Getting arrested is one of the most stressful experiences a person can face—especially in Arizona, where criminal penalties are among the toughest in the country. Whether it’s your first arrest or you’ve been through the system before, what you do next can significantly impact the outcome of your case.
As a top-ranked criminal defense attorney serving Phoenix, Scottsdale, and the wider Maricopa County, Attorney Josh offers smart, aggressive defense that delivers real results. Essential steps to take after an arrest in Arizona—so you can protect your rights and prepare for what’s ahead.
Step 1: Stay Calm and Remain Silent
Your first instinct may be to explain yourself or argue with the police. Don’t. Anything you say can and will be used against you.
Under the Fifth Amendment, you have the right to remain silent. Invoke this right politely and clearly:
“I’m invoking my right to remain silent and I’d like to speak to an attorney.”
Do not answer any questions—even seemingly harmless ones—without your lawyer present. This includes questions about where you were, who you were with, or what happened. Law enforcement is trained to elicit information that can later be twisted in court.
Step 2: Understand the Charges
After your arrest, you will be booked and processed. Shortly after, you’ll be informed of the charges against you—these could range from misdemeanors (like disorderly conduct) to serious felonies (like drug trafficking or aggravated assault).
Arizona Crime Statistics
According to Arizona Department of Public Safety data, in 2023, over 28,000 felony arrests were made statewide, with Maricopa County accounting for over 60% of those. Phoenix and Scottsdale saw a growing number of arrests tied to:
- DUI and vehicular crimes
- Drug possession and distribution
- Domestic violence
- White-collar offenses
Understanding what you’re being charged with is critical to planning your defense. Charges in Arizona come with mandatory sentencing guidelines—meaning even first-time offenses can carry steep penalties if not challenged correctly.
Step 3: Contact an Experienced Criminal Defense Attorney
The sooner you contact a criminal defense attorney, the better. You need someone who can act fast to:
- Secure your release on bail or recognizance
- Preserve evidence
- File critical early motions
- Prevent prosecutorial overreach
Attorney Josh is known across Phoenix and Scottsdale for his strategic approach—combining legal insight with proactive tactics. He’s handled thousands of cases involving:
- DUIs and vehicular manslaughter
- Drug crimes and trafficking
- Assault and battery
- Theft and burglary
- Probation violations
- White-collar and federal charges
Smart Defense means staying two steps ahead of the prosecution—from the moment of arrest through trial or negotiation.
Step 4: Secure Your Release
Depending on the charges and your criminal history, you may be released:
- On your own recognizance (no money required)
- By posting bail
- By working with a bail bondsman
Your attorney can help argue for lower or waived bail, especially if:
- You’re a first-time offender
- The alleged offense is non-violent
- You pose no flight risk
In some Arizona counties, initial appearance hearings take place within 24 hours. Having legal representation at this stage is crucial for negotiating favorable terms for release.
Step 5: Prepare for the Arraignment
At your arraignment, you’ll be formally charged and asked to enter a plea:
- Guilty
- Not guilty
- No contest
Always consult with your lawyer before deciding how to plead. A “not guilty” plea is often the smartest move initially, giving your attorney time to examine evidence, file motions, and seek possible case dismissal.
Step 6: Build Your Defense
The pre-trial phase is where smart defense strategy makes the biggest difference.
Your attorney will:
- Review arrest reports and bodycam footage
- Investigate whether your rights were violated (unlawful search, lack of Miranda warning, etc.)
- Hire expert witnesses or private investigators
- Negotiate with prosecutors to reduce or dismiss charges
Arizona prosecutors are known for taking a hard stance, especially in Maricopa County. But with a smart, experienced lawyer, you can often avoid the worst-case scenarios. Over 70% of criminal cases in Arizona are resolved without trial, often through strategic motions or plea bargains.
Step 7: Be Cautious with Social Media and Communication
In today’s digital world, your texts, emails, and social media posts can become evidence. Avoid:
- Talking about the case online
- Sharing photos or videos
- Messaging alleged victims or witnesses
Even private conversations can be subpoenaed. Your best move is to go silent and let your lawyer do the talking—both in court and outside of it.
Step 8: Know Your Rights and Long-Term Options
Being arrested doesn’t mean being convicted. Even if your case seems strong on the surface, there may be:
- Lack of probable cause
- Improper evidence handling
- Eyewitness errors
- Constitutional violations
In some cases, Attorney Josh has been able to get charges dropped entirely or secure alternative sentencing (like diversion programs or treatment plans) instead of jail time. Arizona courts are also increasingly recognizing rehabilitation over incarceration for non-violent offenses.
How We Can Help
At the Law Office of Attorney Josh, we believe that every arrest deserves a smart, strategic defense. With offices in Phoenix and Scottsdale, we serve clients across Maricopa County and beyond.
When you work with us, you’re getting:
- A proactive defense tailored to your unique case
- Decades of combined courtroom experience
- Proven results—from full dismissals to reduced sentences
- 24/7 availability for urgent legal needs
Your future matters. Don’t leave it in the hands of an overworked public defender or wait until it’s too late to act. When you’re facing criminal charges in Arizona, get the smart defense and strong results you deserve.
Contact Attorney Josh today for a confidential consultation—and let us fight for your freedom.