We handle all types of cases from serious felonies (including first degree murder to misdemeanor offenses such as D.U.I. and domestic violence).

We represent clients on State and Federal charges and we can handle cases in all courts including Federal, State, City and Justice Courts in Arizona.

We specifically handle the following criminal cases and you can click on each of case type to obtain details or a definition:

PART ONE

1. First Degree Murder  13-1105

In Arizona, First Degree Murder is the most serious offense and can be committed two ways. First, with premeditated intent or knowledge a person's conduct causes the death of another person you could be guilty of this crime. Second, this murder classification is also applicable when a homicide results from one committing certain dangerous felonies, or death to a law enforcement officer who is in the line of duty. This is sometimes called "Felony Murder". First Degree Murder is a Class 1 Felony and is punishable by life imprisonment without parole for 25 years or the death penalty.

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2. Second Degree Murder  13-1104

Unlike First Degree Murder, premeditated intent is not necessary to commit Second Degree Murder. Intending or knowing that ones conduct will cause death or an extreme indifference to human life by creating a grave risk, could result in Second Degree Murder. Second Degree Murder is a Class 1 Felony and if convicted, you could face a minimum sentence of ten years up to twenty-two years imprisonment. It is also possible to be charged with Second Degree Murder in a D.U.I. alcohol-related accident that involves death by showing extreme indifference to human life.

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3. Manslaughter  13-1103

In Arizona, Manslaughter occurs if you recklessly cause the death of another; intentionally or knowingly commit murder in the heat of passion from provocation by the alleged victim; aiding another to commit suicide; or knowingly or recklessly causing the death of an unborn child by physical injury to the mother. In Arizona, Manslaughter is a Class 3 Felony and the sentencing range depends on a number of factors such as your prior criminal history and whether or not the offense was committed with a deadly weapon or dangerous instrument. Many D.U.I. accidents resulting in death are charged as Manslaughter, and Phillips & Associates has substantial experience representing clients in these types of cases.

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4. Vehicular Manslaughter  13-1103

In Arizona, you will be simply indicted for Manslaughter if you are driving a vehicle and you are suspected to be under the influence of alcohol or drugs and an accident occurs that results in someone's death. Here you must recklessly cause the death of another person. Some people feel they did not commit a crime because it was an "accident". Generally the State prosecutors do not believe an accident is a defense. They believe the "accident" may have been avoided if you were not under the influence.

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5. Negligent Homicide (Vehicular)  13-1102

A person is indicted for Negligent Homicide if that person causes the death of another person, if that person acts intentionally, knowingly or recklessly. Negligent Homicide is a Class 4 Felony punishable by a minimum prison term of 4 years and a maximum of sixteen years if you have prior dangerous felony convictions.

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6. Aggravated Assault  13-1204

Aggravated Assault is a common offense that can occur a number of ways, including causing serious physically injury to another, use of a deadly weapon or dangerous instrument, entering the home of another with the intent to cause physically injury, or have reason to know that the person you are threatening or intimidating is a peace officer, fire fighter, school teacher or health practitioner. The exhibition of a deadly weapon or dangerous weapon may qualify as an aggravated assault. Many Aggravated Assaults are very serious, such as Assault with a Deadly Weapon or Dangerous Instrument or Assault that causes physical injury. In these cases, Aggravated Assault is a Class 3 Felony. If convicted of a first offense in these cases, you will face a mandatory minimum prison sentence of five years with no option of probation. There are also several less serious types of Aggravated Assault.

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7. Assault  13-1203

The crime of assault in Arizona is committed under three different scenarios:

1. Intentionally, knowingly, or recklessly causing a physical injury to another person is a Class 1 Misdemeanor.
2. Intentionally placing another person in reasonable apprehension of imminent physical injury is a Class 2 Misdemeanor. One can be found indicted for assault even if there is no physical injury to another person.
3. Knowingly touching another person with the intent to injure, insult or provoke is a Class 3 Misdemeanor.

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8. Dangerous Offensive 13-604

In Arizona, sentencing is determined by whether you are convicted for a dangerous or non-dangerous felony. A Dangerous Offense results from serious physical injury or involves the discharge, use or simply the exhibition of a deadly weapon or dangerous instrument. If the offense is proven dangerous, you face a mandatory sentence of imprisonment.

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9. Fraudulent Schemes 13-2310

This is often used on larger White Collar Crime cases and our attorneys have the experience to help you. If one obtains a benefit by false pretenses, representations, promises, or material omissions, that person is guilty of a Class 2 Felony. Probation may be available for a first offense, depending on whether or not you are also charged with theft and the amount of the loss.

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10. Sexual Offenses  13-1420

We frequently represent clients charged with sex offenses. In Arizona if you are charged with a violation of a sexual offense, the Court may admit evidence that you committed past sexual offense acts. Such an evidentiary tool used by the prosecutor is relevant for conviction and sentencing purposes.

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11. Kidnapping  13-1304

Kidnapping in Arizona can occur under a number of situations. A person commits kidnapping by knowing restraining another person with the intent to:

1. Hold the victim for ransom, as a shield, or hostage; or
2. Hold the victim for involuntary servitude; or
3. Inflict death, physical injury or a sexual offense on the victim, or to aid in another felony; or
4. Place the victim or a third person in reasonable apprehension of imminent physical injury; or
5. Interfere with a government or political function; or
6. Seize or control any airplane, train, bus, ship or other vehicle.

Kidnapping is a Class 2 Felony unless the victim is released voluntarily by the defendant without physical injury in a safe place.

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12. D.U.I & D.W.I  28-1381

Please see our D.U.I. / D.W.I. section in this website.

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13. Aggravated D.U.I  28-1383

Driving under the influence or under the extreme influence of intoxicating liquor can become an Aggravated D.U.I when that person is driving on a suspended or revoked license, or as a third D.U.I offense within 60 months or when a person under fifteen years of age is in the vehicle of the person driving under the influence of intoxicating liquor or drugs. If convicted of this offense, one is subject to a Class 4 or Class 6 Felony. Please see our D.U.I. / D.W.I. section for more information.

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14. Arson  13-1703/1704

The class of crime for arson depends on the factors of whether the structure damaged was occupied or not by people and the dollar amount of the value of the property destroyed. A person commits arson by knowingly damaging a structure or property by causing a fire or explosion. If you are indicted for arson of an occupied structure, you will be charged with a Class 2 Felony. If arson is committed to a structure or property where persons are not likely to be present or dangerously close to the scene of the fire, then the value of the property is relevant to determine the range of the violation from a Class 4 Felony to a Class 1 Misdemeanor.

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15. Burglary  13-1506/1507/1508

In Arizona, there are three different degrees of burglary classifications. Burglary in the third degree is a Class 4 Felony and occurs when one enters or remains unlawfully in a non-residential structure or in a fenced commercial or residential yard with the intent to commit any theft or any other felony crime. Second degree burglary is a Class 3 Felony when one intends to commit theft or any other felony in a residential structure. If you or your accomplice commits burglary when possession of a deadly weapon, a dangerous instrument or explosives, then you face a Class 2 Felony if the burglary was committed in a residence.

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16. Bribery  13-2602/2605

The Arizona Criminal Code classifies bribery as Bribery of a Public Servant when one confers a benefit upon a government employee with the intent to influence that public servant's vote or judgment. The public servant is also indicted for bribery if he in fact solicits, accepts or agrees to accept the benefit. Bribery of a government employee is a Class 4 Felony. In the private sphere, one commits Commercial Bribery if a person confers a benefit on another person's employee with the intent that such benefit will influence the conduct of the employee in relation to the employer's commercial affairs and the conduct causes economic lost to the employer. If this occurs and the employee accepts the benefit, the employee may also be charged with Commercial Bribery. Commercial bribery ranges from a Class 5 Felony to a Class 1 Misdemeanor, depending on the value of the benefit conferred.

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17. Criminal Trespassing  13-1502/1503/1504

In Arizona, there are three different classifications of Criminal Trespass, which one may be charged with. As with burglary, the location of the trespass decides the degree classification. Criminal Trespassing in the third degree is a Class 3 Misdemeanor when you enter or remain unlawfully after a reasonable request to leave by the person in lawful control of the property. Criminal Trespass in the second degree is a Class 2 misdemeanor when you enter or remain unlawfully in a non-residential structure or fenced commercial yard. Criminal Trespass in the first degree form the basis of a Class 6 Felony if one desecrates a religious symbol or religious structure, such as a church. Criminal Trespass may be a Class 1 Misdemeanor if you enter a residential yard looking into a residence which infringes on the inhabitant's right of privacy.

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18. Criminal Damage  13-1602

If you deface, damage or tamper with property of another person, such as graffiti, you will be indicted for criminal damage. If the damage to property is ten thousand dollars or more, then the crime is classified as a Class 4 Felony with the felony classification status being reduced depending on the amount of damage. Criminal Damage is a Class 2 misdemeanor when the damage is less than two hundred and fifty dollars.

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19. Domestic Violence 13-3601

Charges of assault, criminal trespass, custodial interference or harassment, among other crimes, may cause an arrest for domestic violence if the defendant and alleged victim have a famial relationship or resided in the same household. If you commit a crime upon your partner, spouse or former spouse, you may be charged with domestic violence. An arresting officer only needs to find probable cause to arrest you for this offense. If the defendant is found guilt of an offense included in a domestic violence and that offense is otherwise probation eligible, the court may offer the defendant probation or intensive probation, which ranges from an imposition of a fine, incarceration in a county jail, payment of restitution and completion of a domestic violence offender treatment program.

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20. Forgery  13-2002

Forgery occurs when one intentionally makes or alters a document or check, knowingly possesses the forged written instrument or intentionally offers or presents a forged instrument, or one that contains false information. Forgery is a Class 4 Felony.

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21. False Statements to Law Officers  13-2907.01

It is unlawful for a person to knowingly make to a law enforcement agency of either this State or a political subdivision of this State, a false, fraudulent or unfounded report or statement or knowingly misrepresents a fact for the purpose of interfering with law enforcement. This is a Class 1 Misdemeanor and you have a right to a jury trial.

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22. Stalking  13-2923

When you maintain a course of conduct toward a specific person by staying in visual or physical proximity to that person or when you direct threats to a person on at least two occasions, you may be charged with stalking. If the victim reasonably fears his safety or that of his immediate family member, then you can be charged with a Class 5 Felony.

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23. Drug Possession Offenses  13-3401 et. seq.

In Arizona, it is a felony to possess or use of marijuana and other dangerous drugs. The seriousness of the offense depends on the quantity of the drug. Under ¿13-3405, if you are charged with possession or use of marijuana, you will be charged with a Class 6 Felony if less than two pounds are found in your possession. The offense becomes a more serious as the amount of marijuana found in your possession increases. For example, 2-4 pounds is a Class 5 Felony. Conviction of possession or use of marijuana includes fines. Probation is available for this offense. Probation terms will include that you can not use marijuana or any other narcotic drug or drink alcohol, community service and a minimum of an 8-hour class on the instruction of the harmful effects of drugs and marijuana. Violation of ¿ 13-3407 for possession or use of a dangerous drug or violation of ¿ 13-3408 for possession or use of a narcotic drug are normally Class 4 Felonies. However, probation may be available in Arizona for possession or use of these controlled substances for a first or second possession or use charge. In Arizona, you have a right to a jury trial on all drug cases.

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24. Drug Sale Offense  13-3401 et. seq.

The Arizona Criminal Code and our courts distinguish between possession and possession for sale when it comes to drugs like marijuana, dangerous drugs or narcotic drugs. The Criminal Code provides for statutory threshold amounts that determine punishment. For example, 2 pounds of marijuana; 9 grams of cocaine; or 9 grams of methamphetamine, you will be sentenced to a mandatory prison term and may not be probation eligible. Whether you are charged with possession or possession for sale, may depend on the quantity of the drug, but also other indictia found by law enforcement in your possession or control such as a large quantity of cash, ledgers, scales, drugs paraphernalia and/or surveillance equipment. Your own statements or admissions may also be grounds for increased charges.

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25. Resisting Arrest  13-2508

You will be charged with Resisting Arrest if you are intentionally preventing or attempting to prevent law enforcement from effecting an arrest by using or threatening physical force against the officer or another, or your conduct creates a substantial risk of causing physical injury to the officer or another. Resisting Arrest is a Class 6 Felony.

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26. Robbery  13-1902

Robbery is designated a Class 4 Felony, and occurs if a person in the course of committing a theft or preventing a person from lawful possession from obtaining the property, you threaten or use force against that person to secure the property of another.

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27. Aggravated Robbery  13-1903

Aggravated Robbery occurs if you commit the robbery with the aid of at least one accomplice. Then the offense becomes a Class 3 Felony.

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28. Armed Robbery  13-1904

A person commits armed robbery by committing robbery while you or your accomplice are:

1. Armed with a deadly weapon or simulated deadly weapon; or
2. Threatens to use a deadly weapon or dangerous instrument or simulated dangerous weapon.

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29. Shoplifting 13-1805

You may be charged with shoplifting by removing goods from the merchants place of business without paying for the items, by charging the purchase price of the goods to a fictitious person or any person without that person's authority or by altering the price tag of the good to pay less than the purchase price. If you are found in the merchant's establishment with concealed goods, that merchant may detain you on the premises for questioning or summoning of law enforcement. The classification of the crime for shoplifting depends on the value of the property at issue and ranges from a Class 5 Felony to a Class 1Misdemeanor. Further if you have repeated the crime of shoplifting or any other theft offense in the course of 5 years, you may be charged with a Class 4 Felony.

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Olin R. Hale, Attorney at Law, knows the importance of fighting a criminal complaint before charges are filed and the case goes to court.

We can also assist you with any other crime charge or investigation, state or federal, whether or not you are arrested yet.

While there is never a good time to be arrested, cited or investigated, we are available to help you now.

PART TWO

31. Issuing Bad Checks  13-1807

You will be charged with this crime if you issue or pass a check knowing that there is not sufficient funds to cover the value of the check. It is presumed that you have such knowledge of insufficient funds when the account the check was written from was closed at the time the check was issued or passed or once notified the check was not honored upon presentation, you failed to pay the holder the full amount due on the check within 12 days after receiving notice of that refusal. There are statutory defenses to this crime, which is treated as a Class 1 Misdemeanor.

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32. Misconduct Involving Weapons  13-3102

Misconduct Involving Weapons occurs by carrying a concealed deadly weapon on your person or with you in your vehicle without a permit. You can also be charged with this crime by manufacturing, transporting, or selling prohibited weapons, possessing a deadly weapon on school grounds, or when supplying a firearm to another person, when you have reason to know that they would use that firearm for the commission of a felonious crime. Depending on the type of misconduct involving weapons, you may be charged with a Class 3 Felony or a less serous crime.

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33. Money Laundering  13-2317

Money Laundering occurs when you know or should know that you are holding, transporting, or concealing proceeds of a criminal offensive, otherwise racketeering. Money Laundering is a Class 3 Felony, which would increase to a Class 2 Felony if you are found to be in the "business" of Money Laundering.

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34. Extortion  13-1804

When you threaten physical injury to property or person or to falsely accuse anyone of a crime or to expose a secret to knowingly obtain property or services you could be indicted with the crime of theft by extortion. Affirmative defenses are available for this crime, but if convicted, the crime is a Class 4 Felony. If a deadly weapon or dangerous instrument was used for the threat, then the crime raises to a Class 2 Felony.

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35. Extradition Cases  13-3841 et. seq.

Arizona has adopted the Uniform Criminal Extradition Act of which most of the United States and United State Territories have also adopted. In order to be extradited to another state for a crime committed in that state, there is a formal process, including the issue of an arrest warrant. A person to be extradited to another state may be subject to confinement until the extradition takes place and under certain scenarios may be eligible for bail issued by a judge or magistrate of this state. Further, if one is extradited back to Arizona, he may be tried in this state for other crimes which he may have been charged with having committed here, in addition to the crime issued for the requisition for his extradition. If you are arrested in Arizona under a warrant from another state, you have a right to a hearing to determine whether or not you are the correct person wanted in the other state. Identity is the issue.

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36. Pandering  13-3209

Pandering occurs by placing, compelling , inducing or encouraging a person for purposes of prostitution or to lead a life of prostitution. Pandering is a Class 5 Felony.

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37. Perjury  13-2702

The offense of Perjury results when a person makes a false sworn statement, believing it to be false or when under the penalty of perjury renders a false and sworn statement regarding a material issue believing to be false. Perjury is a Class 4 Felony.

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38. Probation Violations Criminal Procedure Rule 27.9

The sentencing court may impose conditions for probation for those probation eligible offenses and your probation officer may also implement other conditions of probation. If you do not follow or if you violate the conditions and regulations of probation the probation officer or the prosecutor may go back to petition the sentencing court to revoke probation. At that point the sentencing court may issue a summons directing you to appear on a specified date or may issue a warrant for your arrest. If the probationer admits to the violation, or after evidentiary hearing there exist a preponderance of evidence of a violation of probation, the sentencing court may revoke your probation and impose additional probation conditions, jail time, or may even reinstate the original prison sentence for the class of crime originally charged. Examples might be, failing to take or testing positive for random alcohol and drug urinalysis tests when use of alcohol or drugs is prohibited or by failing to attend required treatment programs. You are not eligible to be bonded out of jail while waiting for your probation violation hearing. Usually, you can get your probation reinstated if there is no new crimes and it is your first probation violation.

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39. Racketeering  13-2301/13-2312

Racketeering is an act that is chargeable or indictable under the laws of this state or under the state in which the act occurred and is committed for financial again. Illegally controlling or conducting an enterprise through racketeering is generally a Class 3 Felony. Upon conviction of a racketeering offense, the Superior Court may in addition to any criminal sentence, impose civil remedies, including payment of treble damages or ordering the person convicted to divest himself of any interest resulting from the enterprise.

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40. Sexual Assault  13-1406

Sexual Assault occurs if you intentionally or knowingly engaged in sexual intercourse or oral sexual conduct with any person, without consent of that person. The conviction for Sexual Assault carries a mandatory minimum sentence of 5.25 years to a maximum of 14 years for a first offense. Two or more historical priors for sexual assault carries a maximum sentence of 28 years.

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41. Sexual Conduct with a Minor  13-1405

A person commits sexual conduct with a minor by intentionally or knowingly engaging in sexual intercourse or oral sexual contact with any person that is under 18 years of age. It is a more serious offense, Class 2 Felony, if the sexual conduct is with a minor, who is under 15 years of age. Sexual conduct with a minor who is at least 15 years of age is a Class 6 Felony. Sexual conduct with a minor under 15 years of age is a statutory dangerous crime against children and depending upon the circumstances you may be subject to life imprisonment, without the eligibility for suspension of sentence, probation or release of confinement until 35 years of the sentence has been served. If convicted, a person is not eligible for suspension of sentence, probation or release of confinement until the sentenced has been served or commuted.

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42. Molestation of a Child  13-1410

Molestation of a Child occurs when a person intentionally or knowingly engaging in or causing a person to engage in sexual contact with a child under 15 years of age. Molestation of a Child is a Class 2 Felony. Molestation of a child is a Adangerous crime against children.

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43. Sexual Abuse  13-1404

A person commits sexual abuse if the person intentionally or knowingly engaged in sexual conduct with any person without the consent of that person or with any person who is under 15 years of age, even if the sexual contact involves only the female breast. Sexual abuse is a Class 5 Felony, unless the victim is under 15 years of age and then the crime is treated as a dangerous crime against children and a Class 3 Felony.

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44. Public Sexual Indecency  13-1403

You may be charged with public sexual indecency by intentionally or knowingly, in the presence of another person engaging in an act of sexual contact, oral sexual contact, sexual intercourse, or the contact between the person and animal. If the person present would reasonably be offended or alarmed by the act, then you may be charged with this crime. If the witness is a minor under the age of 15 years during any of these acts, the crime is charged as a Class 5 Felony rather than a Class 1 Misdemeanor.

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45. Child Abuse  13-3623

There are many different types of child abuse and it is also a crime under this section to abuse vulnerable adults. Any person who abuses a child or vulnerable adults, under circumstances likely to cause death or serious physical injury, and causes them to suffer physical injury or causes them to be placed in a situation, is guilty of the following offense:

1. 1. If done intentionally, a Class 2 Felony if the victim is under age 15;
2. 2. If done recklessly, the offense is a Class 3 Felony;
3. 3. If done with criminal negligence, the offense is a Class 4 Felony.

If the circumstances are not likely in the abuse to cause death or other serious physical injury but the victim suffers some injury, the offense is classified as follows:

1. 1. If done intentionally, Class 4 Felony;
2. 2. If done recklessly, Class 5 Felony;
3. 3. If done with criminal negligence, Class 6 Felony.

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46. White Collar Crimes  13-2201 et. seq.

In Arizona, "White Collar Crimes" are typically business and commercial frauds such as a fraudulent scheme to obtain money, defrauding secured creditors, in judgment creditors, fraud and receiving deposits in insolvent financial institution.

Theft is the most common White Collar Crime. Defrauding of creditors occurs when a person secretes, assigns, conveys, conceals or destroys property from being subjected to payment for a judgment or security interest with the intent to do so.

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47. Environmental Crimes  13-1603

Criminal littering or polluting occurs when one unlawfully permits to be dumped any liter, destructive or injurious material, which he does not immediately remove, discharges or permits to be discharged any sewage, oil products, or other harmful substances into any water, or on to any shorelines or dumps earth, soils, stones, ores, or minerals on any land, the weight or volume of liter or prohibited material or substance controls the designation of these offense from a Class 2 misdemeanor up to the range of a Class 6 Felony.

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48. Failure to Register as a Sex Offender  13-3824

A person convicted of a sexual offense or kidnapping of a minor, whether in Arizona or elsewhere, shall register with the Sheriff of the county where the offender is located and has a duty to inform the sheriff's office of change of address and change of name immediately. A person who is subject to registration as a sex offender and who fails to comply with the registration requirements, is charged with a Class 4 Felony.

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49. Computer Crimes  13-2316/2316.02

Computer tampering occurs when a person acts without authority accesses, alters, damage, or destroys any computer, system or network with the intent devise a scheme to defraud or deceive, or to control property or services by means of false pretenses, representations or promises. One may be charged with computer tampering by knowingly deleting computer programs or data or introducing contaminate into a computer system. One may be charged under ' 13-2316 for recklessly using a computer or system for a scheme directed to another person to threaten to terrorize that person. Computer tampering ranges from a Class 6 up to a Class 3 Felony and may also involve an order divesting the defendant of the computer system that was used in the commission of the offense. Under ' 13-2316.02 one may be charged with unauthorized release of confidential computer security information without the authorization of its owner or operator. Certain defenses apply. However, if convicted, a violation is generally a Class 6 Felony.

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50. Orders of Protection  13-3602

Orders of Protection are issued as a civil action by a magistrate, justice of the peace or superior court judge for the purpose of restraining a person from committing an act included in domestic violence. The order is issued ex-parte (without notice to the defendant) and once served is effective against the defendant. The defendant is entitled to a civil hearing on the order of protection within 10 days of a request for hearing or 5 days if the court in the order awarded exclusive use of the residence to the plaintiff. Generally, the order of protection restrains the defendant from contacting the plaintiff or other specifically designated persons from coming near the residence, place of employment or school of the plaintiff, on a showing that there is reasonable cause to believe that physical harm may otherwise result. If after the hearing the order of protection is upheld and the defendant violates the order of protection, the criminal element comes into play and the defendant, for disobeying the order, may be arrested and prosecuted for the crime of interfering with judicial proceedings and any other underlying domestic violence crime committed. An order of protection is good for one year. After an arrest for violation of the order of protection, a prosecuting agency has the option to take further legal process which may include an appearance bond and conditions, including the participation in a domestic violence counseling program and/or management course.

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Olin R. Hale, Attorney at Law, knows the importance of fighting a criminal complaint before charges are filed and the case goes to court.

We can also assist you with any other crime charge or investigation, state or federal, whether or not you are arrested yet.

While there is never a good time to be arrested, cited or investigated, we are available to help you now.

PART THREE

51. Juvenile Hearings: Rules of Procedure for the Juvenile Court

Our courts in Arizona provide separate rules of procedure for the persons under the age of 18 years old, arrested or subject to petition to delinquency, dependency incorrigibility and diversion. A juvenile shall only be detained if there is probable cause to believe that the juvenile committed the act alleged in the petition. There is priority in scheduling juvenile cases and the hearings are not public in nature. The disposition of a juvenile criminal matter is treated different in punishment than its counter-part for an adult crime. Appeals from the juvenile court are made to the Court of Appeals. Special appellate rules for juvenile case appeals also apply.

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52. Driving on a Suspended License  28-3473

This is a more serious charge, which occurs if your license is suspended or revoked as the result of a D.U.I. offense. This offense has a minimum mandatory jail term of two days, which must be served as 48 hours consecutive with no work release. Again, probation, fine and up to six months in jail could be the maximum.

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53. Professional Licenses Defense  13-904

We can defend your professional license against suspension. Liquor license defense is common. We can also assist with legal or medical ethics defense or in many other professions. Please call to obtain more information.

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54. Restitution  13-804

Upon a conviction of a criminal offense causing economic loss to any person, the court, in its discretion may order all or a portion of a fine imposed to be allocated as restitution or to pay restitution independent of the fine, to the person who suffered the economic loss caused by the criminal conduct. The court is not authorized to consider the economic circumstances of the defendant in determining the amount of restitution but has discretion in ordering the manner of the payment. If the probation officer or court has reason to believe that the court ordered restitution is not being made, such information shall be reported to the court and the court may revoke the defendant's probation, parole or community supervision.

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55. Restoration of Rights  13-905

A conviction for a felony suspends the right to vote, the right to hold public office, the right to serve as a juror, and during any period of imprisonment, any other civil right, which is necessary for the security and protection of the public. Conviction also suspends the right to possess a gun or firearm, however, generally a person whose period of probation has been completed may have his civil rights restored by a judge upon proper application. There may be further restrictions on the right to possess or carry a gun or firearm. Olin R. Hale can file a petition requesting that the court restore your civil rights so that you can again vote and carry a gun.

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56. Setting Aside Convictions  13-907

This statute allows a court to set aside a judgment of a convicted person on discharge. Every person convicted of a criminal offense may, upon fulfillment of the conditions of probation or sentence and discharge by the court, apply to the judge, justice of the peace or magistrate who pronounced sentence or imposed probation or such judge's successor, to have the judgment set aside. Application must be made in writing by an attorney, probation officer or the defendant. If the judge grants the application, the court shall set aside the judgment of guilt, dismiss the accusations, except for penalties imposed by  28-3304, 28-3306,  28-3307, and 28-3308.

The following criminal offenses may not be set aside; any offense:

1. Involving serious physical injury;
2. Involving use or exhibition of a deadly weapon or dangerous instrument;
3. Sexual offense;
4. If the victim is a miner under age 15;
5. A violation of  28-3473, any local ordinance related to operation of a vehicle, except, 28-693.

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57. Preparatory Offenses ¿ 13-1001, ¿ 13-1003

It is a crime to "attempt" to commit a crime. It is also a crime to "conspire" with others or plan to commit a crime. Usually, indictments for attempt or conspiracy are related to high profile serous cases such as conspiracy to commit a murder.

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58. Custodial Interference ¿13-1302

You can be charged with this Felony if you have reason to know that without legal right, you keep a child from the lawful custody of another. This may occur even if you are a parent of the child, if you didn't have an appropriate custody or visitation order at that time. Custodial Interference may range from a Class 1 misdemeanor if you return the child without injury prior to arrest up a class 6 Felony or could result in a charge of kidnapping or unlawful imprisonment. Either way, we are experienced in handling these types of cases and we can help you.

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59. Unlawful Imprisonment  13-1303

It is unlawful to knowingly restrain another person unless otherwise allowed by law. A violation of this statute is a Class 6 Felony unless the victim is released without physical injury to a safe place prior to arrest then the offense is a Class 1 Misdemeanor.

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60. Search Warrant Challenges

The Fourth Amendment of the United States Constitution protects citizens from unreasonable searches and seizures of their property. If the government violates your rights, we can file motions to challenge the search and the admissibility of the evidence.

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61. Motion for Bail Reduction

We can file a Motion to Reduce your Bail Bond while you are waiting for trial. We need to know information about your ties to the State of Arizona to show that you will not flee the State. We will aggressively pursue your release.

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62. Motion for O.R. Release

This Motion can be filed in an attempt to get someone released from jail while trial is pending. Sometimes, the court set an unreasonable bond amount and we can try to reduce it. Perhaps there was a mistake of fact that lead to a high bond or now there is a change in circumstances that would allow a lower bond amount.

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63. Trials & Appeals

We handle all types of criminal cases in Arizona, including all types of trials and appeals.

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64. Post Conviction Relief

There are several types of Post Conviction assistance. The most common are (1) appeals; (2) motions to modify sentence or terms of probation; (3) Rule 32 Petitions. At Phillips & Associates, we can help. We offer a free consultation to determine whether or not we can assist in your case.

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65. Rule 32 Petitions

If someone is serving time in prison, a Rule 32 Petition may be filed in an attempt to win early release, or dismissal of the case. Grounds to file a Rule 32 include the following:

1. The conviction or sentence is in violation of the Constitution of the United States or the State of Arizona.
2. The Court was without jurisdiction to render judgment or impose sentence.
3. The sentence imposed exceeds the maximum allowed by law.
4. The person is held in custody after the sentence expired.
5. Newly discovered material facts probably exist and such facts probably would have changed the verdict or sentence.
6. Defendant failed to appeal and it was not the fault of the defendant.
7. There has been a significant change of law that if determined to supply to defendant's case would probably overturn the defendant's conviction or sentence.

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66. Forfeiture Cases

There are several circumstances that could lead to asset forfeiture and at Phillips & Associates, we can help you. The State has the right to seize property, like an automobile, if they find drugs in the car. An aggravated D.U.I. conviction could also lead to a vehicle forfeiture case. Forfeiture cases are civil and they are against the property.

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67. Pre-Filing Assistance

(A) Pre-File Investigation - Client is contacted by a law enforcement agency, however, charges have not actually been filed.

(B) Goals of a Pre-File Investigation:

1. Prevent filing.
2. Reduce charges from felony to a misdemeanor.
3. Divert allegations into an informal resolution.
4. Ease clients concerns about the case.
5. Keep clients apprised of legal rights.
6. Assist with surrender and avoid arrest.

(C) Ways to prevent charges from being filed:

1. Bolster client's credibility.

(A) Private polygraph -- if the results are favorable, then they will be shared.

(B) Reference letters from community leaders, religious leaders, teachers, friends, etc.

2. Attack complaint credibility of the victim.

(A) Use other witnesses to question the reputation and truth of the victim.

(B) Unsubstantiated allegations against others made by the victim.

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