Question 1

What should I do if I'm arrested in Arizona?

Accepted Answer

Remain silent, ask for a lawyer, and do not consent to any search or interview. Then call Your Phoenix Attorney at 623-335-4014. Anything you say to police can — and will — be used against you. The single most important thing you can do is preserve your right to silence and your right to counsel.

Question 2

How much does a criminal defense attorney cost in Arizona?

Accepted Answer

Fees depend on the charge, complexity, and whether the case goes to trial. Misdemeanors are typically priced as a flat fee. Felonies and federal cases are billed by phase. Your Phoenix Attorney offers transparent fees, free consultations, and payment plans.

Question 3

Do you offer payment plans?

Accepted Answer

Yes. We offer structured payment plans on most cases so quality criminal defense is accessible regardless of your financial situation.

Question 4

Do you offer free consultations?

Accepted Answer

Yes. Every consultation is free and confidential. Call 623-335-4014 any hour to speak with an Arizona criminal defense attorney.

Question 5

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

Accepted Answer

Arizona misdemeanors (Classes 1–3) are punishable by up to 6 months in jail. Felonies (Classes 1–6) carry a year or more in state prison, with Class 1 felonies (first- and second-degree murder) carrying life or death. Felonies also bring lifelong collateral consequences — loss of voting rights, firearm rights, and employment opportunities.

Question 6

What is Arizona Rule 32/33 post-conviction relief?

Accepted Answer

Rule 32 (for pleas) and Rule 33 (for trial convictions) of the Arizona Rules of Criminal Procedure allow you to challenge a conviction after appeals are exhausted — based on newly discovered evidence, ineffective assistance of counsel, illegal sentence, or constitutional violations.

Question 7

How do I get my marijuana conviction expunged under Prop 207?

Accepted Answer

Arizona voters passed Proposition 207 in 2020, allowing expungement of marijuana convictions for possession of 2.5 ounces or less, possession of paraphernalia, or cultivation of 6 plants or fewer. You file a petition in the convicting court. We handle the entire process — see our marijuana expungement page.

Question 8

What is a 'set-aside' in Arizona and how is it different from expungement?

Accepted Answer

A set-aside under ARS §13-905 sets aside the conviction and dismisses the charge but the record still exists. True expungement under Prop 207 erases the marijuana record. Most other Arizona convictions are eligible for set-aside, not expungement.

Question 9

How does a parole hearing work in Arizona?

Accepted Answer

The Arizona Board of Executive Clemency holds hearings for inmates serving older 'flat-time' sentences and those eligible for commutation. Preparation includes documentary evidence, witness statements, a release plan, and oral advocacy. See our parole hearings page.

Question 10

Can a federal criminal case be defended by a state attorney?

Accepted Answer

Only if the attorney is admitted to practice before the U.S. District Court for the District of Arizona. Federal criminal practice involves different rules (Federal Rules of Criminal Procedure), different sentencing (the U.S. Sentencing Guidelines), and a different prosecutor (the U.S. Attorney's Office). Make sure your attorney is federally admitted.

Question 11

What is the statute of limitations on Arizona criminal charges?

Accepted Answer

Arizona has no statute of limitations for Class 1 felonies (murder, certain sex offenses). For most other felonies, the State must charge within 7 years. Misdemeanors have a 1-year limitation period.

Question 12

Do I need a lawyer for a DUI in Arizona?

Accepted Answer

Yes. Arizona has the toughest DUI laws in the United States, with mandatory jail time on a first offense, mandatory ignition interlock, and significant collateral consequences. A DUI attorney can challenge the stop, the breath/blood test, and the calibration of testing equipment.

Question 13

¿Hablan español?

Accepted Answer

Sí. Ofrecemos representación legal completa en español. Llame al 623-335-4014 y pida hablar con alguien en español.

Arizona Criminal Defense FAQ

Common Questions

Charged with a crime in Arizona? Get a free consultation today.