state’s evidence, and determine whether you qualify for diversion or reduced charges.

Arizona’s drug laws are strict, but many cases have more flexibility than people realize. With the right legal strategy and early guidance, you may be able to minimize penalties, avoid a conviction, or secure an outcome that protects your future. If you or someone you know has been charged with drug possession, reaching out to an experienced criminal defense attorney as soon as possible is the best first step.

Frequently Asked Questions

What happens at my first court appearance for drug possession?

Your first appearance is usually an initial appearance or an arraignment, where the court explains the charges and your rights. A plea of not guilty will be entered on your behalf. If you do not have an attorney yet, the judge may encourage you to get one before the next hearing. Bail or release conditions may also be reviewed.

Can drug possession charges be dismissed in Arizona?

Yes. Charges may be dismissed if the evidence was collected illegally, if the substance was not actually a controlled drug, if the state cannot prove you knowingly possessed it, or if you complete a diversion program. Your attorney will evaluate the strongest path for dismissal.

Will I go to jail for drug possession?

Not always. Outcomes vary based on the drug type, the amount, and your criminal history. Many first time possession cases can be resolved through probation, treatment, or diversion instead of jail. Serious cases involving larger amounts or repeat offenses carry higher risks of custody time.

What if the drugs did not belong to me?

People can still possess things even if they do not own them, so lack of ownership may not be a complete defense. However, Arizona law requires proof that you knowingly possessed the drug. If you had no knowledge of the substance or did not control the location where it was found, this can be a strong defense. Provide your attorney with any information that supports your explanation.

Are police allowed to search my car or home without a warrant?

Not always. Police need probable cause, valid consent, or some exception to the warrant requirement. If they searched without legal authority, your attorney may be able to challenge the search and ask the court to suppress the evidence. Illegal searches are one of the most common issues in drug possession cases.

Can I talk to the police to clear things up?

You should not speak to police without an attorney present. Even innocent explanations can be used against you. Once you ask for a lawyer, questioning must stop. It is always safer to let your attorney handle communication with law enforcement.

How long does a drug possession case take?

The timeline varies. Some cases resolve in a few weeks, while others take several months or longer. Cases involving constitutional challenges, lab testing issues, or negotiations for diversion may take more time. Your attorney will keep you updated throughout the process.

Can a drug possession conviction be sealed or expunged in Arizona?

Arizona allows record sealing for many criminal offenses once all sentence requirements are completed. Your eligibility will depend on the exact charge and your history. Record sealing can make it easier to apply for jobs, housing, and professional licenses.

Arizona Record Sealing Eligibility Requirements

Mon, 08 Dec 2025 08:47:14 GMT

Why Record Sealing Matters in Arizona

Having a criminal record in Arizona can follow you long after you have completed your sentence. Employers, landlords, licensing boards, and even volunteer organizations often rely on background checks, which means an old conviction or dismissed charge can limit opportunities in ways that feel unfair and permanent. Arizona’s record sealing law changed that. Since 2023, many people now have a path to seal past criminal records and move forward without the weight of old mistakes holding them back.

Record sealing is one of the most meaningful forms of relief available in Arizona because it restores privacy. When a record is sealed, it is hidden from public background checks, online court portals, and most third-party databases. While law enforcement and courts can still access the information, the public cannot. For anyone trying to rebuild their life, that distinction makes a measurable difference.

This first section sets up the key question most people have: “Am I eligible?” Knowing whether a past misdemeanor, felony, or dismissed case can be sealed is the starting point. The rules are specific, the waiting periods differ by offense type, and certain crimes are automatically excluded. Understanding these requirements helps people avoid wasting time - and helps them see what options they truly have.

Understanding Arizona’s Record Sealing Law (A.R.S. 13-911)

Arizona’s record sealing law took effect in 2023 and created an entirely new form of relief for people with past criminal cases. Before this law existed, there was almost no meaningful way to hide or limit access to old records. Even dismissed charges or cases that ended in not guilty findings were still visible on background checks. The new statute changed this by allowing eligible individuals to seal records so they no longer appear in most public searches.

Record sealing in Arizona is different from expungement. Expungement wipes a record out completely, while sealing places the record behind restricted access. The public cannot view it, background check companies cannot use it, and employers or landlords will not see it. The information still exists in court and law enforcement systems, but it is treated as confidential. For most people, record sealing provides the same practical benefits as expungement because it removes the record from the places that matter most.

The law also applies broadly. It covers convictions, dismissed cases, not guilty verdicts, arrests that never led to charges, and cases where prosecutors declined to file. Each situation has different eligibility rules, but all can be sealed under the right circumstances. This makes the statute one of the most impactful criminal justice reforms in the state because it finally allows people to remove old barriers and access better opportunities.

A key benefit of A.R.S. 13-911 is consistency. The law sets out clear waiting periods and requirements for different offense levels, giving people a predictable path forward. Instead of navigating patchwork rules or unclear procedures, individuals now have a structured legal process they can follow. Understanding how the statute works is an essential step before determining whether a record qualifies for sealing.

Eligibility Requirements - Who Can Seal a Record in Arizona

Eligibility for record sealing in Arizona is based on several factors that must all be met before a petition can be filed. The core requirement is that the individual has fully completed every part of the sentence imposed by the court. This includes jail or prison time, probation, fines, restitution, treatment programs, community service, and any other conditions ordered by the judge. The case must be entirely closed with no outstanding obligations.

The person must also have no pending criminal charges. Arizona will not consider a petition if the individual is currently facing a new case or investigation. The law is designed to give relief to people who have moved past their old record and maintained a clean slate since their sentence ended.

Once those baseline requirements are met, eligibility depends on the type of offense and the mandatory waiting period. Most misdemeanors can be sealed once the sentence is completed and the required time has passed. Many non-dangerous felonies are also eligible. Arizona focuses on rehabilitation and the idea that people who demonstrate good conduct over time should be able to put old mistakes behind them.

Some offenses are excluded by statute, which means no amount of time or rehabilitation will make them eligible. These exclusions generally involve serious harm, violence, or significant risk to the public. Examples include certain dangerous crimes, violent crimes, some sex crimes, and offenses involving minors. A detailed list of exclusions appears in a later section.

Another important part of eligibility is how multiple cases interact. If a person has more than one conviction, the waiting period does not simply run for each case separately. In many situations, the clock will not begin until the most recent sentence is completed. This can affect timing, but it does not automatically disqualify someone. Even individuals with several past cases may still qualify once enough time has passed.

Overall, eligibility is determined by the nature of the offense, successful completion of the sentence, the absence of new criminal charges, and the specific waiting period for that offense level. Understanding these criteria helps people decide when to file and what to expect from the process.

Arizona Waiting Periods - How Long You Must Wait After Your Case Ends

Arizona sets specific waiting periods before someone can apply to seal a record. These timelines begin only after every part of the sentence is completed. That means the waiting period does not start when a judge pronounces the sentence. It starts when probation is finished, fines and restitution are paid, classes are completed, and all other conditions are closed.

The waiting periods are tied to the severity of the offense. Lower-level offenses require shorter waits, while more serious felonies require longer ones. For most misdemeanor convictions, the waiting period is relatively short. Petty offenses and low-level misdemeanors typically fall at the lower end of the timeline, making sealing more accessible for people with minor records.

Felony cases have longer requirements. Class 6 and class 5 felonies generally require a moderate waiting period, while class 4 and class 3 felonies require more time. The highest-level offenses, such as class 2 felonies, carry the longest waiting period. The law is structured so that people who demonstrate law-abiding behavior over a sustained period can still qualify even if their offense was more serious.

Cases that did not result in a conviction are treated differently. If a case was dismissed, resulted in a not guilty verdict, or the prosecutor declined to file charges, the record is eligible for sealing as soon as the case is resolved. There is no waiting period for these situations because the person was never found guilty of a crime.

It is also important to understand how multiple cases can affect the waiting period. If someone has several convictions over different years, the waiting period will normally begin after the most recent sentence is fully completed. The law focuses on continuous good conduct, so a newer conviction can delay the start of the waiting period for older cases.

These timelines make record sealing predictable. Once a person knows their offense level and the date the sentence was completed, they can determine exactly when they will be eligible to file. This clarity is one of the reasons Arizona’s record sealing law is considered an important step toward fairness and rehabilitation.

Crimes That Are Not Eligible for Record Sealing

Although Arizona’s record sealing law is broad, it does not apply to every type of offense. The statute specifically excludes certain crimes because the legislature determined they present a higher level of public safety concern. These exclusions are strict. If an offense is listed as ineligible, the record cannot be sealed regardless of how much time has passed or how successful the person has been since the case ended.

Serious violent offenses are among the most common exclusions. Crimes that involve the use or threat of serious physical harm are generally not eligible for sealing. This includes offenses classified as dangerous under Arizona law. Dangerous offenses typically involve a deadly weapon or conduct that created a substantial risk of death or serious injury. Because of the harm involved, these cases remain permanently accessible.

Crimes involving minors are also excluded. This includes offenses where a child was the victim, as well as certain crimes related to child exploitation or endangerment. Arizona takes a strict approach to these cases, and the law does not allow them to be sealed even if the individual has lived crime-free for many years.

Sex offenses are permanently ineligible as well. This applies across a wide range of charges, from sexual assault to indecent exposure in certain circumstances. The state considers these cases to carry lasting public safety implications, so they remain available to the public.

Certain DUI offenses are excluded too. Standard misdemeanor DUIs may be eligible in some situations, but DUIs that involved serious injury often fall under the ineligible category. Many people are surprised by this distinction, so reviewing the exact DUI classification is important.

Other exclusions include offenses that fall into special categories written directly into the statute. These may involve kidnapping, serious domestic violence crimes, or offenses with mandatory sentencing enhancements. If a crime is listed in the statutory exclusions, the court does not have discretion to override it.

Understanding these limitations is important because they set clear boundaries around who can benefit from record sealing. While many people qualify under Arizona’s new law, those with excluded offenses will need to explore other types of post-conviction relief instead.

Special Circumstances - When Eligibility May Change

Some situations do not fit neatly into a single rule, and Arizona’s record sealing law accounts for these by allowing eligibility to shift depending on the details of a person’s history. These special circumstances can affect timing, eligibility, or the overall strength of a petition. Understanding them helps people avoid surprises when they file.

Multiple convictions are one of the most common complications. When someone has more than one conviction on their record, the waiting period usually starts after the most recent sentence is fully completed. This means older cases may be eligible in theory, but the clock does not begin for any of them until all sentences across all cases are finished. Even with several convictions, people can still qualify for sealing, but the timing often changes.

Probation violations can also affect eligibility. A violation does not automatically disqualify someone, but it can extend the time until the case is considered complete. Since the waiting period does not begin until probation ends successfully, any violation that lengthens probation will delay eligibility. Courts may also look more closely at the circumstances of the violation when deciding whether to grant the petition.

Prior felony history can have an influence as well. While a single felony may be eligible after the required waiting period, multiple felonies may trigger longer timelines or require a stronger showing of rehabilitation. The law is still accessible to people with more complex histories, but the court will expect to see stability, consistency, and positive changes over time.

Some people may have cases that were dismissed, resulted in a not guilty verdict, or were never charged. These cases are often eligible for immediate sealing, but complications can arise if the records are tied to a broader investigation or if multiple related charges were filed separately. In those situations, a court may need to review all associated records before granting relief.

There are also rare cases where the classification of the offense changes eligibility. For example, a charge reduced from a dangerous offense to a non-dangerous offense at sentencing may become eligible even though the original allegation would not have been. The final conviction, not the initial charge, determines eligibility.

These special circumstances highlight why many people benefit from legal guidance. The rules are clear, but the real-world details of someone’s criminal history can create unexpected variations that affect how and when they qualify.

Benefits of Sealing Your Record in Arizona

Sealing a criminal record in Arizona offers practical, everyday advantages that can significantly improve someone’s quality of life. Although the information remains accessible to courts and law enforcement, it is removed from public access, which is what matters most for employment, housing, and personal privacy. For many people, sealing a record is the key to finally moving forward without old mistakes limiting their opportunities.

Employment is often the biggest benefit. Many employers run background checks as part of the hiring process, and even a minor or very old conviction can influence their decision. When a record is sealed, it no longer appears in these searches, which makes it far easier to qualify for jobs that were previously out of reach. This is especially important for people entering licensed professions or fields that require trust and clear backgrounds.

Housing opportunities also expand. Landlords frequently use background checks when deciding whether to rent to someone. A sealed record allows applicants to be judged on their current circumstances instead of their past. For families trying to secure stable housing or individuals trying to rebuild their independence, this change can make a major difference.

Professional and occupational licenses are another area where sealing helps. Boards for fields such as healthcare, real estate, cosmetology, and financial services often consider criminal histories when granting or renewing licenses. While some boards may still ask about certain convictions, sealed records reduce barriers and can improve eligibility.

Personal privacy is an important benefit as well. Many third-party websites and data brokers collect and publish criminal records, making them easy to find online. When a record is sealed, companies are required to remove it from their databases once they update their listings. This prevents old cases from resurfacing during online searches and helps individuals restore their reputation.

Finally, sealing a record offers a sense of closure. The legal system recognizes that people can change, and Arizona’s law reflects that belief. When someone seals a record, it marks a clear point where their past no longer defines their future. This emotional and psychological relief can be just as important as the practical benefits, giving people the confidence and freedom to rebuild their lives.

How to Apply - The Record Sealing Process in Arizona

The process of sealing a criminal record in Arizona is designed to be accessible, but it still requires careful preparation. Every petition must show that the individual meets the eligibility requirements and that the waiting period has fully passed. Because each county has slightly different expectations for formatting and supporting documents, it is important to approach the process with a clear plan.

The first step is gathering all case information. This includes the case number, sentencing documents, proof that all fines and restitution were paid, and any paperwork showing the completion of classes, treatment programs, or community service. Courts will not move forward unless the sentence is fully completed, so having accurate records is essential.

Once the documentation is collected, the next step is completing the petition. Arizona courts provide standardized forms for record sealing under A.R.S. 13-911, but the petitioner must fill them out carefully and attach supporting evidence. The petition will ask for the offense level, the date of final sentence completion, and a statement explaining why sealing is appropriate. In some counties, the form must also list all related charges or case numbers, even those that were dismissed.

After the petition is filed, the prosecutor’s office has the opportunity to review it and either agree, object, or request a hearing. If the prosecutor objects, the court may require additional information or schedule a hearing where both sides can present their arguments. If the prosecutor does not object, many judges will decide the petition based on the written materials alone.

If a hearing is scheduled, the judge will consider factors such as the nature of the offense, the individual’s conduct since the case ended, community involvement, and overall rehabilitation. This is the petitioner’s chance to explain why sealing the record serves justice and supports their ability to move forward. Judges often give significant weight to good behavior, steady employment, and community contributions.

Once the judge makes a decision, the court will issue an order either granting or denying the petition. If approved, the court notifies law enforcement agencies and the Arizona Department of Public Safety so that the record can be removed from public access. Background check companies update their information over time, which means the benefits of sealing become more visible as databases refresh.

While the process can be completed without a lawyer, many people choose to work with an attorney to avoid mistakes, strengthen the petition, and ensure all paperwork is complete. This is especially helpful in cases involving multiple convictions, borderline eligibility issues, or past probation violations.

When to Contact a Criminal Defense Lawyer

Although Arizona’s record sealing law is meant to be accessible, many people find that a lawyer can make a meaningful difference in the outcome. Eligibility rules may seem straightforward at first, but real-world criminal histories often include multiple cases, probation extensions, overlapping timelines, or old files that are hard to locate. An attorney can review the full record, identify any risks, and make sure the petition is filed correctly the first time.

A lawyer is especially helpful when there are special circumstances. Multiple convictions, probation violations, or older felony cases can require strategic planning to show the court that you have fully rehabilitated and that sealing the record is appropriate. When a case involves an offense close to the statutory exclusions, legal guidance becomes even more important so the petition does not get denied due to technical details or incomplete information.

Representation also matters if the prosecutor objects. An objection does not mean the petition will fail, but it does mean the court is likely to schedule a hearing. A lawyer can prepare evidence, write legal arguments, present your progress to the judge, and address any concerns raised by the prosecution. This can significantly increase the likelihood of a favorable outcome.

An attorney can also manage the administrative side of the process. Some courts require supplemental documents, certified copies, or formatted filings that must follow county-specific rules. Missing even one piece of paperwork can delay the petition by months. A lawyer ensures deadlines are met, filings are complete, and the court receives the strongest possible submission.

Finally, hiring a lawyer gives peace of mind. Record sealing can change someone’s future, and it is often a once-in-a-lifetime opportunity. Having professional guidance helps avoid mistakes and gives people confidence that they are taking the right steps to reclaim privacy and expand their opportunities.

For anyone unsure about their eligibility, dealing with complicated circumstances, or wanting the best possible chance of success, speaking with a criminal defense attorney is a smart step. Doran Justice can review the details, build a strong petition, and guide clients through every part of the process.

FAQ - Arizona Record Sealing Eligibility Requirements

Can I seal a misdemeanor in Arizona?

Yes. Most misdemeanors are eligible for record sealing once the sentence is fully completed and the required waiting period has passed. Minor offenses often have shorter timelines, which makes them some of the easiest cases to seal.

Are felony convictions eligible for record sealing?

Many non-dangerous felonies can be sealed after the appropriate waiting period. The offense level determines how long you must wait, and class 2 felonies require the longest timeline. Dangerous felonies, violent crimes, and offenses involving serious harm are not eligible.

Can DUI convictions be sealed?

Some DUI convictions may qualify, but many DUIs that involved injuries are excluded by statute. The specific DUI classification is important, so it should be reviewed carefully.

What if I had multiple cases?

You may still qualify. The waiting period usually begins after the most recent sentence in your most recent case is completed. Older cases can still be sealed once the full waiting period has run from that date.

Can I seal a record that was dismissed or resulted in a not guilty verdict?

Yes. These cases are some of the easiest to seal. There is no waiting period, and you can file a petition as soon as the case is resolved.

How long does the court take to decide?

Timelines vary by county, but most decisions take a few months. If the prosecutor objects, the process can take longer because the court may schedule a hearing.

Do sealed records ever reopen?

For the public, no. A sealed record is removed from general access and from most background checks. Law enforcement and courts can still view the record if necessary, but it remains hidden from employers, landlords, and the public.

Does sealing restore my civil rights?

Not necessarily. Record sealing affects public access to your record but does not automatically restore rights such as firearm possession or voting in certain cases. Those issues must be handled through separate legal processes.

Misdemeanor vs Felony in Arizona Law

Wed, 03 Dec 2025 13:24:02 GMT

When someone is arrested or learns they’re being investigated, one of the first questions they ask is whether the charge is a misdemeanor or a felony. In Arizona, that distinction matters a lot. It determines not only the possible jail or prison time, but also what court your case goes to, how prosecutors handle your file, what rights you could lose, and how the conviction will follow you long after the case is over.

A misdemeanor is generally considered a less serious crime, though the consequences can still disrupt your life, career, and finances. A felony is far more severe. Felony convictions can mean years in prison, mandatory sentencing rules, and the loss of civil rights like voting and firearm ownership. The classification of the charge also affects plea options, background checks, and even your ability to travel or maintain professional licenses.

Arizona uses a clear classification system to separate misdemeanors and felonies into different classes, each with its own range of penalties. Understanding where your charge falls on that scale is essential for protecting your freedom and your future. And because even a “minor” charge can escalate quickly without the right defense, getting legal help early can make all the difference.

What Counts as a Misdemeanor in Arizona

Under Arizona law, a misdemeanor is a criminal offense that carries a maximum penalty of up to six months in jail , along with possible fines, probation, community service, treatment programs, or classes. These charges are handled in Municipal Courts or Justice Courts, depending on where the offense happened. While misdemeanors are less serious than felonies, they still carry lasting consequences and should never be taken lightly.

Arizona divides misdemeanors into three classes :

Class 1 misdemeanor – the most serious level, punishable by up to 6 months in jail. Common examples include DUIs (first offense), assault without serious injury, shoplifting under the felony threshold, domestic violence incidents, and criminal damage.
Class 2 misdemeanor – punishable by up to 4 months in jail. These may include reckless driving, some types of trespasses, or certain traffic-related offenses.
Class 3 misdemeanor – the least severe type, punishable by up to 30 days in jail. Examples include minor driving violations, trespassing in the third degree, and some low-level alcohol violations.

Even though the jail ranges are shorter, a misdemeanor conviction can still increase insurance rates, create employment issues, appear on background checks, and affect immigration status. Many people assume they can “just pay a fine,” but doing so usually counts as a conviction. Once it’s on your record, it may be very difficult to undo without a strategic defense from the start.

What Counts as a Felony in Arizona

A felony in Arizona is a criminal offense considered serious enough to expose a person to state prison , not just county jail. Felonies carry longer sentences, steeper fines, mandatory penalties in many cases, and life-impacting consequences that continue long after a sentence is served.

Arizona separates felonies into six classes , ranging from Class 6 (least severe) to Class 1 (most severe). Class 1 felonies include only first-degree and second-degree murder. Everything else – from aggravated assault to drug possession to white-collar crimes – falls somewhere within Classes 2 through 6.

Here’s how the classes generally break down:

Class 1 felony – Reserved for the most serious offenses, primarily murder. Penalties can include life imprisonment or the death penalty.
Class 2 felony – Extremely serious crimes such as certain types of violent assault, kidnapping, armed robbery, or high-level drug offenses. Prison sentences often start at several years and can increase sharply with aggravating factors.
Class 3 felony – Includes aggravated assault, burglary in the second degree, certain firearm offenses, and various fraud and theft cases.
Class 4 felony – Common mid-level felonies like aggravated DUI, possession of some controlled substances, forgery, or criminal damage with high monetary loss.
Class 5 felony – Often covers more specialized offenses, including certain assaults, animal cruelty, or niche fraud-related crimes.
Class 6 felony – The least severe felony category, covering lower-level drug possession, theft around the felony threshold, and some domestic violence–related offenses. These can sometimes be reduced to misdemeanors with the right defense.

Felony sentencing depends heavily on prior convictions, “dangerousness” (use of a weapon or serious injury), whether the offense involved domestic violence, and whether the offense falls under Arizona’s mandatory sentencing laws. Even first-time felony offenders can face prison time, and prosecutors often treat felony cases far more aggressively than misdemeanors.

Because of how complex and high-stakes felony cases are, having a defense attorney early in the process can shape the outcome dramatically, including whether charges get reduced, dismissed, or diverted into alternative programs.

Key Differences Between Misdemeanors and Felonies

While both misdemeanors and felonies can affect your life, the practical and legal differences between them in Arizona are significant. Understanding these differences helps you know what’s at stake and why strong legal representation is essential.

Jail vs. Prison

Misdemeanors: Punishable by jail time in a county facility, up to a maximum of six months.
Felonies: Punishable by state prison , with sentences that can range from several months to decades depending on the class and circumstances.

Court Process

Misdemeanors: Handled in Municipal Courts or Justice Courts . The process is relatively fast and often resolved through negotiations.
Felonies: Always handled in Superior Court , with more formal procedures, pre-trial hearings, extensive disclosure, and stricter rules surrounding evidence.

Sentencing Ranges

Felonies have lengthy, structured sentencing guidelines. Aggravated factors (like using a weapon) can push the sentence much higher.
Misdemeanors have shorter, capped sentencing ranges with more flexibility for alternatives like diversion or suspended sentences.

Impact on Civil Rights

Felony convictions can lead to the loss of:

Voting rights
The right to possess or purchase firearms
Eligibility for certain professional licenses
Federal benefits in certain cases

Misdemeanors typically do not remove civil rights, unless they are misdemeanore domestic violence convictions, though they can still create issues in employment or immigration.

Background Checks

A misdemeanor conviction may appear on job screenings but is often viewed as a lower-risk offense.
A felony conviction can heavily restrict employment, housing, financing, security clearances, and travel opportunities.

Long-Term Consequences

Felonies have far more lasting consequences, including harsher penalties for any future charges.
Misdemeanors can still affect a person’s life but generally allow more room for rehabilitation and sealing options.

Long-Term Consequences

The immediate penalties for a misdemeanor or felony matter, but the long-term consequences often shape someone’s future far more than any jail or prison sentence. Arizona law treats felony convictions especially harshly, and many people don’t realize the ripple effects until it’s too late.

Civil Rights Loss (Felonies)

A felony conviction can result in losing:

The right to vote
The right to serve on a jury
The right to possess or own firearms
Certain federal benefits in limited situations

Some rights can be restored, but the process is not automatic, and the court may require a waiting period. Repeat offenders often face stricter restoration rules.

Employment and Career Impact

Both misdemeanors and felonies appear on background checks, but felonies carry a much heavier stigma. Employers in fields like healthcare, education, finance, government contracting, and transportation may disqualify applicants with felony records entirely. Even a misdemeanor - especially those involving domestic violence, theft, or DUI - can restrict job options or professional licensing.

Housing and Financial Effects

Felony convictions can make it harder to:

Rent an apartment
Secure a home loan
Qualify for certain government programs

Landlords often run nationwide background checks and may decline applicants with criminal records.

Immigration Consequences

For non-citizens:

A misdemeanor involving domestic violence or moral turpitude can trigger immigration action.
Many felonies are considered “deportable offenses.”

In some cases, a plea deal that seems minor under state law can have severe federal immigration consequences.

Future Sentencing

A prior conviction can elevate future charges and increase the sentencing range. For example:

A Class 6 felony today could turn a later accusation into a “repeat offender” situation with mandatory prison.
Prior domestic violence misdemeanors can convert a new case into a felony.

In other words: your first case sets the stage for how the court treats you down the road.

Can Charges Be Reduced or Dismissed?

A key part of criminal defense in Arizona is understanding how charges can be lowered, dismissed, or diverted into alternative programs. Both misdemeanors and felonies offer opportunities for reduction, but the strategy depends heavily on the facts of the case, the prosecutor’s stance, and the defendant’s history.

Misdemeanor Reductions

Many misdemeanor cases can be resolved through:

Diversion programs that result in a dismissal once conditions are met
Deferred sentencing
Negotiated pleas to a lesser charge
Civil compromise in some property-related offenses

These options can help clients avoid a conviction entirely.

Felony Reductions

Felony cases are more complex, but reductions are absolutely possible.

Common paths include:

Pleading a felony down to a misdemeanor
Class 6 felonies are the most likely to be reduced.
Some cases can be designated as misdemeanors even after probation is completed.
Undesignated offenses (“open felonies”)
The court places the defendant on probation.
If they complete conditions successfully, the offense can later be designated a misdemeanor.
If they fail, it can be designated a felony.
Challenging evidence
Illegally obtained evidence can be suppressed.
Weak or unreliable testimony can be attacked.
These issues can persuade prosecutors to accept a lower-level plea.
Proving lack of intent or insufficient evidence
If the State can’t prove every element of the charge, dismissals and significant reductions can occur.

Alternative Sentencing

Instead of jail or prison, some defendants qualify for:

Treatment programs
Probation
House arrest
Community service
Counseling (DV, anger management, substance use)

The availability of these options differs widely between misdemeanors and felonies, and across different counties in Arizona.

A skilled lawyer knows how to identify every possible path to minimize the consequences — or eliminate the charge entirely.

How a Defense Lawyer Can Help

Whether someone is facing a misdemeanor or a felony, the right defense attorney often makes the single biggest difference in how the case ends. Arizona’s criminal laws are complex, and prosecutors typically start from a position that favors harsh penalties, even for first-time offenders. An experienced defense lawyer levels that playing field.

Early Intervention

The earlier a lawyer gets involved, the more options a person has. Before charges are even filed, an attorney can:

Communicate directly with detectives
Provide evidence or explanations that change how charges are classified
Stop a weak case from moving forward
Prevent a felony from being filed in the first place

Once charges are filed, the strategy shifts to minimizing the damage through negotiation and evidence challenges.

Challenging Evidence

Police and prosecutors must follow strict rules. Violations can get key evidence thrown out. A defense lawyer will examine:

Whether the stop or arrest was legal
How statements were taken
Whether a search was valid
Whether lab results or forensic evidence are reliable
Whether witnesses are credible
Whether the prosecution can prove intent

When evidence gets suppressed or discredited, the entire case can collapse, which often leads to dismissals or substantial reductions.

Negotiating Reductions

Many defendants don’t realize that the initial charge is just a starting point. Prosecutors often have room to:

Lower felony charges to misdemeanors
Offer diversion or deferred sentencing
Remove dangerousness designations
Reduce jail or prison exposure

A skilled defense lawyer knows how to use the weaknesses in the State’s case to push for better outcomes.

Court Representation

Trials and hearings follow formal rules that most people don’t understand. A defense attorney:

Files motions
Challenges evidence
Cross-examines witnesses
Negotiates with prosecutors
Protects the client’s rights

Even when a case can’t be dismissed, strong representation can prevent unnecessary jail or prison time and protect the client’s record as much as possible.

When You Should Contact Doran Justice

Many people wait too long to get legal help, often because they hope a misunderstanding will clear itself up. Unfortunately, the criminal justice system doesn’t work that way. The moment you believe you may be accused of a crime - or the moment law enforcement contacts you - is the moment you should call Doran Justice.

Situations Where You Need Immediate Help

You should contact Doran Justice right away if:

You’ve been arrested for any misdemeanor or felony
You received a summons or citation requiring a court appearance
Police want to question you
You learned you’re under investigation
You think charges might be filed soon
You’ve been served with an indictment
You are facing a probation violation

Quick action can prevent charges from escalating and protect your rights from the start.

Common Client Misunderstandings

Many people mistakenly believe:

“It’s just a misdemeanor, so it’s not a big deal.”
“If I tell the police everything, they’ll understand.”
“If I haven’t done anything wrong, I don’t need a lawyer.”
“The case will go away if I ignore it long enough.”

These assumptions often lead to avoidable convictions, harsher penalties, or missed opportunities for dismissal.

Why Choose Doran Justice

Doran Justice handles both misdemeanors and felonies across Arizona and understands how each charge type impacts someone’s life. Clients trust the firm because it provides:

Strategic early intervention
Tough negotiation with prosecutors
Deep familiarity with Arizona’s criminal courts
Clear communication and practical guidance
A results-driven approach focused on protecting your future

The goal is not just to defend the case in front of you - it’s to protect your freedom, your rights, and the life you want to move forward with.

A Practical Next Step

If you or someone you know is facing criminal charges in Arizona, reaching out early gives you the best possible chance at a good result. A short consultation can help you understand your options, identify defenses, and take control of the situation before it gets worse.

FAQs: Misdemeanor vs Felony in Arizona

What is the main difference between a misdemeanor and a felony in Arizona?

A misdemeanor is a less severe criminal offense punishable by up to 6 months in jail , while a felony is a more serious offense that can result in state prison time , loss of civil rights, and long-term consequences.

How many classes of misdemeanors are there in Arizona?

Arizona has three classes of misdemeanors : Class 1 (most serious), Class 2, and Class 3 (least serious).

How many classes of felonies are there in Arizona?

Arizona has six felony classes , from Class 1 (most severe, including murder) to Class 6 (least severe but still potentially resulting in prison).

Can a felony be reduced to a misdemeanor?

Yes. Certain felonies - especially Class 6 felonies - can be reduced to misdemeanors through plea negotiations or after completing probation on an “undesignated” offense.

Do misdemeanors go on your permanent record?

Yes. A misdemeanor conviction appears on your criminal record and can affect employment, housing, and immigration status unless dismissed or expunged under specific circumstances.

Can you go to jail for a misdemeanor in Arizona?

Yes. Class 1 misdemeanors can carry up to 6 months in jail , though many cases resolve with probation or alternative sentencing.

What rights do you lose if convicted of a felony?

Felony convictions may result in losing the right to vote, own firearms, hold public office, serve on a jury, or hold certain professional licenses. Some rights may be restored after sentencing is completed.

How does sentencing differ between misdemeanors and felonies?

Misdemeanors have short, capped jail sentences. Felonies involve much longer sentences, mandatory minimums, and structured ranges based on aggravating or mitigating factors.

Is jail the same as prison in Arizona?

No.

Jail = county facility for misdemeanors (short-term).
Prison = state facility for felonies (long-term).

Do you need a lawyer for a misdemeanor?

Yes. Even though misdemeanors are lower-level offenses, a conviction can still affect your job, record, and future. A lawyer can help avoid unnecessary penalties or a permanent conviction.

What should I do if I’m being investigated for a felony?

Contact a defense lawyer immediately . Early intervention can stop charges from being filed or reduce the severity of the case.

Can a misdemeanor turn into a felony?

Sometimes. Certain cases - especially involving domestic violence, theft, or repeated offenses - can be charged as felonies depending on circumstances, monetary thresholds, or prior convictions.

What is an undesignated offense?

Also known as an “open” felony, this is an offense that can be treated as a Class 6 felony or a misdemeanor depending on how you complete probation. Successful completion may allow it to be designated a misdemeanor.

Will a misdemeanor or felony affect immigration status?

Possibly. Crimes involving domestic violence, theft, moral turpitude, or certain drug offenses can lead to deportation or denial of immigration benefits. Felonies are especially serious for non-citizens.

Your Rights During a Police Stop in Arizona

Fri, 21 Nov 2025 09:51:43 GMT

Why knowing your rights matters

Being stopped by the police can be stressful, whether you are walking, driving, or simply in the wrong place at the wrong time. In Arizona, understanding your rights is the best way to stay calm, protect yourself, and avoid making the situation worse.

You have legal protections under both state and federal law. These include the right to remain silent, the right to refuse certain searches, and the right to an attorney if you are detained or arrested. Exercising these rights respectfully can make a major difference in how a stop unfolds – and in what happens afterward.

Your Basic Rights During a Police Stop

Even if you have done nothing wrong, you have clear rights when stopped by law enforcement:

You have the right to remain silent. You do not have to answer questions about where you are going, what you are doing, or anything else beyond providing basic identification details.
You have the right to refuse a search. Unless the officer has a warrant or probable cause, you do not have to consent to a search of your car, bag, or person.
You can ask if you are free to leave. If the officer says yes, you may calmly walk or drive away. If they say no, you are being detained – and it’s time to remain silent and ask for a lawyer.
You have the right to an attorney. If you are arrested or questioned about a crime, you can request legal representation before answering anything further.

Always stay polite and calm. Arguing, raising your voice, or acting aggressively can escalate the situation, even if you’re legally in the right.

When You Must Identify Yourself in Arizona

Arizona has what’s known as a “stop and identify” law . This means:

If a police officer reasonably suspects you are involved in a crime, you must state your true name when asked.
If you are driving , you must show your driver’s licence, registration, and proof of insurance .
If you are a passenger , you do not have to identify yourself unless the officer has specific suspicion that you committed a crime.

Failing to provide your true name when legally required can lead to an arrest.

Vehicle Searches: What Police Can and Cannot Do

Police officers often ask to search vehicles during traffic stops. Knowing when you can say no is essential.

In Arizona:

Officers cannot search your car without your consent, a warrant, or probable cause.
Probable cause includes situations where the officer sees illegal items in plain view or smells something illegal, such as marijuana.
If you do not consent, say clearly: “I do not consent to a search.” This preserves your rights, even if the officer decides to search anyway.
Never physically block or interfere with the search. Simply state your objection and remain silent.

If your car is searched without valid reason, your attorney can later challenge the evidence in court.

If You Are Detained or Arrested

Being detained means you are not free to leave, but you are not yet under arrest. You should still exercise your rights carefully.

If you are detained :

Stay calm and avoid sudden movements.
You can ask, “Am I being detained or am I free to go?”
If detained, you have the right to remain silent and should not answer further questions without a lawyer present.

If you are arrested :

You have the right to remain silent – use it. Anything you say can be used against you later.
You have the right to speak with an attorney before answering any questions.
You do not have to consent to a search of your phone or home without a warrant.
You should not resist arrest physically, even if you believe it is unjustified.

Remaining calm, polite, and quiet is often the best protection for your case. The less you say at the scene, the more options your lawyer has later.

Common Mistakes to Avoid During a Police Stop

Many people accidentally make their situation worse during an encounter with police. These are common mistakes to avoid:

Arguing or raising your voice. You can assert your rights without being confrontational.
Lying to an officer. It is always better to remain silent than to give false information.
Failing to inform about a weapon in the vehicle. If a police officer asks you whether you have any weapons on you or in your vehicle, you must answer this question truthfully for officer safety. Failure to answer this question at all or failure to answer it truthfully can lead to an arrest for misconduct involving weapons under A.R.S. §13-3102(A)(1)(b).
Consenting to a search because you feel pressured. Officers may make it sound routine, but you are within your rights to say no.
Resisting physically. Even if a stop feels unfair, resisting can lead to additional charges.
Recording incorrectly. You are legally allowed to record police in public in Arizona as long as you do not interfere or get too close.

How an Attorney Can Help Protect Your Rights

If your rights are violated during a police stop, the outcome of your case may depend on having the right lawyer. An experienced criminal defence attorney can:

Review whether the officer had legal grounds for the stop or search.
Challenge evidence obtained illegally.
Protect you from self-incrimination or procedural mistakes.
Represent you in negotiations or court proceedings.

At Doran Justice , we help clients across Arizona understand their rights, fight unfair charges, and protect their record and reputation. If you believe you were stopped or searched unlawfully, we can help you take the next step.

FAQs

Do I have to answer questions about where I’m going or what I’m doing?

No. You only need to provide identification if legally required. Beyond that, you can say, “I’m choosing to remain silent.”

Do I have to get out of my vehicle if asked to do so?

The first thing you should do is ask if the officer is asking if you will get out of your vehicle or if they are ordering you to get out of your vehicle. If they are ordering you to get out, the best thing to do is comply. Pursuant to A.R.S. §28-622, wilfully failing to comply with a lawful order by a police officer is grounds for an arrest and is a class 2 misdemeanor. Yes, the order must be “lawful” but let your lawyer make that argument later rather than arguing with a police officer about it during the stop.

If I have the right to remain silent, do I still have to answer whether or not I have a weapon in the car?

Yes. Though you have the right to remain silent, there are some things you still must answer to avoid arrest or charges and under A.R.S. §13-3102(A)(1)(b) if you fail to accurately answer when they ask you if you have any weapons on you or near you, you could be arrested for that.

Can I record the police during a stop?

Yes, as long as you do not interfere with their duties. Keep a safe distance and avoid obstructing the scene.

What happens if I refuse a vehicle search?

The officer may still search if they have probable cause or a warrant, but your refusal can later support your legal defence.

What should I do if I believe my rights were violated?

Write down everything you remember, including names, badge numbers, and times. Contact a criminal defence lawyer as soon as possible.

Speak to an Arizona Criminal Defence Lawyer

If you’ve been stopped, searched, or arrested in Arizona, it’s important to act quickly. The sooner you speak to a lawyer, the more likely it is your rights can be protected.

Doran Justice provides experienced legal representation for criminal defence cases across Arizona. Contact our office today for a confidential consultation and protect your future.

Hiring a Criminal Defense Lawyer in Arizona

Tue, 11 Nov 2025 08:44:47 GMT

If you’re facing criminal charges in Arizona, one of your first questions might be: Do I really need an attorney?

Technically, you have the right to represent yourself. But practically, doing so can be one of the most serious mistakes you’ll ever make. Criminal charges - even seemingly minor ones - can carry life-changing consequences, from fines and probation to jail/prison time and a permanent criminal record that follows you for forever.

Having an experienced Arizona criminal defense attorney isn’t just helpful, it’s essential to protect your freedom, your reputation, and your future.

You Have the Right to Represent Yourself - But It’s Risky

The U.S. Constitution guarantees your right to self-representation, but the court will hold you to the same standards as a licensed lawyer. That means you’ll be expected to:

Understand the Arizona Rules of Criminal Procedure
File all motions and responses correctly and on time
Present evidence, question witnesses, and follow courtroom procedure
Know what defenses are legally available to you
Negotiate with prosecutors, who are highly trained legal professionals

Judges and prosecutors can’t give you legal advice or help you through the process, even if you’re struggling. That often leaves defendants overwhelmed, unprepared, and at a serious disadvantage.

Why Hiring a Criminal Defense Attorney Matters

A skilled defense lawyer can make a dramatic difference in the outcome of your case. Here’s what an attorney can do that you cannot easily do alone:

1. Protect Your Rights from the Start

Police and prosecutors must follow strict procedures when investigating and charging a crime. A defense lawyer will immediately look for violations of your constitutional rights - like illegal searches, coerced confessions, or failure to read you your Miranda rights. If any of those rights were violated, critical evidence could be suppressed or your charges reduced.

2. Evaluate the Strength of the Case Against You

Attorneys understand how to analyze police reports, evidence, and witness statements to find inconsistencies or weaknesses. Sometimes, what seems like a strong case for the prosecution has gaps that only an experienced lawyer will spot.

3. Negotiate for Reduced Charges or Alternative Sentences

Many Arizona criminal cases are resolved through plea negotiations. Prosecutors may be willing to reduce or amend charges if your attorney can demonstrate mitigating circumstances or weaknesses in their evidence. Your lawyer can also argue for alternatives to jail/prison, such as diversion programs, community service, or treatment options.

4. Build a Strong Defense for Trial

If your case goes to trial, an attorney will craft a defense strategy tailored to your situation. They’ll challenge witness credibility, question the legality of evidence, and present expert testimony if needed. A well-prepared defense can make the difference between a conviction and an acquittal.

5. Minimize the Long-Term Impact on Your Record

Convictions can have far-reaching effects - limiting your ability to find work, rent housing, or obtain professional licenses. An attorney can help you explore record-sealing or expungement options after your case concludes, protecting your future beyond the courtroom.

Common Scenarios Where You Need a Lawyer Immediately

While you should always consult an attorney after any arrest, the need is especially urgent if:

You’re charged with a felony , which can carry years of prison time.
You’re accused of domestic violence , DUI , or drug-related offenses .
You have prior convictions that could increase your mandatory minimum penalties.
You believe your rights were violated during your arrest.
You’re not a U.S. citizen and a conviction could affect your immigration status .

In these cases, having a defense lawyer isn’t just about better representation — it’s about protecting your freedom and your future opportunities.

Arizona’s Criminal Justice Process is Complex

Every stage of a criminal case in Arizona involves rules, deadlines, and opportunities to influence the outcome:

Arraignment: You’ll enter a not guilty plea and be informed of your rights.
Pre-Trial Hearings: Evidence is shared, and motions are filed.
Negotiations: Your attorney can often secure better outcomes here before trial.
Trial: The state must prove guilt beyond a reasonable doubt.
Sentencing: If convicted, your attorney can argue for reduced penalties.

Missing a single filing date or misunderstanding a procedure can jeopardize your case. Having experienced representation ensures that no opportunity for defense is missed.

Public Defender or Private Attorney: What’s the Difference?

If you can’t afford an attorney, the court will appoint a public defender. Many public defenders are talented and hardworking, but they often carry heavy caseloads, which limits the time they can dedicate to each client.

Hiring a private defense firm like Doran Justice means your case gets focused, strategic attention. We limit our caseload so we can:

Thoroughly investigate every detail of your case
Communicate directly and often
Explore creative defense strategies specific to your circumstances
Be available when you need us — not just at hearings

How Doran Justice Can Help

At Doran Justice, our team has defended clients across Arizona facing charges ranging from low-level misdemeanors like urinating in public to major felonies like first degree murder. We know the local courts, prosecutors, and procedures — and we know how to build defenses that work in Arizona.

Our approach includes:

Early, aggressive investigation before evidence is lost
Honest assessments of your case and likely outcomes
Focused negotiation to reduce or dismiss charges
Relentless courtroom defense if trial is necessary

Whether you’re being investigated, recently arrested, or already charged, the earlier we’re involved, the more options we can create to protect you.

The Bottom Line

You are not required to hire a lawyer for criminal charges in Arizona — but doing so could be the single most important decision you make. The stakes are too high to face the system alone.

An experienced criminal defense attorney can protect your rights, minimize penalties, and help you move forward with your life.

Contact Doran Justice today for a free, confidential consultation.

We’ll review your situation, explain your legal options, and start building your defense immediately.

Record Sealing vs. Set Aside in Arizona

Tue, 04 Nov 2025 08:33:41 GMT

What’s the Difference Between Expungement, Record Sealing, and Set Aside in Arizona?

Clearing your criminal record can open doors - to employment, housing, and peace of mind - but in Arizona, the process can be confusing.

Unlike many states, Arizona does not offer traditional expungement for most offenses. Instead, individuals can apply to seal their criminal records or have their conviction set aside, depending on the type of case and outcome.

Understanding the difference between these two options is key to choosing the right path toward a clean slate.

1. What Is Expungement in Arizona?

Expungement is the complete destruction or removal of a criminal record, as if it never existed.

In Arizona, this process is extremely limited - it only applies to certain marijuana-related offenses under the Smart and Safe Arizona Act (Proposition 207).

If your offense involved the possession, consumption, or transportation of small amounts of marijuana, you may be eligible to have it expunged entirely.

For all other convictions, expungement is not available in Arizona law.

2. What Is Record Sealing?

Record sealing allows individuals to hide their criminal records from public view.

This means potential employers, landlords, and most members of the public cannot access your case history through standard background checks.

However, law enforcement and certain agencies (like the courts or licensing boards) can still see sealed records.

You may be eligible to seal your record in Arizona if:

You were acquitted or charges were dismissed.
You were convicted but you completed your sentence and have had no further legal issues.
You have waited the required amount of time (which varies by offense).

Sealing is not an option in these circumstances:

Dangerous convictions
Dangerous crimes against children
Serious, violent, or aggravated felony convictions
Offenses that involved discharging or threatening with a weapon
Offenses that involved knowing infliction of serious bodily harm on another person
Many sexual offenses

Key benefit:

Once sealed, you can legally state that you have not been arrested or convicted for the offense in most situations.

Important limitation:

The record still exists - it’s just hidden from public access.

3. What Does It Mean to Have a Conviction “Set Aside”?

When a conviction is set aside, the court officially vacates the judgment of guilt and dismisses the charges, showing that you have fulfilled all court requirements.

This process does not hide or erase the record, but it updates it to reflect that the case was successfully completed.

A set aside can apply to many felony and misdemeanor convictions in Arizona, except for:

Dangerous convictions
Sexual offense convictions with sex offender registration
Sexual motivation convictions
Convictions involving a minor victims under the age of 15.

Key benefit:

Having a conviction set aside demonstrates rehabilitation - it can greatly improve employment, housing, and licensing opportunities.

Important limitation:

The record remains public, but it will show a note that the conviction has been set aside and dismissed.

4. Which Option Is Right for You?

If your goal is to protect your privacy and keep your past off background checks, record sealing is the better option.

If you want to show rehabilitation and responsibility while maintaining transparency, a set aside might make more sense.

An experienced attorney can help you determine which path gives you the best chance of moving forward based on your conviction type, timing, and history.

5. How Doran Justice Can Help

At Doran Justice , we’ve helped hundreds of clients clear their records, rebuild their reputations, and take back control of their futures.

Our Arizona expungement and record-sealing lawyers can:

Review your eligibility for sealing or set aside
File all necessary petitions and court documents
Represent you in hearings
Ensure your rights are protected every step of the way

Your past doesn’t have to define your future.

Our legal team will help you find the most effective route to a clean record - and a clean start.

Frequently Asked Questions

1. Can I have my record expunged in Arizona?

Only if it involves certain marijuana-related offenses under Proposition 207. For all other offenses, expungement is not available - you may instead qualify for record sealing or a set aside.

2. How long do I have to wait to seal my record in Arizona?

Waiting periods vary based on the offense type and sentence. For example, many misdemeanors may qualify sooner, while felonies require longer waiting periods after completing probation, imprisonment, or payment of restitution.

3. Does a set aside clear my record completely?

No. A set aside updates your record to show that the conviction was dismissed and that you completed all sentencing requirements, but the record remains publicly visible.

Next Step

Find out if you qualify to seal or set aside your Arizona criminal record.

Call Doran Justice or request a confidential consultation today to take the first step toward clearing your name.

Steps to Seal a Record in Arizona

Sun, 26 Oct 2025 19:44:39 GMT

Below is a step-by-step guide to the sealing process under Arizona law:

1. Obtain Your Criminal/Case History

Start by requesting your case records from the relevant court(s) and your criminal history from the Arizona Department of Public Safety (DPS). You’ll need case numbers, charges, dates, disposition, arresting agency, and docket details.

2. Confirm Eligibility

Compare your case(s) to the eligibility criteria and waiting periods above. Ensure that:

All sentence terms (monetary and nonmonetary) are satisfied
The requisite waiting period has elapsed
Your offense is not excluded under 13‑911(O)
You have not filed a prior petition within the last 3 years that was denied

You may want legal assistance for borderline or complex cases.

3. Prepare and File the Petition to Seal Case Records

Complete the mandatory court forms (often designated by the Administrative Director under Rule 36.1). These include a petition, case information, and supporting documentation (discharge orders, proof of payment of fines/restitution, certificate of absolute discharge, etc.).

You must file the petition in the court where your case was heard:

In which you were convicted
Or where the charge was filed and dismissed
Or where the arrest occurred if no charges were filed

4. Notify the Prosecutor and Victims, Wait 60 Days

Once filed, the court must notify the prosecutor. Victims who have requested postconviction notice must be informed and may participate. The court cannot enter a ruling for at least 60 days (unless all parties waive objections).

If no objection is filed, the court may grant or deny the petition without a hearing. If objections are filed, a hearing may be scheduled.

5. Court Decision & Sealing Order

If granted:

The court issues an order sealing your case records
The clerk must notify DPS, law enforcement, prosecutors, and relevant agencies to mark those records as sealed
The sealed records are removed from public access and background checks, but still accessible under limited exceptions

If denied:

You can reapply after three years
You may consider appeal if timeliness or procedural issues exist

What Happens After Sealing?

Once your records are sealed:

You may legally state that you have never been arrested, charged, or convicted of that offense in most employment, housing, and financial aid contexts
Some exceptions remain—for example, when applying to law enforcement, handling vulnerable populations, financial roles, or other statutorily defined roles—sealed records may still be disclosed.
Sealed records can still be used in criminal prosecutions as prior convictions or for sentencing enhancements under limited rules.

Tips and Best Practices

File separately for each court/case number. If you have multiple convictions in different jurisdictions, each must be petitioned independently.
Include detailed information. Incomplete or vague petitions are more likely to be dismissed. Provide all case numbers, agency names, dates, and disposition documents.
Monitor the statute changes. Arizona’s law is relatively new and evolving (e.g. SB 1639 in 2024). Future amendments could change eligibility or process details.
Seek legal help when needed. Complex cases or contested petitions benefit from attorney assistance.
Be aware of published materials. Information distributed (news articles, prior reports) prior to sealing may remain accessible even after your record is sealed.

Conclusion

Arizona’s adoption of A.R.S. 13‑911 in 2023 marked a significant shift toward giving individuals with past criminal records a second chance. While sealing is not identical to full expungement, it offers powerful relief by restricting public access to case records for arrests, dismissals, and many convictions - provided eligibility criteria are met, waiting periods have passed, and certain serious offenses are excluded.

If you’re considering sealing your record in Arizona, begin by reviewing your case history, confirming eligibility, and filing a petition in the correct court. Proceed carefully, supplement your petition with supporting evidence, and understand your rights and limitations under the statute.

For complex cases or to ensure accuracy, consult with an experienced criminal defense attorney licensed in Arizona, like Doran Justice. Sealing your record may not guarantee every door will open, but it can significantly improve your opportunities and help you move forward.

Arizona Criminal Penalties Explained: Felony, Misdemeanor & Petty Offenses

Wed, 15 Oct 2025 12:31:16 GMT

What are the different types of criminal charges in Arizona?

Understand what you’re facing. This Q&A guide breaks down Arizona’s criminal penalties by charge type - clearly and directly.

What are the different types of criminal charges in Arizona?

Arizona classifies criminal offenses into three main categories:

Felonies – The most serious offenses, punishable by prison time.
Misdemeanors – Less severe crimes, usually punished by jail time of less than a year.
Petty Offenses – Minor infractions, typically penalized with a fine only.

What’s the difference between a felony and a misdemeanor in Arizona?

Felonies result in state prison time and have long-term consequences like loss of voting rights, inability to own firearms, and difficulty finding housing or employment.
Misdemeanors are handled in local courts and typically result in fines, probation, or time in county jail for less than a year.

What does it mean if a crime is classified as “dangerous”?

A crime is considered dangerous in Arizona if it involves:

Use of a deadly weapon or dangerous instrument
Intentional or reckless serious physical injury

If a felony is labeled dangerous:

Probation is not allowed
Prison time becomes mandatory
Sentencing ranges increase significantly

What is a “Class 6 Undesignated Felony” in Arizona?

A Class 6 undesignated felony is a unique charge that may later be treated as a misdemeanor if the defendant:

Successfully completes probation
Pays all restitution
Meets all other court conditions

This is often offered in plea deals for first-time offenders.

What happens if I have prior felony convictions?

Arizona applies repetitive offender sentencing. Prior convictions can:

Raise the sentencing range dramatically
Eliminate probation eligibility
Require mandatory minimum sentences

Example: A second Class 3 felony conviction may result in 7–15 years , instead of 2–8.75 years.

Can I go to jail for a petty offense?

No. Petty offenses in Arizona are non-criminal violations. They cannot result in jail time. They only carry fines and often don’t appear on a criminal record.

Are juveniles charged the same way as adults?

Usually not. However, if a juvenile aged 15+ is charged with certain violent felonies (e.g., murder, armed robbery), they may be:

Tried as adults
Sentenced under adult guidelines

Can I avoid jail for a felony in Arizona?

In some cases, yes. Probation, diversion programs, or plea deals may apply. Judges consider:

First-time vs. repeat offense
Whether the crime was non-violent
Willingness to undergo treatment, education, or restitution

What are the long-term consequences of a felony conviction?

Felony convictions may result in:

Permanent criminal record
Loss of civil rights (voting, firearm ownership)
Ineligibility for certain jobs, licenses, housing
Immigration consequences for non-citizens

Can a criminal conviction be expunged or set aside in Arizona?

Arizona allows set-asides (not true expungements) for certain convictions. This:

Updates the record to show the conviction was vacated
Improves job and housing opportunities
Does not erase the conviction completely

Some convictions can be sealed, which allows you to state in most circumstances that you have never been arrested, charged, or convicted of the offense.

What should I do if I’m charged with a crime in Arizona?

Do not speak to police without a lawyer
Contact a criminal defense attorney immediately
Document everything
Do not discuss your case on social media
Request a free consultation with Doran Justice

Steps to Expect After a Criminal Arrest in Arizona

Wed, 08 Oct 2025 22:27:28 GMT

Understanding the Arrest Process

Being arrested can be overwhelming, but knowing what to expect can help you protect your

rights. In Arizona, the criminal justice process moves quickly from the moment of arrest. The

steps outlined below explain what typically happens next - and why securing legal

representation early is critical.

Key Steps After an Arrest

1. Booking

After an arrest, you’ll be taken to a local jail for booking. This includes fingerprinting,

photographs (mugshots), and entering personal details into the system.

2. Bail or Release Decision

A judge or magistrate will determine whether you’ll be released on your own recognizance,

granted bail, or held in custody. Factors include:

The seriousness of the charge
Your prior criminal record
Risk of flight or danger to the community

3. Initial Appearance

Within 24 hours of arrest, you’ll attend an initial court hearing. At this stage:

The charges are formally read
Bail or release conditions are reviewed
You are advised of your rights

4. Arraignment

At your arraignment, you will enter a plea (guilty, not guilty, or no contest). This sets the

stage for the rest of the case. While someone can technically plead guilty at their arraignment, this is not common practice. Almost every person in the criminal justice system pleads not guilty at the arraignment to allow time to receive the evidence against them and to negotiate possible plea deals with the prosecution.

5. Pre-Trial Process

If you plead not guilty, your case moves forward with:

Discovery (evidence sharing between prosecution and defense)
Pre-trial motions (requests to dismiss or limit evidence)
Potential plea negotiations

6. Trial or Resolution

If no agreement is reached, the case goes to trial, where a judge or jury determines guilt or

innocence.

Why Legal Representation Matters

Every stage of the process carries risks that can impact your future. Having a criminal

defense attorney by your side ensures:

Protection of your constitutional rights
A strong bail/release argument
Skilled negotiation with prosecutors
An effective defense strategy at trial

FAQ

How soon should I contact a lawyer after being arrested?

Immediately. The sooner you have legal counsel, the better your defense can be prepared.

What if I can’t afford bail?

Your attorney can argue for reduced bail or alternative release conditions.

Can charges be dropped before trial?

Yes. Depending on the evidence, your lawyer may be able to have charges reduced or

dismissed early.

What happens if I miss a court date?

A warrant will likely be issued for your arrest, making your situation far more serious.

Next Steps

If you or a loved one has been arrested in Arizona, do not wait to get help. The legal process

moves quickly, and having the right attorney can make all the difference.

Contact Doran Justice today for experienced criminal defense representation and immediate

guidance.

Expertise Best Divorce Lawyers in Phoenix 2021

Thu, 07 Oct 2021 09:28:05 GMT

Doran Justice, PLLC voted Expertise Best Divorce Lawyers in Phoenix 2021

Restoring Your Right to Own a Gun

Mon, 01 Feb 2021 23:43:00 GMT

Written By: Tyler Schwenke, Esq.

How a C onviction Affects a Person’s Civil Rights

A felony conviction in Arizona results in the loss of four primary civil rights: the right to vote, right to hold public office, right to serve on a jury, and right to possess a firearm. If a person only has one conviction, their rights to vote, hold public office, and serve on a jury is automatically restored after completing their sentence. This is not true for the right to own a firearm. Ownership of a firearm after being convicted of a felony can result in being charged with another felony: misconduct involving weapons. Misconduct involving weapons by a prohibited possessor is a Class 4 felony.

Filing a Motion for Restoration of Gun Rights

To get your right to own a gun restored, a motion must be submitted with the Court. This can be done by the person seeking to have their right restored or with the assistance of an attorney. There are a few things to keep in mind when filing a Motion for Restoration of Gun Rights.

Domestic Violence Offe nses and Gun Rights

While misdemeanors generally do not result in the loss of civil rights, there is one exception. If a person is convicted of a misdemeanor domestic violence offense, that person is no longer allowed to possess a firearm under federal law. 18 § U.S.C. 922(g)(9) . Because this prohibition is under federal law, a person cannot simply apply to the state court to have the right reinstated. Instead, a person convicted of a domestic violence offense and seeking to possess a firearm must petition to have the domestic violence conviction set aside. To learn more about having a conviction set aside, please see our blog post written by Chris Doran, “ Getting Your Freedom Back ”.

FBI Clearance

After a judge grants a Motion to Restore Gun Rights or a Motion to Set Aside Conviction, there are still steps that need to be taken in order to get a person’s gun rights restored. Once the motion is granted, the FBI needs to be notified that the Court has reinstated the person’s gun rights and that the person is allowed to possess a firearm again. For this, a Voluntary Appeal File (VAF) needs to be opened with the FBI. A VAF application can be found on the FBI website here . A person can apply through an online application, or a paper application can be filled out and mailed. In order to complete the VAF application, the person will need to get a fingerprint card filled out at their local police station.

After successful completion of the VAF Application, the FBI will issue the person a Unique Personal Identification Number (UPIN). For future firearm transactions, the person will provide their UPIN during the background check. This will confirm the person’s identity and confirm that they are allowed to purchase a firearm. The VAF application process can take several months to complete so patience will be key.

If you or someone you know is looking to have their firearm rights restored, please contact our office for assistance at (602) 675-4508.

The post Restoring Your Right to Own a Gun appeared first on Doran Justice, PLLC .

The Difference Between Jail and Prison, and the Problem it Creates

Tue, 30 Jun 2020 21:29:00 GMT

Written by:

Courtney Barger (Law Student)

Jail and Prison are often used interchangeably, but they serve different purposes. The key difference: jails are intended for short sentences and temporary confinement while prisons are for felony sentencing longer than a year.

What are Jails?

Jails are generally operated by county governments under the county sheriff’s jurisdiction. They serve smaller populations than prisons and are designed for shorter stays. Arizona has a multitude of jails, at least one in each county. There are also smaller holding facilities that are still considered jails, operated by municipal governments. These facilities are used to hold people for a few hours or days before they are transferred to a larger jail.

At any given time, jails are home to two distinct populations. The first group consists of people who have been convicted of relatively minor crimes such as misdemeanors or violating their probation. The second group is innocent people. A large portion of the people held in jails are in the pre-trial stage and have either been denied bail or been unable to pay. Depending on the severity of their charge, these people may have no previous convictions.

Since the 1980’s the proportion of the jail population made up of pre-trial detainees has increased. The proportion used to be around 50% but has increased to about 75%. You can learn more about these statistics here .

What are Prisons?

Prisons are reserved for those convicted of felonies. It is possible to receive a jail sentence for more minor felonies, but a prison sentence is standard. Prisons tend to be much larger than jails and are operated at the state or federal level. Some prisons are privately owned. Arizona has 16 prisons, 6 are privately owned.

Prisons, while not pleasant places, offer more services to their population. They provide a variety of education including GED courses. Although it may seem counterintuitive, inmates can move more freely throughout prisons. They have jobs to complete and are allocated time in a large, outdoor yard.

The Problem with Jails:

Because they are designed for shorter stays, jails tend to have far fewer services than a standard prison. Inmates staying in jails have complained of inadequate medical care, lack of nutritional food, and inappropriate limitations on movement, like a lack of access to exercise. Inmates with a criminal history or individuals who expect to be convicted may be driven to accept a plea in order to transition from jail to prison. This motivation to leave jail as quickly as possible can mean they accept a plea that is less than favorable to the inmate.

There is another glaring problem with jails and their conditions: they detain innocent people. While it may be necessary in certain circumstances to detain someone before their conviction, the presumption of innocence means that they cannot be punished until their guilt has been proven. The poor conditions of jail serve as de facto punishment. This is one reason having an attorney present at a bond hearing can make such a significant difference. It can be the difference between being free before trial and having to remain in jail for months. If you are in need of criminal defense representation, check out our website at DoranJustice.com , and reach out to us at 602.675.4508 to schedule a free consultation with one of our criminal defense attorneys.

*This information is correct and up to date as of the day this article was written.

The post The Difference Between Jail and Prison, and the Problem it Creates appeared first on Doran Justice, PLLC .

Co-Parenting During the COVID-19 Pandemic

Tue, 28 Apr 2020 20:54:00 GMT

By: Shelby J. Anderson, Esq.

Parenting plans have historically been difficult to navigate. Loopholes can be exploited, certain terms can have multiple interpretations, and there are always parents that seem to have difficulty following court-ordered parenting plans. The COVID-19 pandemic has exacerbated these issues and has created many additional questions related to parenting time. In response to these questions, the Arizona Supreme Court has provided guidelines on how to work through parenting plan court orders during the COVID-19 pandemic while also following the current “ Stay Home, Stay Healthy, Stay Connected ” order, issued by Governor Douglas Ducey on March 30, 2020. Below is a summary of Arizona Supreme Court guidelines, to help with navigating co-parenting during the COVID-19 pandemic.

Parenting Plans Should Continue to Be Followed During the COVID-19 Pandemic

Parents should generally continue to follow the parenting plans that are currently in place, to the fullest extent possible. The Supreme Court’s guidelines state that, “[p]arents must comply with any existing parenting time orders unless they agree otherwise, or until the orders are modified.” The existence of the COVID-19 pandemic is generally not a reason to deny a parent’s court-ordered parenting time. Parents are encouraged to discuss precautions each parent has taken to ensure the safety of the children and to slow the spread of COVID-19; however, the guidelines specifically note that “[a] parent is not permitted to deny parenting time based upon the other parent’s unwillingness to discuss precautionary measures taken, or belief that the other parent’s precautions are insufficient.”

If a parent has been currently withholding parenting time from the other parent without either good cause to do so or an agreement in writing by the parents, that parent must immediately return the child to the other parent in compliance with their current parenting time schedule or face possible contempt of court.

Other court orders, such as third-party visitation, shall also continue to remain in effect unless modified in line with the Supreme Court guidelines. All parents and third parties are encouraged to be flexible during this time and try to come to an agreement with the other parties before seeking court intervention.

Parenting Time with Persons Who Have Tested Positive for COVID-19

Individuals who have tested positive should be working with the other parent to determine an agreement to modify the existing court orders. The court encourages agreement to possible suspension of parenting time for a fourteen-day period for any individuals who have tested positive for COVID-19, share a residence with anyone who has tested positive for the virus, have traveled internationally, or have been directed by a government official to self-quarantine.

If parenting time is missed due to a positive COVID-19 diagnosis and resulting quarantine, parents shall work together for that parent to have liberal virtual communication with the child. If a parent does suspend his or her parenting time due to a positive diagnosis, that parenting time may be made up either by agreement of the parties or a court order, if requested and the court finds the request appropriate.

Since this is such an unprecedented time and parents are understandably fearful for the health and safety of their loved ones, parents should communicate with each other expectations of precautions taken during and after the fourteen-day quarantine period.

Supervised Parenting Time

If a parent has supervised parenting time, that parent shall continue to have parenting time that encourages the child’s health and safety. Many of the third-party supervising agencies are still working through this pandemic in order to ensure parents receive their court-ordered parenting time. If the supervisor is unable to monitor the visit, the parents shall work together to either find an alternative supervisor (such as a family member or friend) or set up a system for virtual supervised visitation. The primary custodial parent is allowed to supervise the virtual visits, which can also reduce expenses during these difficult economic times.

Due to the current administrative order to shelter in place, supervised parenting time that occurs in public locations has become increasingly difficult. The parents arranging the visits should be avoiding places that have common-contact surfaces, including playgrounds and picnic tables, and should be focusing on trying to have parenting time in outdoor areas where social distancing of six feet is possible. If this is not possible to find, parents with a supervised parenting time schedule may consider virtual parenting time until the orders to avoid these public locations are lifted.

Exchanges and Travel Restrictions

There are currently no restrictions for travelling for parenting time exchanges. Parents should be ready to work together if further government restrictions on travel are implemented.

For any long-distance parenting plans, parents are encouraged to be aware of the CDC guidelines for travel and potentially use ground transportation or agree to a modified parenting time schedule if air travel is generally used.

Holiday, Vacation and Summer Break Parenting Time

Arizona has closed schools for the remainder of the 2019-2020 school year. However, parents should still utilize the school parenting time schedule for the remainder of the school year under the school calendar of the child’s school district.

All holidays and breaks designated in the court order should be construed as the regularly calendared breaks and holidays in your child’s school district where your child either is or would be attending school. The Supreme Court specifically notes that although the school has closed its physical doors, the school schedule shall remain the same as is stated on that school’s calendar.

Court Intervention for Essential Matters and Emergency Situations

The guidelines specifically note that self-help is not an acceptable course of action, and that if one parent believes a modification to the parenting plan is necessary, that parent should consider filing a motion for a temporary modification of parenting time pursuant to Rule 48 of the Arizona Rules of Family Law Procedure. Generally, a

parent is required to file both a motion for temporary orders to modify parenting time as well as an underlying petition to modify the parenting time on a permanent basis. However, Administrative Order No. 2020-59 allows a parent to file a petition to modify parenting time on a temporary basis without also filing the underlying petition if the reason behind the request for temporary modification is primarily related to COVID-19.

If a parent does choose to withhold the child from the other parent, this may be considered custodial interference under A.R.S. § 13-1302 . However, the Supreme Court guidelines state that if there is a parenting dispute during the COVID-19 pandemic, parents are urged not to call police or other first responders unless there is a real, immediate, significant, and safety-related reason, or if either the parent or child is in imminent danger. Instead, parents are urged to seek legal recourse in their family court case.

For a thorough review of the Arizona Supreme Court guidelines, please review the “Family Court Guidelines for Parenting Time of Children During the COVID-19 Pandemic” . If you or a loved one is currently facing a parenting time dispute due to the COVID-19 pandemic, or in general, our family law attorneys are here to help. Check our our website and call our office at (602) 675-4508 for a free consultation.

*This information is correct and up to date as of the day this article was written.

The post Co-Parenting During the COVID-19 Pandemic appeared first on Doran Justice, PLLC .

IN QUARANTINE AND OUT OF CUSTODY: The Effect of the Coronavirus on Release Conditions

Thu, 16 Apr 2020 23:41:00 GMT

By: Tyler Schwenke, ESQ .

CORONAVIRUS AND THE JAIL SYSTEM

With the start of 2020, it has been almost impossible to turn on your television or open your computer without seeing a headline about the ongoing Coronavirus (COVID-19) pandemic. In the past few months, society has gone from business as usual to social distancing, self-quarantine, and statewide stay-at-home orders. But as most of us handle these changes from the relative safety of our homes, for many people the option to go home does not exist. For those in jail, awaiting the outcome of their criminal case, there are only so many options to try and avoid catching the virus.

On March 11, 2020, the World Health Organization officially classified COVID-19 as a pandemic. Following this response, many countries, including the United States started to take steps to reduce the spread of the virus as much as possible. For some states, this included releasing people who were previously being kept in jail for a pending criminal case. Within two weeks, the LA Times [1] and New York Times [2] both wrote articles addressing the conditions that people face when they are held in prison. When in custody, it can be very difficult to follow good hygiene practices like consistently washing one’s hands, using hand sanitizer, or even getting access to consistent showers. In Arizona, a lawsuit has been filed by those in custody regarding unsanitary conditions, specifically black mold, which negatively impacts the health of inmates. [3] On top of these conditions, it can be even harder for someone to get medical attention when in custody. At Maricopa County Jail, there are approximately 2,300 inmates at any given time. In addition to those 2,300 inmates, the booking and release areas of the jail sees approximately 7,700 releases and 1,100 self-surrenders each month. Despite these large numbers, the Maricopa County Jail only has approximately 60 beds designated for medical use. [4]

Under the circumstances of the Coronavirus pandemic, the conditions inside Maricopa County Jail can pose a serious risk to a person’s health and safety. This risk is even greater if the person has respiratory issues. An individual can be born with respiratory issues, or they can develop over time. Respiratory issues can arise through smoking tobacco, exposure to certain construction materials, exposure to mold, or a struggle with drug addiction. Remaining in the custody of Maricopa County Jail could result in health complications, or even death, if someone were to fall ill and be unable to get the necessary healthcare. So how can we help our friends and family that find themselves in jail awaiting the results of their case?

MODIFYING RELEASE CONDITIONS

The Arizona Rules of Criminal Procedure allow for an inmate to submit a motion for reexamination of their release conditions. This can be done when there is a change in circumstances or material facts that were not previously presented to the court. [5] One of the biggest changes in circumstances that a person could imagine would be a worldwide pandemic that forces people to keep their distance from one another. The Arizona and United States Constitutions require that a person be presumed innocent until proven guilty. Because of this, the Arizona Rules of Criminal Procedure states that “any defendant charged with an offense bailable must be released…” [6] while their case is ongoing. There are some situations where a person is not required to be released. Examples of this would be if the person poses a risk to a witness or alleged victim, or if there is a reason to believe that the person will flee from the state. Even with these exceptions though, the Court must still balance the rights of the accused versus protection of the community. With a global pandemic occurring, the rights of an inmate are not the only thing on the line, but also their life and the lives of those around them.

FACTORS THAT AFFECT RELEASE CONDITIONS

There are many different factors that a judge must consider when determining the release conditions. [7] These conditions include:

DIFFERENT TYPES OF RELEASE CONDITIONS

After looking at all the factors, the judge must decide what release conditions are appropriate. There are four different categories of release in Arizona:

GETTING HELP TO MODIFY RELEASE CONDITIONS

With the effects of Coronavirus in full swing, now is the perfect time to call upon the courts to reexamine the release conditions of a friend or family member. An attorney can help you with filing the Motion to Modify Release Conditions to get your loved one out of custody and back at home. At Doran Justice, we have two dedicated criminal defense attorneys who are ready to help. Check out our website and call our office at 602-675-5408 to set an appointment for a free consultation.

[1] https://www.latimes.com/california/story/2020-03-26/coronavirus-inmates-release-la-county-jails

[2] https://www.nytimes.com/2020/03/30/us/coronavirus-prisons-jails.html

[3] https://www.phoenixnewtimes.com/news/phoenix-inmates-sue-sheriff-over-disgusting-jail-making-them-sick-11279812

[4] https://www.mcso.org/Home/Jailsa

[5] Ariz. R. Crim. P. 7.4(c)

[6] Ariz. R. Crim. P. 7.2(a)(2)

[7] Ariz. R. Crim. P. 7.2(b)(3)

[8] Ariz. R. Crim. P. 7.2(a)(2)

[9] Ariz. R. Crim. P. 7.3(c)(2)

[10] Ariz. R. Crim. P. 7.3(a)(1)

[11] Ariz. R. Crim. P. 7.3(a)(a)

*This information is correct and up to date as of the day this article was written.

The post IN QUARANTINE AND OUT OF CUSTODY: The Effect of the Coronavirus on Release Conditions appeared first on Doran Justice, PLLC .

Grandmother convicted as a Phoenix officer’s lies are kept secret

Sat, 11 Apr 2020 18:15:23 GMT

Frances Salazar spent nearly two years in prison based on the testimony of a Phoenix police officer with a hidden history of lies. Discover how attorney Chris Doran exposed the truth and is now fighting for justice in her ongoing lawsuit against the Phoenix Police Department and Maricopa County Attorney's Office.

The Parent Information Program Class Requirement

Wed, 08 Apr 2020 01:31:00 GMT

By Shelby Anderson, Esq. and

Chelsey Klotz (paralegal)

What is the Parent Information Program Class?

In any family law matter that involves minor children, ARS § 25-351 directs the superior court in each county to provide an educational program for parents.

Why do I have to take this class?

The main purpose of the required parent information program class is to educate parents about the effect that divorce and child custody disputes between parents may have on the children common to the parties. Under ARS § 25-352 , (1) any dissolution of marriage, legal separation, (2) annulment involving children common to the parties, or (3) in any paternity proceeding where (a) parenting time, (b) decision-making, or (c) child support are at issue, the court shall order the parties to complete a parent education program. There are exceptions to the requirement to take the class. First, the court may, either on its own motion or a motion of either party, determine that participation of the parents in the class is not in the child’s best interests. Second, a parent may provide the court with information of enrollment in an education program comparable to the court-ordered program. Third, the court could determine that a parent has already completed a court-ordered educational program or a comparable program. This third exception applies frequently to modifications of parenting time, legal decision-making, or child support orders. However, the court can still order the parents to attend the educational program more than once. These exceptions are also outlined in ARS § 25-352 .

Do I need to take the class?

For any person involved in a legal matter in which legal decision-making, parenting time, or child support is up for determination, you will be required to take and complete the online course, unless any of the exceptions stated above applies to your matter.

Is there a deadline to complete the class?

Each parent is required to complete the educational program within the time frame ordered by the judge. It is better to get this completed as soon as possible in order to avoid missing the deadline. However, the deadline for compliance may be extended by the judge in your matter. The deadline is typically stated in the Minute Entry setting trial, so review all orders listed to ensure compliance. Every judge has possible sanctions for failing to timely complete the educational program, including vacating the currently set trial date to allow additional time for compliance prior to the hearing. The court could also potentially award the other parent certain attorney fees if one parent fails to comply with the order to complete the program if that court determines the failure was unreasonable.

Will I get a certificate of completion?

You will be awarded a Certificate of Completion at the end of the course. Your class instructor will automatically send a copy to the clerk for filing upon your completion of the class. It will be made available for viewing 5 to 7 business days later.

Will there be a fee?

There is a small fee of no more than $50.00 due prior to taking the course.

Where can I find Court approved classes?

A current list of court-approved classes are as follows:

AZ Priority Education & Counseling

Classroom

English/Español: (602) 485-1200
http://www.azpec.com/
Online Class
https://beacon360.content.online/xbcs/S1541/catalog/product.xhtml?eid=7201

Children In-Between Online

https://online.divorce-education.com/locale/arizona/maricopa

Niños En Medio En Linea

https://online.divorce-education.com/locale/arizona/maricopa/es

Families in Transition

Classroom
English: (480) 946-9680
Español: (602) 451-4046

http://www.center4families.com

Still have additional questions? Please feel free to visit our website and call Doran Justice at (602) 675-4508 to schedule your free consultation with one of our experienced family law attorneys.

*This information is correct and up to date as of the day this article was written.

The post The Parent Information Program Class Requirement appeared first on Doran Justice, PLLC .

Possession Charges without Knowledge

Wed, 01 Apr 2020 23:51:00 GMT

Co-Authored by Erin Sweeney (Law Student) and Chris Doran, Esq.

Can I Be Charged for Possession even if it’s Not Mine? — YES.

Possession charges are extremely common in Arizona. The most common types of possession charges are, unsurprisingly, those related to drug offenses — either possession of a narcotic drug or possession of drug paraphernalia. For those who have a previous conviction, it is also common to be charged with Misconduct Involving Weapons, or possession of a firearm when you are a prohibited possessor.

However, not every possession case involves the contraband item in your hand or on your person. In fact, it is entirely possible to be charged for possession even if the contraband was found nowhere near you. Most likely, it was found inside the car or house you were in, even if you didn’t know it was there. For these types of cases, prosecutors have to prove the elements of “ constructive possession. ”

While constructive possession is much harder to prove than actual possession, in Arizona, the elements of constructive possession are more strict than other jurisdictions: A prosecutor only has to prove the prohibited property was “found in a place under [your] dominion or control, and under circumstances from which it can be reasonably inferred that [you] had actual knowledge of the existence of the property.” State v. Cox (2007) .

To break that down into smaller elements:

Constructive possession is hard to understand, so if you’re still not sure what that term means, you’re not alone. Courts struggle with this concept still to this day. An easy way to think about constructive possession is to imagine the prohibited item as money in your bank account. While you may have never seen or touched the physical bills, you know that the money is there. You can also exercise control over that money, such as transferring it to someone else or using it to make a purchase at Target.

How Do You “Knowingly” Possess Contraband?

Contrary to what we typically think about the definition of “knowingly,” a prosecutor doesn’t have to prove that you had actual knowledge of the contraband item. In Arizona, all a prosecutor has to do is provide enough evidence, either direct or circumstantial, such that a jury could come to a “reasonable inference” that you knew the contraband was there and where it was. In other words, they have to prove that you probably knew or should have known that the contraband was there.

Not only does a prosecutor have to prove that you reasonably knew of the contraband, but they also have to establish that you knew or should have known that the contraband was illegal.

Examples of evidence that would promote a reasonable inference of knowledge could be that (1) the contraband was out in the open or (2) was located in a place easily accessible to you. For example, if contraband was found in the glove compartment of your car, knowledge of the contraband could be reasonably inferred on you because you had access to that glove compartment, and it is a location typically used by the driver of the car.

How Do You Exercise “Dominion or Control” Over Contraband?

Even if a contraband item is out in the open or you have knowledge of it, that is not enough to ultimately convict you of constructive possession. A prosecutor also has to prove that you exercised “dominion or control” over the contraband. Your “mere presence” in front of a contraband item doesn’t prove that you control the item in some way, there must be some other evidence that shows you had either the ability or the intention to control the contraband.

Again, dominion and control can be shown through direct or indirect circumstances, such as the contraband being located on your personal property. It is much more likely or reasonable to infer you had control over contraband if it is found in a location that belongs to you because you would have some sort of control over that location.

While a charge of constructive possession is much more difficult to prove than actual possession (being found with the contraband on your person), a jury could still be convinced and convict if a link can be made between you and the illegal item, even if you didn’t know it was there. Doran Justice, PLLC has represented many clients charged with constructive possession and we know that there are many ways that contraband items make their way into your car or home, due to no fault of your own. If you have been charged with possession, you should contact our firm right away so that you don’t have to take the fall for someone else’s illegal items.

*This information is correct and up to date as of the day this article was written.

The post Possession Charges without Knowledge appeared first on Doran Justice, PLLC .

Claim Children on Taxes in a Divorce

Thu, 12 Mar 2020 01:13:00 GMT

Co-Authored by Shelby J. Anderson, Esq. and Erin Sweeney (Law Student)

Tax season can be one of the most stressful times of the year. Filing your taxes correctly is not only extremely important so you don’t face any serious consequences, but it’s also very difficult due to the complex nature of IRS policies and procedures. One tricky area to maneuver is how to claim your children on taxes as dependents when you are a divorced parent.

While children are still minors, only one parent will be able to claim them as a dependent(s) each tax year. If one parent has physical custody of the child (children) for at least 50% of the tax year, the IRS allows that parent to claim him/her (them) as their dependent(s), regardless of what the Parenting Plan or Consent Decree says. However, parents should be looking to be compliant with both the IRS and their court-ordered Parenting Plan. Thus, for parents who don’t meet the qualification to be labeled as the custodial parent (the non-custodial parent), the custodial parent must agree to complete and sign IRS Form 8332, the “Release/Revocation of Release of Claim to Exemption for Child by Custodial Parent,” which allows the non-custodial parent to claim the children as dependents for that specific tax year. Parents may also fill out their own document in place of Form 8332, so as long as that document conforms to the substance in Form 8332. It is common for a non-custodial parent to improperly claim a child or multiple children on their tax return because the custodial parent failed to complete a Form 8332.

Am I Eligible to Fill Out a Form 8332?

The only requirements for Form 8332 eligibility are:

Which Tax Years Can I Claim My Children?

The Arizona Child Support Guidelines’ Section 27 discusses how parents should take turns claiming their federal tax exemptions for dependent children. This section applies in both situations of two custodial parents sharing 50/50 split time or one custodial and one non-custodial parent. There are two ways that parents can allocate their dependent children tax exemption:

The second method of determining tax exemption allocations is much more complex than the first, so it is much better to come to an agreement with an ex-spouse if at all possible. However, understanding what the tax allocation should be if no agreement is reached can be calculated.

First, start with each parent’s gross income and turn those numbers into a fraction. For example, assume one parent earns $60,000 per year and the other parent earns $40,000. The fraction would look like $40,000 / $60,000. Then, simplify and round that number to the nearest fraction with a denominator no larger than 5, i.e. 1/2, 1/3, 2/3, 1/4, 3/4, 1/5, 2/5, 3/5, or 4/5. For the $40,000 / $60,000 example, the end fraction would be 3/5.

This example would mean that one parent would claim the children three out of the five years, while the other parent would claim the children the remaining two out of the five years. The parent who contributes the higher amount of gross income is entitled to claim the children more often than the other parent. Therefore, the parent who contributed $60,000 in the above example would be entitled to claim the children for three years out of a five-year tax period.

There is also an additional way that parents can interpret this fraction when there are multiple children and the number of children matches the number of the denominator, for example, three children and your fraction works out to be either 1/3 or 2/3. Then, for each tax year one parent can claim two children and the other parent can claim one child.

In the case where two parents had to calculate their tax exemption allocation, that doesn’t mean parents may not still come to an agreement later on. If after a year or two, the parents are able find agreement among themselves, they may split up their tax exemptions in that manner going forward.

However, it is extremely important to note that a parent may be DENIED their right to present and future tax exemptions if the parent paying child support has a history of non-payment of child support. The obligor (parent ordered to pay child support) must have paid the total court-ordered child support for that specific tax year by December 31, including any arrearage payments, in order to claim the exemption.

A parent may also be DENIED the right to claim the children on the exemptions, child tax credit, or credit for other dependents if it is the non-custodial parent ’s year to claim and there is no signed Form 8332 with the tax documents.

Do I Still Need a Form 8332 if My Decree of Dissolution Awards Me Tax Exemptions on Specific Years?

YES.

Despite the language of any divorce degree or other legal document (i.e. a child support order) that has entitled any parent to claim the child dependency tax exemption, please be aware that such language in not unconditional. Per the Child Support Guidelines discussed above, a parent’s right to an exemption can be taken away if an obligor parent’s child support is not current OR the non-custodial parent does not have the requisite Form 8332 attached to your tax documents. There generally is language included in the Decree that orders both parents to cooperate to execute all tax waivers and forms necessary to accomplish the tax allocation ordered in the Decree or other legal document. Thus, the custodial parent may be sanctioned by the court for failing to properly execute Form 8332 to allow the non-custodial parent to claim during their allocated year.

The Arizona courts have not specifically dealt with this issue; however, there have been a few U.S. Tax Court cases that demonstrate the likely outcome of any controversy involving an absent Form 8332 on a non-custodial parent’s tax forms.

From the above cases, it is clear that the U.S. Tax Court and the I.R.S. will not get involved as to whether child support payments are up to date. However, if you fail to attach a Form 8332 — even if you are legally entitled to the tax exemption through your family court matter — you will likely not receive the exemption.

If you are non-custodial parent who has been ordered to claim your child(ren) on your federal taxes and your ex-spouse is required to sign form 8332, you should look into hiring a family attorney if there are any issues in receiving this form from the custodial parent. You may be able to get your Form 8332 on time with the help of an attorney. An attorney can help you enforce your court order in state court and possibly get an award of attorney fees or other sanctions against your ex-spouse for the loss of the exemption. Contact one of the experienced family law attorneys at Doran Justice, PLLC today for assistance with this or any other family court issue.

*This information is correct and up to date as of the day this article was written.

The post Claim Children on Taxes in a Divorce appeared first on Doran Justice, PLLC .

TROUBLE AT HOME: Domestic Violence Charges in Arizona

Thu, 20 Feb 2020 00:37:00 GMT

By: Tyler Schwenke

Despite our best efforts to maintain a happy, healthy living environment, its not usual for conflict to arise or for things to boil over in ways that we never wanted or expected. In these instances, where things get out of hand, it is possible for charges of domestic violence to arise.

What qualifies as domestic violence?

A common misconception about domestic violence is that it is its own crime. In Arizona, domestic violence is not an enumerated crime, but rather a designation that is attached to other crimes. For example, a person is not charged with the crime of “domestic violence” in Arizona; instead, a person could be charged with the crime of “assault” with a domestic violence designation attached.

So, what does it mean for a criminal charge to be designated as a domestic violence offense? Crimes are designated as domestic violence offenses when one “family or household member” commits a criminal act against another family or household member. What you may notice is that domestic violence charges are not limited to only include family members. Because the definition of a domestic violence offense extends to household members, it also includes current or former spouses, stepchildren, in-laws, significant others, and roommates. These crimes do not have to be committed in the home or in a shared space, so long as they are committed against someone that falls within the definition of “family or household member” they can be designated as a domestic violence crime.

What crimes can be charged as domestic violence?

The list of crimes that can be charged as domestic violence is quite long and covers a wide variety of crimes. Of note is that not all crimes require any sort of physical injury. Crimes such as harassment, criminal damage, and criminal trespass can all be designated as domestic violence offense although none of the crimes requires actual violence or physical contact with an individual. The important thing to remember when asking whether a crime will be designated as a domestic violence offense is only who the offense is committed against. With that, the list of potential domestic violence influences includes:

Potential Penalties/Aggravated Domestic Violence

The penalties for domestic violence offenses varies just as widely as the number of crimes that can be designated as domestic violence offenses. Because both misdemeanors and felonies can be designated as domestic violence offenses, the sentencing ranges will vary based on the class of crime being alleged. There is one domestic violence offense that is considered its own crime, called “Aggravated Domestic Violence”. A person can be charged with aggravated domestic violence if they are found guilty of three or more domestic violence offenses in a four-year period. Aggravated domestic violence is a Class 5 felony. Regardless of the crime, a domestic violence offense will always come with mandatory domestic violence counseling as a part of the sentence, as well as victim restitution if applicable.

Can a victim drop the charges?

This is another common misconception when it comes to domestic violence cases. Because the charges are brought by the State and not an individual, the victim has no say in whether the case moves forward or is dismissed. The State can press charges with or without the support of the victim and can even proceed to trial without the victim present.

What to do if you have been charged with a domestic violence offense?

The most important thing to do in any criminal case, but especially in case involving the added designation of domestic violence, is to make sure you have good representation. Your attorney can work with you to put forward the best defense possible. Additionally, your attorney can present mitigation to the prosecutor to try and negotiate a better plea offer on your behalf. If you are looking for representation, our office offers free one-hour consultations where you can meet with an attorney to discuss the details of your case and the best route moving forward. Please reach out to our office at 602-675-4508 if you are looking for an experienced attorney to assist with your domestic violence case.

*This information is correct and up to date as of the day this article was written.

The post TROUBLE AT HOME: Domestic Violence Charges in Arizona appeared first on Doran Justice, PLLC .

Need to Register an Out of State Custody or Child Support Order?

Wed, 05 Feb 2020 17:40:00 GMT

By Shelby Anderson , Esq. and Chelsey Klotz (Paralegal)

If you have a family law Custody Order, Parenting Plan, or Child Support order from another state and are a current resident of Arizona, you will need to consider registering these foreign judgments as Orders in Arizona.

In order to register an out of state order, the minor child must be living in Arizona for at least six (6) months. Additionally, all parties must have moved from the state with the original orders.

Beginning the Process

To begin, you will need at least one certified copy of every order you are trying to domesticate.

It is important to remember that if you are registering both a Custody Order/Parenting Plan and a Child Support order from another state, you complete both sets of documents.

To register a Parenting Plan/Custody order, the following documents must be completely filled out and filed with the Court:

To register a Child Support order, the following documents must be completely filled out and filed with the Court:

Filing the Documents

Once all the documents are accurately and completely filled out, the documents must be signed and notarized. The documents must be in order, along with the certified copies of the out of state orders attached to the back of the filing packet. You will need to bring with you the original documents, along with at least 3 copies.

There is a filing fee for registering the custody order, but there is no filing fee for registering the child support order.

For Maricopa County, the current filing fee for registering a custody order is $279.00 and the fee must be paid at the time of filing.

The Clerk will provide a Notice stating that your documents have been registered; it will be your responsibility to serve copies to the other party/parties involved. It is standard practice to use a process server.

Remember, if you are wanting to enforce or modify these same orders, separate forms and paperwork will have to be filed.

Need Help?

We understand that there are a lot of moving parts in this process and one can easily find themselves lost or overwhelmed with the court process. One of the knowledgeable family attorneys here at Doran Justice will be able to assist you to ensure there are no surprises along the way. Contact Doran Justice, PLLC today to schedule a free consultation with a family attorney to register your foreign judgment or begin your modification process.

*This information is correct and up to date as of the day this article was written.

The post Need to Register an Out of State Custody or Child Support Order? appeared first on Doran Justice, PLLC .

Attorney Chris Doran featured in the Phoenix New Times

Fri, 01 Mar 2019 19:15:00 GMT

After spending nearly two years in prison due to a wrongful conviction, Frances Salazar was freed when it was revealed that the arresting officer, Anthony Armour, had a history of lying on the job. Learn how attorney Chris Doran helped uncover the truth and secure her release.

Things to Consider Before Getting A Prenuptial Agreement

Sat, 10 Nov 2018 06:37:00 GMT

By Shelby J. Anderson

If you are getting married and are thinking about getting a prenuptial agreement (also called premarital or antenuptial agreements), there are many different provisions to consider before consulting with an attorney. Arizona has adopted the Uniform Premarital Agreement Act (UPAA). A premarital agreement is defined as “an agreement between prospective spouses that is made in contemplation of marriage and that is effective on marriage.” [1] The scope of prenuptial agreements is very broad under the UPAA. Pursuant to A.R.S. § 25-203, parties can agree to almost anything, as long as it is not a violation of public policy or criminal statute. A premarital agreement can merely protect one specific asset, such as a business or family property, or can be completely comprehensive to include numerous financial and relationship issues. Prenuptial agreements are predominantly used to protect the spouses’ financial interests; still, there are additional matters that Arizona couples can contract for in a prenuptial agreement. You and your prospective spouse should consider provisions that will best suit your specific relationship.

Arizona is a Community Property State

Arizona is one of nine community property states. Community property laws presume that any real and personal property that is acquired during the marriage belongs to the community, owned and shared equally by husband and wife. All property that is acquired by either spouse during the marriage is community property, with few exceptions (gifts, devises, descents, and property acquired after service of petition for divorce). [2] Earnings of both spouses during the marriage are community property. ^[3] This means that spouses have equal management, control and disposition rights over the community property and have equal authority to bind the community. Division of community property interests can be contracted in a prenuptial agreement.

Assets and Debts can be Included in Your Prenuptial Agreement

Assets and debts can be contracted for in your prenuptial agreement. Assets can include bank accounts, houses, businesses, land, domain names, jewelry, and other items of tangible or intangible property. [4] Your premarital agreement can determine which assets will become community property, which assets will remain separate property, and even what happens when there is an appreciation in value of an asset after marriage. Arizona allows parties to contract around these default rules of equal ownership of property. A.R.S. § 25-203 provides for many different arrangements that can be made regarding division of assets or debts. These include:

Case law has held valid and enforceable provisions that earnings and property interests acquired during the marriage defined as community property would remain the separate property of each spouse because of a valid prenuptial agreement. ^[6] Therefore, although Arizona is a community property state, parties can contract in the prenuptial agreement as to exactly how they want to share their property, notwithstanding Arizona Community Property Laws.

A prenuptial agreement becomes crucial when there is a business owned by one spouse coming into the marriage or a family interest in an asset, such as a family farm, that the spouse would like to keep in the family. [7] If one party is coming into the marriage with a business, this is an asset prospective spouses can prepare for in their prenuptial agreement. If things go south in the marriage, business valuations are expensive, time consuming, and can cause a loss to the business due to the strain on finances from the divorce. Planning ahead when one spouse has a business or family property interest can allow these interests to stay intact in the event of a divorce.

A prenuptial agreement can also determine what happens to the family pet. Arizona likely still characterizes all animals as personal property, despite recent changes to the “personal property” statute. ^[8] Therefore, if you and your significant other own a pet, you can determine who gets that animal upon divorce, including visitation schedules for the non-custodial pet parent as well as the allocation of pet expenses.

Debts are another important consideration in a prenuptial agreement. Nationally, borrowers owe approximately $1.5 trillion in student loan debt alone. ^[9] Although it is accepted law in Arizona that debt incurred prior to the marriage is that party’s sole and separate debt, it may be worthwhile to include a provision that will limit each spouse’s liability for the other spouse’s debts incurred before the marriage. ^[10] This is particularly true when both parties have a significant amount of student loan debt. Further, a prenuptial agreement can allocate certain debts incurred during the marriage to certain parties. This can assist couples with financial restraint and can curb unsightly future conversations on personal spending habits.

Spousal Maintenance

Spousal maintenance (alimony) is a common provision in a prenuptial agreement. If you get a divorce without a prenuptial agreement, there is a two-tiered inquiry. First, the court reviews five factors to determines whether the spouse is entitled to spousal maintenance at all. If the spouse is entitled to support, courts then consider thirteen different factors when considering the amount and duration of spousal support. [11] Because there is no predetermined formula to calculate spousal maintenance; court awards are inconsistent in both the amount and duration of the award. Further, the alimony tax deduction is changing significantly, which will factor into the payment amounts the recipient spouse will receive. [12] Arizona’s default rules on spousal maintenance are expensive, unpredictable, and take away the ability of you and your spouse to control your income upon divorce. A provision regarding spousal maintenance in your premarital agreement can alleviate stress, set expectations in the relationship, and keep expenses low in the event of a divorce. There are multiple agreements that can be made regarding spousal maintenance. The parties can agree to a lump sum payment, support for a limited duration, or support in consideration of the other party’s support during educational or career advancements (rehabilitative support). The parties can also agree to eliminate spousal maintenance altogether. However, Arizona law prevents situations where the modification of spousal support would make one party eligible for public assistance. Under A.R.S. § 25-202, if an elimination or modification of support in a prenuptial agreement causes one party of the agreement to be eligible for public assistance during separation or divorce, the court can require the other party to support the party so as to not need public assistance from the state.

Other Provisions to Consider Adding into Your Prenuptial Agreement

A.R.S. § 25-203 provides that parties to a prenuptial agreement may contract with respect to any matter, so long as it is not regarding child custody and support, a violation of public policy, or a statute imposing a criminal penalty. This allows for some creativity and flexibility to draft a prenuptial agreement that is specific to your relationship.

There are many “lifestyle” clauses that prospective spouses can choose to include in a prenuptial agreement. If one partner has had substance abuse issues in the past, a clause requiring random drug testing can be included. Couples can negotiate a shopping allowance in return for a number of homemade meals per week. If there are trust issues in the relationship, an infidelity clause can alleviate these concerns by prescribing penalties, such as liquidated damages, if one of the parties is unfaithful. A social media clause can prevent parties from posting online about ex-spouses in the event of a divorce. A sunset provision can be included, which renders the premarital agreement null and void upon the happening of some stated event, usually an anniversary of the couple or some future date agreed upon by both parties. A sunset clause can be helpful for the couple that wants a prenuptial agreement in the first years of marriage when they are still “testing the waters.” Arizona default rules allow the prenuptial agreement to remain in place for the duration of the marriage unless a sunset clause is included. Finally, a choice of law provision should be included so there is no ambiguity regarding what law governs the agreement. This will be especially necessary if the spouses sign the prenuptial agreement in one state but subsequently move, since the law concerning prenuptial agreements varies from state to state.

Although Arizona has a broad scope of prenuptial agreements, it is questionable whether certain lifestyle clauses would be enforceable due to requirements concerning unconscionability or violations of public policy. Courts may also be reluctant to uphold lifestyle clauses because they can be difficult to prove or unreasonable to enforce. Some states will not enforce prenuptial agreements containing personal obligation clauses. Because the Arizona UPAA allows parties to contract with respect to personal rights and obligations, it is likely that agreements including personal obligations and rights will be valid and enforceable. To alleviate concerns of enforceability, a severability clause can be included, which allows the court to enforce the lawful part and ignore the invalid part of the agreement. [13] Since there is judicial discretion regarding issues of public policy or unconscionability, it is important to consult with an attorney to ensure your agreement will be valid and enforceable.

What Will Not be Considered in a Prenuptial Agreement

There are some things that cannot be contracted for in a prenuptial agreement. Any matter that is either a violation of public policy or a statute imposing a criminal penalty exceed the scope of the agreement and cannot be upheld. [14] Clauses concerning children are not enforceable. Arizona courts determine child custody issues in accordance with what is in the best interests of the child. [15] Similarly, A.R.S. § 25-203(B) provides that a child’s right to child support may not be adversely affected by a premarital agreement. Accordingly, anything in your premarital agreement that relates to the children, such as to raise them a certain religion or visitation schedules after divorce will not be enforceable in court. Further, some states consider prenuptial agreements to be effective only with respect to the couple’s financial interests.

The different provisions that may be included in your premarital agreement, while nearly endless, are subject to certain requirements and judicial scrutiny. A properly drafted premarital agreement will ensure your agreement will be valid and enforceable in Arizona. For inquiries on prenuptial agreements or any other family law matters, contact one of the family law attorneys at Doran Justice, PLLC today .

[1] A.R.S. § 25-201.

[2] A.R.S. § 25-211.

[3] § 6.5.Earnings, 4 Ariz. Prac., Community Property Law § 6.5 (3d ed.).

[4] BEFORE SAYING ‘I DO,‘ SPECIFY ‘I WILL‘ IN A PRENUPTIAL AGREEMENT, 43 ESTPLN 36, 38, 2016 WL 1166216, 4

[5] A.R.S. § 25-203.

[6] Schlaefer v. Fin. Mgmt. Serv., Inc. , 196 Ariz. 336, 339, ¶ 12, 996 P.2d 745, 748 (App. 2000); Elia v. Pifer , 194 Ariz. 74, 83, ¶ 48, 977 P.2d 796, 805 (App. 1998).

[7] Tara J. Miller, Divorce & Farmland: What Is the Best Solution?, 22 Drake J. Agric. L. 89, 99 (2017).

[8] All citations of this statute refer to animals as personal property. The definition of “personal property” included “money, goods, chattels, dogs, things in action and evidences of debt.” The Arizona legislature recently removed the term “dogs” has been removed from the statute. However, animals have still been characterized as personal property. See Kaufman v. Langhofer , 223 Ariz. 249, 252, ¶ 10, 222 P.3d 272, 275 (App. 2009).

[9] https://www.forbes.com/sites/zackfriedman/2018/06/13/student-loan-debt-statistics-2018/#5392e42b7310.

[10] https://www.azleg.gov/viewdocument/?docName=https://www.azleg.gov/ars/25/00213.htm.

[11] A.R.S. § 25-319(B).

[12] For further information on this new change to the federal alimony tax deduction rules, please review our blog, “Alimony Tax Consequences Under the New Tax Cuts and Jobs Act.”

[13] Olliver/Pilcher Ins., Inc. v. Daniels , 148 Ariz. 530, 533, 715 P.2d 1218, 1221 (1986).

[14] A.R.S. § 25-203 (A)(8).

[15] A.R.S. § 25-403.

*This information is correct and up to date as of the day this article was written.

The post Things to Consider Before Getting A Prenuptial Agreement appeared first on Doran Justice, PLLC .

Alimony Tax Consequences Under the New Tax Cuts and Jobs Act

Fri, 19 Oct 2018 04:15:00 GMT

By Shelby J. Anderson

On December 22, 2017, President Donald Trump signed into law the Tax Cuts and Jobs Act. This bill amended the Internal Revenue Code and modified many policies and tax rates. Included in this Act is a change in who receives the tax deduction on alimony payments. Find out how this change will affect you. ¹

How Does the Tax Cuts and Jobs Act Affect Your Alimony?

Divorce can often increase financial stress due to increased financial burdens ̶ a divorcing couple must utilize the same income to cover the increased expenses of living as two individuals.

Alimony is a popular way to ease the financial burden of the lower earning spouse after divorce. Alimony (known as spousal maintenance in Arizona) is an allowance given to one spouse by the other spouse for support both pending and after a legal separation or divorce. ² The 75-year-old alimony tax deduction allowed the paying spouse to deduct alimony payments from their taxable income, which reduces his or her overall taxable income. The alimony deduction was one financial area where both spouses seemed to benefit, and it incentivized the higher wage earner to agree to larger alimony payments. Alimony is taxable to the receiving spouse, which means the spouse receiving the payments is required to report alimony payments as gross income.

Now, President Donald Trump’s tax code overhaul is changing the tax consequences of alimony. ³ The Tax Cuts and Jobs Act repealed Internal Revenue Code Section 71 and related sections, which provided the alimony deduction to the payor spouse. ⁴ For couples who divorce after the Act takes effect, the spouse paying alimony will be required to include alimony payments in their gross income. In other words, alimony will be taxable to the paying spouse and tax-free to the recipient spouse. The Act essentially shifts the tax burden from the recipient spouse to the payer spouse. ⁵

This change will increase the total amount of tax paid by divorced couples. The spouse paying alimony has a higher income and a corresponding higher tax bracket and therefore will pay a higher tax on the alimony payments, leaving less money to the recipient spouse. ⁶

Why did the Government Change the Recipient of the Alimony Deduction?

The House of Representatives Ways and Means Committee (the principal tax-writing committee) provided some explanation for the change. The Committee characterized the alimony deduction as a “divorce subsidy,” noting that divorced couples can achieve better tax results than a married couple. ⁷ The Committee also reasoned that alimony should have similar tax consequences as child support, which is not reported on either party’s taxes. ⁸ According to the Act’s bill summary, this change will provide the Federal Government with an additional $8.3 billion in taxes from divorced couples over the next 10 years. ⁹ Another stated reason for this change is that it will be easier for the IRS to manage. Recent IRS data shows that alimony sometimes shows as deducted on the paying spouse’s return but is not reported as income by the recipient spouse, which results in a loss of tax revenue to the Federal Government. ¹⁰

How Will This Change Affect You?

It is estimated that the new tax plan will reduce the total amount of spousal support that is paid out. With the current tax plan, the payer was incentivized to pay more alimony since the deduction lowered their taxable income. Further, the money is taxed at a significantly lower rate in the alimony recipient’s possession. ¹¹ This tends to preserve more money overall to allocate between spouses, helping them afford to live separately. ¹²

Under the new plan, income used for alimony payments will be taxed in the bracket that applies to the payor spouse instead of the recipient spouse. Consequently, it is feared that higher-earning spouses will negotiate lower payments after January 1, 2019, when the alimony deduction is eliminated. ¹³ It is estimated that future alimony recipients could lose 10 to 15 percent of alimony received under the current law. ¹⁴ Because women receive up to 98% of all alimony payments, women will be more negatively impacted than men. ¹⁵

Not every divorced couple will be subject to the new tax rules. Generally, divorcing couples with substantially equal incomes are not awarded alimony. Spouses divorced before December 31, 2018 will continue under the previous alimony tax rules. ¹⁶ Further, if there is a pre-2019 divorce or separation decree and the ex-spouse wants to have the decree modified, the new tax rules do not apply to the modification unless it is expressly stated that the new rules are to apply. ¹⁷

Is there Anything I can Do to Protect Myself?

There are some options available to spouses. Divorcing spouses can negotiate for a division of assets that would offset potential alimony payments. Prenuptial agreements are a tool couples can use now to control the amount of alimony payments. Because some prenuptial agreements have alimony provisions that assume the tax deduction for the payor, prenuptial agreements may need to be modified. A properly drafted prenuptial agreement can provide smaller payments, lump sum payments, or can eliminate spousal maintenance altogether in order to offset this tax burden. Couples can agree to a different division of assets in lieu of paying alimony. Arizona has adopted the Uniform Premarital Agreement Act, which allows parties to a premarital agreement to contract regarding financial and other matters. While a prenuptial agreement cannot decrease a spouse’s federal tax liability with an alimony award, a prenuptial or postnuptial agreement can provide for the recipient spouse in different ways than traditional alimony payments, which can save both spouses money.

These new tax rules go into effect in 2019. If you and your spouse have a prenuptial agreement, alimony payments, or are thinking of getting a divorce, you should consult with a family law attorney prior to taking any action in order to understand how this new alimony tax rule will affect you. Call Doran Justice, PLLC today to schedule a consultation with one of our family law attorneys.

[1] https://www.forbes.com/sites/jbrewer/2018/08/14/getting-a-divorce-financial-issues-to-consider/#44370cd30871

[2] https://www.merriam-webster.com/dictionary/alimony

[3] http://www.abajournal.com/magazine/article/divorce_calculations_into_turmoil

[4] https://www.congress.gov/bill/115th-congress/house-bill/1

[5] http://www.abajournal.com/magazine/article/divorce_calculations_into_turmoil

[6] https://www.businessinsider.com/trump-gop-tax-plan-divorce-penalty-2017-11

[7] http://www.latimes.com/business/hiltzik/la-fi-hiltzik-alimony-tax-20171106-story.html

[8] https://www.cbsnews.com/news/gop-tax-overhaul-how-it-would-alter-alimony/

[9] https://www.businessinsider.com/trump-gop-tax-plan-divorce-penalty-2017-11

[10] https://www.businessinsider.com/trump-gop-tax-plan-divorce-penalty-2017-11

[11] http://www.abajournal.com/magazine/article/divorce_calculations_into_turmoil

[12] https://www.usatoday.com/story/money/taxes/2017/12/24/exes-and-taxes-how-tax-overhaul-would-alter-alimony/976413001/

[13] https://money.cnn.com/2017/12/15/pf/taxes/alimony-tax-bill/index.html

[14] https://www.cbsnews.com/news/gop-tax-overhaul-how-it-would-alter-alimony/

[15] https://www.usatoday.com/story/money/taxes/2017/12/24/exes-and-taxes-how-tax-overhaul-would-alter-alimony/976413001/

[16] https://www.cbsnews.com/news/gop-tax-overhaul-how-it-would-alter-alimony/

[17] https://www.yhbcpa.com/tax-consulting/modify-decree-impact-tax-law-changes-alimony/

[18] https://www.cbsnews.com/news/gop-tax-overhaul-how-it-would-alter-alimony/

[19] https://www.azleg.gov/ars/25/00203.htm

*This information is correct and up to date as of the day this article was written.

The post Alimony Tax Consequences Under the New Tax Cuts and Jobs Act appeared first on Doran Justice, PLLC .

Myths and Realities of Premarital Agreements in Arizona

Tue, 09 Oct 2018 07:28:00 GMT

By Shelby J. Anderson

Premarital agreements (a.k.a. prenuptial agreement) get a bad reputation. The term tends to invoke thoughts of divorce and distrust in the relationship. However, premarital agreements in Arizona can actually be a valuable tool that can save couples money and ensure both sides are treated fairly during the marriage and in the event of a divorce. Below are common myths and realities of prenuptial agreements in Arizona.

Myth: A prenuptial agreement creates distrust in the relationship and dooms the marriage to fail.

Reality: Prenuptial agreement is better described as “marital insurance”.
People are comfortable insuring a car in case of an accident and there are health insurance plans for every possible health situation that may arise. Celebrities and athletes even insure their body parts for that worst-case scenario situation. ^[1] Marriage is one of life’s biggest decisions: an agreement to spend eternity with another person. Recent data suggests that nearly half of all marriages end in divorce. ^[2] Since 2000, there are up to 1 million divorces every year. ^[3] It is unlikely that any divorced couple ever thought they would have to cash in on their marital insurance, but couples that take the time and effort to have the difficult conversations necessary for a prenuptial agreement will avoid disputes and misunderstandings that are likely to ensue in a contentious divorce. Further, prenuptial agreements aren’t exclusively for divorce. There are provisions that parties can agree to abide by during the marriage, such as a yearly stipend for shopping expenditures, an infidelity clause, or even social media standards to follow in the event of an argument.

Myth: Prenuptial agreements ruin the romance of a marriage.

Reality: Honest conversations about the realities of the marriage can prevent disagreements during the marriage.
Prenuptial agreements materialize at one of the happiest times of the relationship. The engagement is a point where each party will strive to be reasonable and fair to the other party. A prenuptial agreement can actually prevent a divorce by starting a conversation that is otherwise difficult to initiate without the veil of the prenuptial agreement. Sitting down as a couple and having an open, honest conversation about how to deal with a potential divorce can bring couples closer together because it places major concerns and vulnerabilities out in the open. Each party can lay out expectations and concerns of the relationship, which can start the conversation on how to alleviate those concerns. Further, since financial disagreements are a common reason for divorce, it is important to understand a prospective spouse’s financial perspectives prior to a marriage. The earlier a couple understands their level of financial compatibility, the better off that couple will be in preparing for these difficult discussions. ^[4] Finally, although romance is a necessary component, marriages share many similarities with businesses: there are financial issues, partnerships, passion, and the potential for a dissolution at any given moment. Thus, it is wise to commit both types of partnerships to an agreement in writing so as to facilitate a smooth transition into the partnership.

Myth: If neither party has significant earnings or assets coming into the marriage, a prenuptial agreement is unnecessary.

Reality: Prenuptial Agreements are important tools for almost every couple.
Arizona law allows for a broad range of topics to be contracted for in a prenuptial agreement. Under the Arizona Uniform Premarital Agreement Act, parties to a premarital agreement may contract for almost any matter. Essentially, any provision that does not involve children and is not in violation of public policy or a statute imposing a criminal penalty can be included in the prenuptial agreement. ^[5] Thus, the contractual possibilities are nearly limitless. A couple can agree to infidelity clauses, shopping allowances, spousal maintenance (alimony), and even who gets to keep the beloved family pet.

Property, earned income, and debts can be contracted for in a prenuptial agreement. Arizona is a community property state, which presumes that any real and personal property that is acquired during the marriage belongs to the community, owned and shared equally by husband and wife. ^[6] This includes all income earned during the marriage. However, a valid prenuptial agreement can allow for prospective spouses to control how to split earned income during the marriage and in the event of a divorce. Arizona case law has held valid and enforceable premarital agreement provisions that earnings and interest in property acquired during the marriage would remain the separate property of each spouse. ^[7] Debts are another important consideration in a prenuptial agreement. Nationally, borrowers owe approximately $1.5 trillion in student loan debt alone. ^[8] Although it is accepted law in Arizona that debt incurred prior to the marriage is that party’s sole and separate debt, it may be worthwhile to include a provision that will limit each spouse’s liability for the other spouse’s debts incurred before the marriage. ^[9] This is particularly true when both parties have a significant amount of student loan debt. Although Arizona is a community property state, parties can enter into specific agreements concerning their earnings, assets, and debts acquired during the marriage, notwithstanding Arizona Community Property laws. ^[10]

Myth: It is too expensive to get a prenuptial agreement.

Reality: The amount of money the prenuptial agreement can save you will make the minimal expense of attorney fees worth it.
A prenuptial agreement is very inexpensive compared to a divorce. Attorneys will usually prepare a prenuptial agreement for either a set fee or an hourly rate. If the attorney has an hourly rate, couples can keep their costs even lower by discussing beforehand with each other what is important to them in the relationship and in the event of a divorce. Minimal attorney participation in back-and-forth negotiations between prospective spouses will significantly lower the cost of the hourly fee. Further, the time during which a couple should be pursuing a prenuptial agreement is already a time when the couple is planning to spend money on a wedding. Most couples spend money on wedding dresses, engagement rings, photographers, a venue, and a reception. It is estimated that the average cost of a wedding in the United States is over $30,000. ^[11] Thus, a prenuptial agreement can be one of the essential expenses of a wedding. It is much more expensive for couples to wait until the divorce to start negotiations. Today, a divorce is almost as expensive as a wedding; a divorce in the U.S. ranges from $15,000-$20,000. ^[12] Included in these expenses are attorney fees, court costs, parent education classes, alternative dispute resolution attempts, and costs associated with the disposition of community property and other real estate investments. Some of these costs are accrued unnecessarily due to hostility surrounding the divorce.

Myth: If a couple signs a prenuptial agreement, it can never be modified.

Reality: A prenuptial agreement can be modified or cancelled.
There is always a possibility of unforeseen circumstances. A prenuptial agreement can be amended or revoked after marriage. A.R.S. § 25-204. ^[13] Therefore, if a couple wants to make changes or even decide they no longer need a prenuptial agreement later in their marriage, they can change it or terminate the contract by a written agreement that is signed by both parties. This can put the couple at ease knowing their agreement can be modified if the modifications are mutually agreed upon.

[6] https://www.azleg.gov/viewdocument/?docName=https://www.azleg.gov/ars/25/00211.htm;
https://www.azleg.gov/viewdocument/?docName=https%3A%2F%2Fwww.azleg.gov%2Fars%2F25%2F00214.htm

[7] https://www.courtlistener.com/opinion/1316388/schlaefer-v-financial-management-service/

[8] https://www.forbes.com/sites/zackfriedman/2018/06/13/student-loan-debt-statistics-2018/#5392e42b7310

[9] https://www.azleg.gov/viewdocument/?docName=https://www.azleg.gov/ars/25/00213.htm

[10] Schlaefer v. Fin. Mgmt. Serv., Inc., 196 Ariz. 336, 339, ¶ 12, 996 P.2d 745, 748 (App. 2000); Elia v. Pifer, 194 Ariz. 74, 83, ¶ 48, 977 P.2d 796, 805 (App. 1998)

[11] https://www.theknot.com/content/what-does-the-average-wedding-cost;
http://time.com/3743699/average-wedding-cost-america-marriage/

[12] https://www.huffingtonpost.com/galtime/how-much-does-the-average_b_3360433.html
https://www.cbsnews.com/media/the-cheapest-and-costliest-states-to-divorce/

[13] https://www.azleg.gov/viewdocument/?docName=https://www.azleg.gov/ars/25/00204.htm

*This information is correct and up to date as of the day this article was written.

The post Myths and Realities of Premarital Agreements in Arizona appeared first on Doran Justice, PLLC .

Attorney Chris Doran featured on CNBC’s American Greed

Mon, 03 Sep 2018 18:14:32 GMT

Learn how attorney Chris Doran helped expose the dark side of online dating in the case of serial fraudster Daylon Pierce, who scammed victims out of millions. Discover the full story on 'American Greed.'

Getting Your Freedom Back

Tue, 04 Jul 2017 04:19:00 GMT

By: Chris Doran, Esq. | July 3, 2017

Can I Get My Previous Felony or Misdemeanor Expunged/Sealed/Removed in Arizona?

First, what is an ‘expungement’?
Expungement is the process by which a record of a previous criminal conviction is destroyed or sealed from the state or federal repository. Essentially, it seals, and in some instances completely ERASES, a prior felony or misdemeanor from a person’s record. This procedure can be extremely beneficial to prevent your past being used against you with future charges. It can also be advantageous when applying for a job, renting an apartment, buying a home, obtaining a professional license, or removing negative stigma in general.

The bad news (there will be good news, I promise)….there are NO EXPUNGEMENTS in Arizona. If you have been convicted of a misdemeanor or a felony in Arizona either by pleading guilty, pleading “no contest”, or by being proven guilty after a trial, that conviction is with you forever . Yes, even if your felony is from 50 years ago!

How will this affect my life?
Let’s start with a felony conviction . If you have a felony conviction, you lose four primary civil rights at the moment of your sentencing:

Additionally, this felony conviction can be used against you in future criminal prosecutions if you were to ever get charged with another crime in the future. Specifically, it can affect your plea offers, your sentencing, and how you are viewed in general. It can also negatively affect your ability to find a job, find a house/apartment, and your education.

A misdemeanor conviction is less detrimental. You do not lose any of the four civil rights listed above. [2] A misdemeanor conviction will not have the same extreme effects on any future criminal charges, house searching, job hunting, or educational restrictions, but misdemeanor convictions can still affect all those categories.

So, if there are no expungements in Arizona, can anything be done to help me?
Yes…which leads to the good news! In many scenarios, your civil rights can be restored and your conviction can be “ set aside ”.

Restoration of Civil Rights

Setting Aside a Conviction
Even though you cannot erase your criminal felony or misdemeanor with an expungement, in many cases you can get it “set aside”. So, what does that mean, exactly? It means the court will “set aside the judgment of guilt, dismiss the accusations or information and order that the person be released from all penalties and disabilities resulting from the conviction ” with some exceptions. [8]

What are the exceptions?

What about employment? How does this change how I answer the infamous question, “Have you ever been convicted of a crime?”
This is probably the most asked question revolving around a set aside, so you would think it has a clear answer. Unfortunately, it does not. I have spoken with lawyers, judges, and experts in the area of set asides but there is not a clear, straight forward answer to this question. So, if your conviction has been set aside and an employer asks you if you have ever been convicted of a crime, can you answer “no”? Yes, you can. Should you answer “no”? That is a decision that you are going to have to make.

One option is that you can answer “no”, but if the employer runs a background check, it might still come up with a notation that it has been set aside. How does an employer view the set aside notation? Well, that depends on the employer. They may think that means the case has been dismissed or expunged or erased, and not hold it against you. Or, they may think you lied and decide to not hire you, or even fire you down the road for lying on your application.

The other option is to answer “yes, but it has since been set aside.” This option prevents the possibility of an employer saying you lied, but it also draws attention to the fact that you have been convicted. If you chose to disclose this information on your application, I would recommend submitting the set aside order from the court with your application and using the language of the statute to explain that a set aside “order[s] that the person be released from all penalties and disabilities resulting from the conviction”. In my mind, employment penalties or disabilities are included when it says “all” and employers should respect that. In reality, in a right to work state, will they? Who knows. [11]

Can all convictions be set aside?
No. Convictions that cannot be set aside include:

How do I get started with setting my conviction aside?
An application to set aside a conviction can be submitted and granted as soon as you have fulfilled the conditions of your probation or, if there was no probation, then as soon as you have been discharged from prison by the court.

For probation , this means: all fines and fees paid, all restitution paid, any and all classes or community service complete, and a satisfaction of the probation time period that was ordered. [19]

For prison , this means: When you are released from custody IF there is no community supervision (parole). If there is community supervision (parole), then you may not apply to set aside your conviction until the community supervision time is completed as well.

If you meet the above criterion, contact us at Doran Justice to get started today! If you have additional questions, or if you have not fulfilled all your probation obligations, that is okay; call us to set up a free consultation to discuss your case so we can try to assist (602-675-4508). We have helped numerous people get their convictions set aside and their rights restored.

[1] A.R.S. § 13-904(A)

[2] The one exception is that someone can lose their right to possess a firearm under federal law if they are convicted of a misdemeanor domestic violence offense. 18 U.S.C. § 922(g)(9)

[3] Absolute discharge from imprisonment includes parole or community supervision. For example. If you get sentenced to five years in prison but get out after 85% of your sentence (4.25 years), then your rights will not be automatically restored until the 0.75 years on community supervision is complete as well.

[4] A.R.S. 13-912(B)

[5] If the offense was not designated “dangerous” at the time of sentencing, then it is not dangerous.

[6] A.R.S. § 13-905(C) & A.R.S. § 13-906(C)

[7] A.R.S. § 13-906(B)

[8] A.R.S. § 13-907(C)

[9] A.R.S. § 13-907(C)(1)

[10] A.R.S. § 13-907(C)(2)

[11] If you want to help people with past convictions receive a fair chance with employment opportunities, and if you want to assist in their fight to restore their civil rights, visit Ban The Box and sign with your support.

[12] A.R.S. § 13-907(E)(1)

[13] A.R.S. § 13-105(13)

[14] A.R.S. § 13-907(E)(2)

[15] A.R.S. § 13-907(E)(3)

[16] A.R.S. § 13-907(E)(4)

[17] A.R.S. § 13-907(E)(5)

[18] If you think this law sends a message that it is better to drink and drive or to recklessly drive your car than it is to drive excessively fast, you may consider writing your senators: Jeff Flake and John McCain

[19] If you have outstanding fines and fees, you may be able to get them reduced or waived, and still get your conviction set aside if everything else is completed.

*This information is correct and up to date as of the day this article was written.

The post Getting Your Freedom Back appeared first on Doran Justice, PLLC .

Can I Get Charged with a DUI (Driving Under the Influence) if I Wasn’t Even Driving?

Sat, 09 Apr 2016 06:28:00 GMT

By Chris Doran, Esq. | April 8, 2016

To put it simply…yes, yes you can. There are three main elements in all DUI cases in Arizona: 1) Being under the influence of alcohol or drugs, while 2) driving or being in what’s called “actual physical control,” of 3) a motor vehicle.

Let’s start with the third element because it is probably the simplest element to explain and the least contested element in most cases.

What is a motor vehicle?

A motor vehicle is defined as a 1) self-propelled vehicle or 2) a vehicle that is operated on the highway and that is propelled by the use of motor vehicle fuel. [1] Essentially, this means a vehicle that can move on its own without someone having to push it forward, or a vehicle that runs on some type of motor vehicle fuel (e.g. gasoline). The obvious examples are cars, trucks, motorcycles, buses, and vans. Two items that are specifically precluded from this category by statute are motorized wheelchairs and motorized skateboards. What about things like golf carts, quads, dirt bikes, sand rails, tractors, and boats? Yes, these most likely would qualify as motor vehicles under the law. What about a bicycle, a scooter, or a skateboard? No. While it may not be wise to skateboard or ride your bicycle while intoxicated, it most likely will not result in a DUI. Now my mind is really starting to wander…what about my motorized lawn mower? Can I get a DUI while mowing my lawn?!

Technically, these types of lawn mowers are self-propelled. Whether or not a police officer would realistically try to charge you with a DUI for mowing your lawn is a different question. But to be on safe side, it might be best to cut the grass before you decide to pop open a couple of beers.

Speaking of beer, let’s move on to the element of drinking.

What does it mean to be “under the influence” of alcohol or drugs?

If you have lived in Arizona for even a small amount of time, you have probably heard the phrase, “Arizona is a zero tolerance state.” What does this mean? It means that while we always hear that 0.08 is the “legal limit” for blood alcohol concentration (BAC), you can get a DUI if there is ANY amount of alcohol in your system. Why is this? Under Arizona law, there are basically four different categories with respect to misdemeanor DUIs relating to alcohol:

*All of the above types of DUIS are misdemeanors, but they can turn into felonies if any of the following apply: 1) Your driver’s license is suspended at the time; 2) If this is your 3rd DUI in the last seven years; 3) If there is a child under the age of 15 in the vehicle with you; or 4) If you do not have the required ignition interlock installed.

Many people get hung up on the 0.08 BAC number. But, where does that number come from exactly? A.R.S. §28-1381(G). It says, “ i f there was at that time 0.08 or more alcohol concentration in the defendant’s blood, breath or other bodily substance, it may be presumed that the defendant was under the influence of intoxicating liquor. ” This comes into play at a trial. You know how people are “presumed” innocent until proven guilty? This statute changes the rules a little bit. It says that if you have a 0.08 BAC or higher, then a jury does not have to presume that you are innocent, but rather, they can presume that you were under the influence. Along the same lines, if an individual’s BAC is below a 0.05, then the jury can presume that an individual was not under the influence. And, if the BAC is between a 0.05 and a 0.08, then there is no presumption one way or the other. A presumption is basically just a starting point. These numbers only affect the jury’s starting point at a trial, but it is important to understand that in Arizona, any of the above categories can lead to a DUI conviction.

Okay, we have covered what a motor vehicle is and what it means to be intoxicated…let’s talk about actual physical control.

What does it mean to be in “actual physical control”?

The DUI statutes says driving OR actual physical control of a motor vehicle. This is the reason individuals can be charged and convicted of a DUI without driving. Actual physical control (APC) is not defined in the statutory code; rather, its definition comes from court opinions in previous cases. In determining actual physical control, the courts have determined that we are supposed to look at the “totality of the circumstances” to determine whether or not a person’s current or imminent control of the vehicle presented a real danger to himself/herself or others. There is no hard and fast rule as to what qualifies as actual physical control, and the analysis will vary on a case by case basis, but some factors to consider are:

If you have been arrested for a DUI for being in actual physical control of your vehicle, it is in your best interest to hire a lawyer who is experienced in this area. You will need an attorney who is well-spoken, persuasive, and confident when advocating for your position to a prosecutor, a judge, or a jury.

Chris Doran recently took an aggravated DUI case (4 counts) to trial where the only issue was whether or not the individual was in actual physical control of a motorcycle. The day before trial, the judge told our client, “I have seen 26 of these cases go to trial, and all 26 have resulted in guilty convictions.” We are proud to say that our client was not number 27, he was number 1! The first defendant to be found not guilty for these types of felony DUI charges in front of that judge. [3] As I mentioned above, every case is different. This outcome does not happen in all cases. No lawyer can guarantee or promise you a certain outcome in your case, but I can guarantee you that Doran Justice will zealously represent you to get the best possible result in your case. Doran Justice offers affordable prices and extremely competitive prices for these types of cases because we believe that individuals should not have to be rich in order to receive great representation.

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[1] Arizona Revised Statute §28-101(35)
[2] Revised Arizona Jury Instructions (RAJI) and State v. Zaragoza , 221 Ariz. 49, 209 P.3d. 629 (2009)
[3] CR2015-000328-001 State v. Christopher Albaugh

*This information is correct and up to date as of the day this article was written.

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