Information You Need About the Criminal System

The lawyer is your legal expert that will make certain that you are not being lied to.

If someone has been arrested, calling from the jail to tell what happened is as good as a confession; the police will record the call. Do Not Talk about the offense; get help by getting a lawyer.

Things happen fast when a person is arrested. There is an initial appearance before a magistrate within 24 hours. This is a most important hearing, since the magistrate will set bail and release conditions and schedule the matter for a hearing of some kind: a preliminary hearing for a felony, a pretrial for a misdemeanor. A lawyer at these early stages is crucial for making legal arguments to the Court about release.

Forty-eight hours after the initial appearance for a felony, the state is required to file a complaint. If no complaint is filed, the hearings set and the release conditions are vacated. If the defendant is still in jail, release is required; if bond has been posted, it is exonerated. No further hearings are scheduled.

If you are released, don't just forget about it. You must prepare for the eventual bad news. Make detailed notes about what happened. Save these notes for your lawyer. Write down the names and addresses of witnesses, take photos of your injuries, do whatever you can to document what happened. If you were arrested for DUI or drug use, get your own blood test as soon as possible. The state has an officer that will document his version — you have to protect your evidence.

Don't talk to any witnesses in the case. The Police are allowed to lie to you to get you to talk to them. The police can tell you anything they want to get behind your right to remain silent. Protect yourself — tell them, "I won't talk to you without my lawyer." If you don't have a lawyer, you need one.

Many Arizona citizens are caught in this web. Alcohol is legal, even encouraged, and it is not illegal to drink and drive, provided it's not too much or the driver is not "impaired" in any way. But the concept of "impaired" is different for the Police.

If you are arrested for a DUI, ask for a lawyer the moment you get out of the car. Don't take any roadside tests, don't look at the officer's pencil, don't admit anything. Give the officer your paperwork, step out of the car and ask for a lawyer. If arrested, ask again and again until you can call one.

If you are arrested and released, you will be given a court date and two forms — a yellow one and a pink one. You have 15 days to get that PINK form to MVD or your temporary license is no longer good. If the form arrives in time, you can drive on the temporary license until MVD gives you a hearing. But the MVD hearing has NOTHING to do with the Court date. You need a lawyer to help you decide what to put on the MVD form, and what you can expect at your next Court date.

If the police served a warrant on your home, take photos of it after they leave. If you can't do it, have someone else do it, and make sure your home is locked up. The police don't live there, they don't care if the front door is locked when they leave.

If you're released from Jail, the state can refile, sometimes within as many as 20 years. Be sure the Court has your correct address, mailing and physical, because if the state cannot find a defendant, it will request and get a warrant. If you get a summons, call a lawyer, find out what it means. This is the beginning of a process that may have a huge impact on the rest of your life.

If you are summoned to Superior Court for an Arraignment, you will address the Court for the first time and enter a plea. Always plead "not guilty". You are invoking your right to make the state prove your guilt beyond a reasonable doubt; you are invoking your rights to receive disclosure, your right to counsel, your right to a jury trial. Don't go to the arraignment without a lawyer, because the Rules of Criminal Procedure will require several decisions quickly about what judge you will have and the strategy of your defense. Time is of the essence, and good legal counsel is essential as well.

The disclosure in the case will tell the tale about the state's collection of the evidence. If it was done illegally by the state, that is in violation of the constitution, that must be raised in Court. Motions to suppress, motions to preclude evidence, motion to force the state to provide proper discovery are all part of the pretrial process. Those issues must be investigated and litigated to protect you. The evidence you have secured may go a long way to helping your lawyer prevent a travesty of justice when the state uses illegally gathered evidence.

At some point you may be offered a plea agreement. A lawyer's advice on whether or not to accept a plea is important because it could effect important rights for many years to come. And only by considering all the information the state has, tempered by a lawyer's advice, can the right decision be made.

The sad fact is that most cases in the Criminal System end with a plea agreement. But not all do.

All lawyers like to think of themselves as trial lawyers. But it takes a combination of skill, finesse, talent, experience and knowledge to actually be one. Don't be fooled by catchy phrases. A lawyer can be zealous and still be inept. The best way to judge is to talk to the lawyer, get to know him and ask questions.