If you are arrested in Phoenix or anywhere in Arizona, the most important thing to do is remain calm and exercise your right to remain silent. Do not speak to law enforcement officers or try to explain your side of the story without a lawyer present. Ask for an attorney and wait to answer questions.
The Law Office of James Novak represents individuals accused of crimes in Phoenix and throughout Maricopa County. Having an experienced criminal defense lawyer on your side from the beginning can greatly influence the outcome of your case.
No. You are not legally required to answer questions without an attorney. Under the Fifth Amendment, you have the right to remain silent. Politely inform the police that you are invoking your right to remain silent and that you would like to speak with a lawyer.
Anything you say can and will be used against you in court, even if you believe you are helping yourself. Do not risk making statements that may hurt your case.
Misdemeanors are less serious offenses that usually carry a maximum penalty of up to six months in jail and/or fines. Common examples include disorderly conduct, shoplifting, or simple assault.
Felonies, on the other hand, are more serious and can result in a prison sentence of one year or more. Crimes like aggravated assault, drug trafficking, and robbery are typically charged as felonies.
Yes. Arizona law allows prosecutors to file charges without arresting you first. You may be summoned to court or notified of a warrant. Either way, it is critical to speak with an attorney immediately.
If you fail to appear in court, you could face additional charges and penalties.
Your first court appearance is called an initial appearance or arraignment. The judge will inform you of the charges, your rights, and set bail if applicable. You will have the opportunity to enter a plea, although in many cases your attorney may advise waiting to do so.
Having legal representation at this stage is important. The decisions made early in a case can shape the rest of your defense strategy.
A plea deal, or plea agreement, is a negotiated outcome where you agree to plead guilty in exchange for reduced charges or a lighter sentence. Most criminal cases in Arizona are resolved through plea deals.
Your criminal defense attorney can evaluate the strength of the prosecution’s case, negotiate on your behalf, and help you decide whether accepting a plea is in your best interest.
A pretrial conference is a meeting between the prosecution and defense, usually in front of a judge. The purpose is to discuss the case, potential motions, and plea deal options. If the case cannot be resolved, it may proceed to trial.
These conferences are an important opportunity for your lawyer to advocate on your behalf and push for a favorable resolution.
Arizona does not offer true expungement, but under certain circumstances, you may be able to set aside your conviction. This shows that you completed your sentence and may help with employment or housing opportunities.
Recent changes in Arizona law also allow certain records to be sealed, meaning they are not accessible to the public.
A criminal defense lawyer protects your rights, investigates the facts of your case, challenges the prosecution’s evidence, and works to minimize or eliminate penalties. Without legal guidance, you may face harsher consequences and miss opportunities to defend yourself.
The Law Office of James Novak brings years of experience to every case, offering strategic, compassionate representation to clients facing charges in Phoenix and across Maricopa County. Call (480) 413-1499 today to discuss your situation.