Location-specific FAQ for defendants facing criminal charges in Tempe, Arizona, including how Tempe Municipal Court works, campus-area arrests, and DUI enforcement along Mill Avenue and the Loop 202.
Frequently Asked Questions
Misdemeanor charges from incidents within Tempe city limits are handled at Tempe Municipal Court, located at 130 E. 5th Street. The Tempe City Prosecutor’s Office prosecutes these cases. Felony charges — regardless of where in Maricopa County they occurred — are handled at Maricopa County Superior Court in Phoenix and prosecuted by the Maricopa County Attorney’s Office.
Tempe’s proximity to Arizona State University and the Mill Avenue entertainment district results in a high volume of misdemeanor arrests including minor in consumption, disorderly conduct, assault, DUI, criminal trespass, and drug possession. The Tempe Police Department actively patrols Mill Avenue, Tempe Town Lake events, and the surrounding grid during weekends and major events such as the Fiesta Bowl, Pac-12 games at Mountain America Stadium, and concerts at Tempe venues. DUI enforcement on the Loop 202, US-60, and I-10 is consistent and aggressive.
Being arrested near ASU campus can have additional implications beyond the criminal case. ASU has its own Student Conduct process that operates independently of the criminal courts — meaning a student can face both criminal charges and university disciplinary proceedings for the same incident. A criminal conviction (or even a pending charge) can trigger academic consequences including suspension or expulsion, loss of campus housing, and impact on financial aid. Attorney Josh understands the parallel tracks these cases can take and works to resolve the criminal matter in a way that minimizes exposure on both fronts.
After a DUI arrest in Tempe, two clocks start running simultaneously. On the administrative side, you have 30 days from your arrest to request an Admin Per Se hearing with the Arizona MVD or face automatic license suspension. On the criminal side, you will receive a court date at Tempe Municipal Court for a misdemeanor DUI, or a Superior Court date for a felony DUI. Contact Attorney Josh immediately — the 30-day MVD deadline is critical, and early intervention often creates the best opportunities for a favorable outcome.
Disorderly conduct under ARS 13-2904 is a Class 1 misdemeanor in Arizona when it involves fighting or violent behavior. While it may seem minor compared to felony charges, a misdemeanor conviction carries a permanent criminal record, potential jail time, fines, and consequences for employment and professional licensing. In Tempe, disorderly conduct charges frequently accompany assault charges arising from the same incident. Both charges must be addressed strategically. Attorney Josh evaluates whether evidence supports the charges, whether self-defense applies, and whether the charges can be reduced or dismissed.
Drug possession charges in Arizona depend on the type and quantity of substance involved. Marijuana possession for personal use by adults 21 and over is legal under Proposition 207, but possession in excess of legal limits or possession of other controlled substances triggers criminal charges under ARS 13-3407 and related statutes. Even a Class 1 misdemeanor drug possession charge carries potential jail time, fines, and probation. Felony drug charges carry prison exposure. Attorney Josh evaluates the circumstances of every drug case — including whether the search that produced the evidence was lawful.
Yes. In situations where both parties engaged in physical conduct, mutual combat may be relevant, and self-defense or defense of others under ARS 13-404 and 13-406 may apply. Tempe Police are required to identify a primary aggressor in domestic and fight situations — and that determination is not always accurate. Witness accounts, surveillance footage from Mill Avenue bars and venues, and physical evidence all play a role in building a defense that challenges the prosecution’s narrative. Attorney Josh investigates every available source of evidence to construct the most effective defense.
After a Tempe arrest, you will typically be taken to the Tempe Police Department for booking. Depending on the charge, you may be released on your own recognizance, released on bail, or held for an initial appearance before a judge within 24 hours. At your initial appearance, the charges will be formally presented and release conditions will be set. A misdemeanor arraignment at Tempe Municipal Court typically follows. An experienced criminal defense attorney should be contacted as early in this process as possible — ideally before the initial appearance.
Yes. Convictions from Tempe Municipal Court, including Class 1, 2, and 3 misdemeanors, will appear on criminal background checks. This can affect employment, rental housing applications, student financial aid, professional licensing, and more. The goal of aggressive criminal defense is to avoid conviction entirely — through dismissal, reduction to a lesser charge, or in some cases, alternative resolution programs for eligible first-time offenders. If a conviction has already occurred, Attorney Josh can evaluate whether a set-aside under ARS 13-905 is available.
Attorney Josh serves Tempe defendants from offices in both Phoenix and Scottsdale. Call (480) 386-1824 to speak directly with Attorney Josh and schedule a free consultation. Every case is reviewed personally, with the goal of delivering the strongest possible defense from day one.