These are the questions we field most often in a first phone call. The answers here are general. Your situation may turn on facts that change them.
Do I Have To Talk To The Police?
No. If you are lawfully detained on reasonable suspicion of a crime and an officer advises you that refusing is unlawful, Arizona requires you to state your true full name. The same statute says you cannot be compelled to answer any other question.
Say two things and stop. I am going to remain silent. I want a lawyer. Our guide to talking with officers explains why explaining almost never helps.
The Police Never Read Me My Rights. Is My Case Dismissed?
No, and this is the most common misunderstanding in criminal law.
Miranda applies only when custody and questioning happen together, and the remedy for a violation is suppression of the statement rather than dismissal of the charges. Ernesto Miranda himself was retried without his confession and convicted again. Details are in our guide to how Miranda works.
Do I Have To Let Police Search My Car?
No. An officer asking for consent is telling you they do not have grounds to search without it.
Decline clearly and once. Do not physically interfere. Whether the search was lawful is a question for a courtroom, and our guide to police searches covers the exceptions that apply.
How Long Can They Hold Me Before I See A Judge?
Twenty four hours. If your initial appearance does not occur within 24 hours of arrest, you must be released from custody.
Will I Get Bail?
Usually. Arizona starts from the presumption of release, and courts are directed to impose the least onerous conditions that reasonably assure your appearance and community safety.
A small set of charges are non bailable, and the State can move for detention on any felony by showing dangerousness by clear and convincing evidence. Our guide to release conditions covers both.
Can I Be Denied Bail Because Of My Immigration Status?
No. Arizona voters passed a measure in 2006 barring bail for certain felony charges based on unlawful presence, and the Ninth Circuit struck it down in 2014. Immigration status is not a lawful basis to deny bail.
An immigration detainer can still keep someone in custody after a state release order, which is a separate problem.
What Is The Difference Between A Misdemeanor And A Felony?
A misdemeanor can mean county jail, capped at six months. A felony can mean state prison, measured in years.
Arizona uses three misdemeanor classes and six felony classes. Our guide to charge classifications breaks down the penalties for each.
Can A Felony Ever Become A Misdemeanor?
Sometimes, and this is one of the most valuable outcomes in Arizona practice.
For a class 6 felony that is not a dangerous offense, a court can enter judgment for a class 1 misdemeanor instead, or leave the offense undesignated pending successful completion of probation and then designate it a misdemeanor.
What Should I Plead At My Arraignment?
Not guilty, in essentially every case. Nobody has seen the police reports, the video, or the lab results yet. You can change the plea later. Our guide to the arraignment explains why.
How Long Will My Case Take?
Arizona requires trial within 150 days of arraignment if you are in custody, 180 days if released, and 270 days in complex cases. Those periods can be extended and certain time is excluded, so the practical date usually lands later. The full sequence is in our guide to the case process.
Will I Have To Go To Trial?
Probably not. The large majority of criminal cases resolve through dismissal, diversion, or a negotiated plea.
I Was Never Arrested, But A Detective Called Me. What Now?
That call means you are being investigated and that charges have not been filed. It is the best moment in the entire process to involve a lawyer, because a charging decision can still be influenced.
Do not go in alone and do not explain over the phone.
Can I Get A Public Defender?
If you qualify financially. The court determines indigence and appoints either the Yuma County Public Defender or the Legal Defender. Both offices are staffed by real criminal lawyers carrying heavy caseloads.
Does Arizona Have Expungement?
Not in the way most people mean. Arizona offers a set aside, which releases you from most penalties and annotates the record, and sealing under a law effective at the end of 2022, which restricts access to case records and generally lets you answer that the arrest never happened.
True expungement exists only for certain marijuana offenses under Proposition 207. Our guide to life after a conviction covers the difference and the waiting periods.
Will A Conviction Affect My Immigration Status?
It can, including for lawful permanent residents, and the right plea in a criminal case can be the wrong plea for someone who is not a citizen.
Tell your attorney about your status in the first conversation. This matters constantly in cases charged near the border.
Can I Lose My Gun Rights?
A felony conviction suspends the right to possess a firearm in Arizona, and a domestic violence conviction carries firearm consequences under federal law even when the offense is a misdemeanor. Rights can sometimes be restored through a separate court process.
Is Arizona Tough On DUI?
Yes. Arizona requires jail even on a first conviction and has separate extreme and super extreme tiers tied to blood alcohol concentration. These cases often turn on the stop, the testing procedure, and the calibration records rather than the number itself. See our DUI defense page.
What If I Am Falsely Accused?
Do not contact the accuser, and do not have family do it either. Preserve messages, call logs, receipts, and anything establishing where you were, and get counsel immediately. Our guide to false accusations covers what actually works.
What Does A Criminal Defense Lawyer Cost?
Criminal defense is generally billed as a flat fee or hourly rather than on contingency. Ask what the fee covers, whether trial is included, and what happens if the case resolves early. Our guide to choosing an attorney lists the questions worth asking.
Talk To An Arizona Criminal Defense Attorney
If your question is not answered here, ask it directly. Citrine Law handles criminal defense throughout Yuma County, including drug allegations and domestic violence matters. The consultation is free, we work in English and Spanish, and nothing you tell us leaves this office. Call us today.