Statewide FAQ covering Arizona criminal law, the court system, and what to expect when facing charges anywhere in Maricopa County or the greater Phoenix area.
Frequently Asked Questions
The most important thing you can do after an arrest in Arizona is exercise your right to remain silent. Under the Fifth Amendment and Miranda v. Arizona, you are not required to answer questions from law enforcement beyond providing your name and identification. Politely invoke your right to an attorney and do not make any statements until you have spoken with counsel. Evidence gathered during an arrest — including anything you say — can be used against you. Contact a criminal defense attorney as soon as possible, even before formal charges are filed.
Arizona law classifies criminal offenses as either misdemeanors or felonies. Misdemeanors are divided into three classes — Class 1 carries up to 6 months in jail, Class 2 up to 4 months, and Class 3 up to 30 days. Felonies are more serious offenses divided into six classes (Class 1 through Class 6), with potential prison sentences ranging from months to life depending on the classification and any prior convictions. Under ARS 13-702, first-time offenders may receive more lenient sentencing, but felony convictions carry lasting consequences including loss of civil rights, firearms restrictions, and difficulty securing employment.
In Arizona, the court system for criminal matters is divided by offense type. Misdemeanor cases are handled at the city (municipal) or justice court level depending on where the alleged offense occurred. City prosecutors handle misdemeanor cases in municipal courts, while the Maricopa County Attorney’s Office prosecutes cases in justice courts. All felony matters are prosecuted by the Maricopa County Attorney’s Office and handled in Maricopa County Superior Court. If you are charged with a felony, expect your case to move through the Superior Court system, which includes initial appearances, preliminary hearings, arraignment, and potentially trial.
Yes — charges may be dismissed or reduced depending on the specific facts of your case, the strength of the evidence, and the legal strategies your attorney employs. A skilled defense attorney can challenge the legality of a search or seizure, contest witness credibility, file motions to suppress evidence obtained in violation of your constitutional rights, and negotiate with prosecutors for reduced charges or alternative resolutions. Outcomes vary widely based on the specific circumstances, and no outcome can be guaranteed. What matters is having a strategic, experienced attorney who knows how to identify weaknesses in the prosecution’s case.
In Arizona, you have the right to remain silent, the right to refuse a warrantless search of your person, vehicle, or home (Fourth Amendment), and the right to have an attorney present during questioning. While you are required to identify yourself during a lawful stop, you do not have to answer substantive questions or consent to a search. If officers conduct an unlawful search or fail to properly advise you of your rights, those violations may become the foundation for a motion to suppress — which can eliminate key evidence from the prosecution’s case.
An arraignment is a formal court proceeding in which you are officially informed of the charges against you and enter a plea — typically not guilty at this stage. For felony cases in Maricopa County Superior Court, an arraignment generally occurs within 10 days of indictment or information. At the arraignment, the court also addresses bail and conditions of release. Entering a not guilty plea at arraignment does not mean the case goes to trial — it simply preserves your rights while negotiations and preparation continue.
A set-aside under ARS 13-905 allows a person who has completed all conditions of their sentence to petition the court to set aside their conviction. This is not an expungement — the record still exists — but the conviction is vacated and the charges are dismissed. A set-aside can meaningfully improve employment prospects and restore certain civil rights. Eligibility depends on the nature of the conviction; certain offenses, including those involving serious physical injury or mandatory sex offender registration, are not eligible. Attorney Josh handles set-aside petitions and can assess your eligibility during a consultation.
Yes. Even misdemeanor convictions in Arizona carry real consequences: jail time, fines, probation, mandatory classes, and a permanent criminal record that appears in background checks. Employers, landlords, and licensing boards routinely screen for criminal history. A conviction on what seems like a minor charge today can limit opportunities for years. An experienced criminal defense attorney can evaluate whether charges can be dismissed, reduced, or resolved through alternative programs — and will fight to protect your record from day one.
The timeline varies significantly by case type. A straightforward misdemeanor may resolve within a few months. Felony cases in Maricopa County Superior Court often take six months to over a year depending on discovery, motions, and any trial preparation. Cases that proceed to jury trial take longer still. Do not equate speed with a good outcome. The goal is the best possible result, and a thorough defense takes the time it requires. Attorney Josh keeps clients informed at every stage so there are no surprises.
Look for an attorney who focuses exclusively on criminal defense, knows the local courts and prosecutors, and communicates clearly and directly with clients. Verify their track record and read genuine client reviews. Be cautious of attorneys who promise specific outcomes — no ethical attorney can guarantee results. Attorney Josh has earned more than 165 five-star Google reviews through consistent, intelligent advocacy for clients across Maricopa County. His Smart Defense approach means every case gets a thorough, strategic review from the start.