Before you choose
What to Know About Criminal Defense in Arizona
A few facts that shape every decision in the first days of a case.
The clock starts at the arrest
Arizona courts say that a person who is arrested must be brought before a judge for an initial appearance within 24 hours or be released. At that hearing the judge explains the charges and the right to remain silent and to have a lawyer, and sets release conditions. Many people meet their lawyer only after this point, which is why knowing the steps in advance helps.
A DUI is two cases, not one
After a DUI arrest with a qualifying test, the criminal case runs in court while a separate license case runs at MVD. The order of suspension takes effect thirty days after it is served, and a request for a hearing has to reach MVD within the deadline on the notice. People who focus only on the court date sometimes miss the MVD deadline.
Not every case comes with a free lawyer
The court appoints a lawyer for people who cannot afford one in felony cases, but according to the Arizona Judicial Branch, not for most misdemeanors unless a bond is set that the person cannot post. For many misdemeanor defendants, including most first-time DUI cases, choosing and paying a private lawyer is the realistic path.
How defense lawyers charge is regulated
Arizona’s ethics rules require a lawyer to tell you the scope of the work and the basis of the fee in writing, forbid contingent fees for criminal defense and require a written notice if a fee is called nonrefundable or earned upon receipt. Knowing those rules makes it easier to compare offers and spot a bad one.
A conviction is not always permanent
Arizona law lets people apply to set aside a conviction after completing their sentence and, under a newer law, petition to seal case records after waiting periods that depend on the offense class. A good defense lawyer thinks about those options from the start, because the outcome of the case decides which ones are available later.