Tempe Criminal Defense Lawyer

Tempe Criminal Defense Attorney

Criminal convictions can impact your life negatively now and well into the future. If you are a resident of Tempe or an out-of-state Arizona State University (ASU) student, and you’ve been arrested and charged with a crime, it is crucial to contact a Tempe criminal defense lawyer immediately.

The legal team at Grand Canyon Law Group has years of experience protecting the rights of defendants, whether in court or during behind-the-scenes negotiations. As a former prosecutor, our lead attorney, Ryan McPhie, has handled thousands of criminal cases on both the prosecution and defense sides. This experience, working as both a prosecutor and a defense attorney, is invaluable to our clients.

Grand Canyon Law Group has successfully represented numerous individuals charged with crimes in Tempe. Many of our clients have been so pleased with Grand Canyon Law Group’s representation that they have left testimonials lauding the firm’s work.

OUR PAST RESULTS

In the summer of 2017, Grand Canyon Law Group assisted a driver who was pulled over for driving with his brights on. The officer smelled alcohol on the driver’s breath, took him to the police station, and charged him with DUI. Ryan McPhie had the criminal charges dismissed.

Grand Canyon Law Group has also managed to have DUI charges reduced to reckless driving in many past cases. In June 2017, a former client praised Ryan McPhie for his unwavering pursuit of justice, his forthrightness, and his knowledge of the law after achieving the result and saving his career.

In 2018, Ryan McPhie assisted an Arizona client involved in a hit-and-run accident in securing a favorable plea agreement, allowing the client to plead “responsible” to a civil traffic ticket rather than a criminal offense, according to the client. The client specifically praised Grand Canyon Law Group for its high level of communication, which he said made the entire process less stressful than he expected.

TYPES OF CRIMINAL DEFENSE LAW CASES HANDLED BY GRAND CANYON LAW GROUP

At Grand Canyon Law Group, our Tempe criminal defense attorneys represent individuals charged with many different types of crimes, including:

• Drug crimes. The severity of a drug crime is determined by the type and amount of the substance involved. Drug crimes include the production, possession, sale, and transportation of an illegal substance.
• Assault. In Arizona, sexual and physical assault are serious offenses, and aggravated assault, 498 instances of which took place in Tempe in 2014, is charged as a felony.
• Shoplifting. State courts can charge shoplifting as a misdemeanor or a felony, depending on the monetary value of the items allegedly stolen and how the items were removed from the business.
• Domestic violence. Domestic violence involves the abuse of a spouse, roommate, child, family member, or romantic partner. These charges are aggressively pursued, often against the named victim’s wishes. Domestic Violence has devastating future effects. However, they are some of our most common types of cases, and we have an exceptionally high success rate in achieving dismissals or reductions in charges.

A Felony Charge

A felony charge can result in imprisonment, potentially for decades. Felony charges in Arizona include, but are not limited to:

• Arson
• Most drug-related charges
• Manslaughter
• Tax evasion
• Burglary
• Aggravated DUI charges
• Sexual offenses
• Aggravated Assault
• Domestic Violence

A Misdemeanor Charge

Misdemeanor charges can come with serious consequences as well, albeit less severe than those associated with felony charges. Misdemeanors in Arizona include, but are not limited to:

• Petty theft and shoplifting
• Disorderly conduct
• Assault
• Solicitation
• Reckless driving
• DUI
• Domestic Violence

Additional types of criminal cases that we handle at Grand Canyon Law Group include:

• White collar crimes
• Sex crimes
• Theft
• Criminal traffic violations, and more

DEFENDING ASU STUDENTS

At Grand Canyon Law Group, we have had the pleasure of representing many ASU students. If a Sun Devil has any legal problems, we want them to know that we are nearby to assist them however we can. If you are an ASU student and you’re charged with a crime, call Grand Canyon Law Group as soon as possible.

We will zealously advocate for you in court; we will also ensure that the judge and prosecutor are aware that you are an ASU student and of the additional consequences a criminal conviction may have for your university status. Some of the most common crimes committed by ASU students are:

• Drug possession
• DUI
• Domestic Violence
• Disorderly Conduct
• Assault
• Burglary
• Underage liquor possession or consumption

How We Can Help

Crimes occur on campuses nationwide, but false accusations and illegal arrests are also common. At Grand Canyon Law Group, we strive to protect the future of young students charged with crimes. We understand that people make mistakes, and we don’t want you facing criminal charges without an experienced lawyer by your side.

If you find yourself confused or concerned about how a criminal conviction may affect the rest of your life, we can help you understand your rights. If we represent you, we will aggressively work to protect your rights, reputation, and future.

What to Do After an Arrest in Tempe (First 24 Hours)

Whether you are arrested along Mill Avenue, Apache Boulevard, Rural Road, Broadway Road, or elsewhere in Tempe, the decisions you make in the first 24 hours can greatly influence the outcome of your case. Arrests are far from uncommon in a city with a crime rate of 54.49 per 1,000 residents. Stay calm and do not argue the facts or attempt to explain your actions to law enforcement.

Exercise your right to remain silent and ask to speak with an attorney. Do not consent to searches of your vehicle, phone, or home unless officers present a valid warrant. Follow lawful commands but avoid volunteering information without an attorney present. Once you are released from custody, do not discuss the case or make public comments about what you did or did not do.

Avoid posting on social media, even through private messages. As soon as you are able to do so, write down a detailed timeline of events while they are still fresh, including the names of potential witnesses. Preserve evidence that could support your defense, such as photos or text messages. Carefully keep paperwork issued by law enforcement. As soon as possible, research and meet with a qualified criminal defense attorney.

CRIMINAL DEFENSE AND TRIAL TECHNIQUES

Criminal cases and civil cases differ significantly in many respects. Criminal cases are brought by the government rather than by a private party, such as a person or company. Below, we discuss some features of a criminal case.

1. The burden of proof is on the prosecution to establish beyond a reasonable doubt that the defendant committed the charged crimes.
2. The first step involves a judge reviewing the case and advising the defendant of the charges.
3. The judge also decides whether the complaint contains the requisite information and whether to keep the defendant in custody until trial, to impose a bail amount, or to release the defendant on his or her own recognizance.
4. At arraignment, the defendant also enters a plea—almost always not guilty if represented by counsel.
5. If the defendant pleads guilty and chooses to forgo a trial, the judge imposes a sentence.
6. The defendant may enter into a plea agreement with the prosecution, which usually involves pleading guilty to some or all of the charges in exchange for a reduction in charges or a lighter sentence than the defendant would otherwise face following a guilty verdict at trial.
7. If the defendant pleads not guilty, the judge schedules a trial and any other necessary hearings.
8. If a person is found not guilty at trial, he or she is released immediately.
9. If a trial results in a guilty verdict, the judge will determine the defendant’s sentence, usually at a later date and time.

Following a guilty plea or verdict, the criminal sentence may include:

• Time in prison
• A fine paid to the government
• Restitution to victims

Supervision and specific probation conditions, like mandatory treatment programs, substance abuse testing, home confinement, electronic monitoring, and job counseling.

POTENTIAL SENTENCING FOR CRIMINAL CONVICTIONS

There are mandatory sentencing laws in Arizona. However, every criminal case is unique, and the specifics of the case will determine which mandatory sentencing guidelines apply. The court will consider various factors when calculating a person’s potential sentencing.

While there are statutory sentencing guidelines, the court could impose more lenient or harsher penalties depending on the specifics of the individual and the charges. Factors include the nature of the crime, whether it is a dangerous or non-dangerous offense, any aggravating or mitigating circumstances, and whether the defendant has previous convictions on their criminal record.

Upon a felony conviction, the court will sentence a person based on the offense’s classification. Indictment possibilities range from a class one to a class six felony.

SENTENCING GUIDELINES FOR REPEAT OFFENDERS

One critical factor the court will consider for sentencing guidelines is the person’s criminal history. Individuals facing non-dangerous charges with previous felony convictions are subject to harsher sentencing guidelines. Under Arizona Revised Statutes 13-703, the sentencing guidelines for a person with prior convictions and other aggravating factors are as follows:

• Class six felony: up to a 5.25-year prison sentence
• Class five felony: up to a 7.5-year prison sentence
• Class four felony: up to a 15-year prison sentence
• Class three felony: up to a 25-year prison sentence
• Class two felony: up to a 35-year prison sentence

DANGEROUS CRIMINAL OFFENSES

As per the Arizona Revised Statutes 13-105, dangerous crimes involve discharging, using, or even displaying a deadly weapon. This category also includes offenses involving intentional physical harm to another person. Depending on the class of felony and other factors, a person could face from 1.5 to 35 years in prison upon conviction. Again, the potential penalties increase for defendants with prior felony convictions.

Tempe Criminal Case Timeline

Tempe’s criminal courts process many cases per month. The state had over 25,000 DUI arrests in 2022 alone. While each criminal case is unique, all basically follow a similar series of events. A case typically begins with an arrest, where the suspect is taken to a nearby holding facility, the county jail, for booking and processing. A judge decides whether to allow the defendant to post bail. During the arraignment, the defendant enters a plea of guilty or not guilty.

After the arraignment, cases move to the pre-trial phase. Your attorney can meet with you to discuss the evidence collected by the prosecution. During the pretrial phase, the defense can gather its own evidence to support its case. When scrutinizing the evidence, your defense attorney may identify missteps by law enforcement or the prosecution.

Negotiations between the defense and prosecution are a common part of this phase. If the prosecution offers a favorable plea bargain, the defense may accept it. Other outcomes could include dismissal of the case or the option to enter a diversion program. Defendants have the right to seek a trial where a judge or jury determines the outcome of a case.

ALTERNATIVE RESULTS IN CRIMINAL DEFENSE CASES

Criminal cases don’t always end with a guilty or not guilty verdict. Attorneys with experience representing criminal defendants often work toward alternative resolutions, including:

• Dismissal. A criminal case may be dismissed with or without prejudice. If a court dismisses a case with prejudice, the defendant cannot be charged again; whereas if a court dismisses a case without prejudice, the prosecution may refile the case at a later date.
• Plea agreement. The defendant pleads guilty to a crime, sometimes an altogether different crime than charged in the initial complaint, in exchange for some form of leniency.
• Pretrial diversion. Under certain circumstances, often if a defendant has not been charged with a crime before or if other mitigating circumstances exist, a court will hold on to a case while the defendant undergoes a rehabilitative program, such as drug treatment, and make a final decision at a later date. Oftentimes, the court will dismiss the charges if the defendant successfully completes the terms of their diversion.

Preparing for an Initial Consultation With a Criminal Defense Attorney

Getting ready for your first meeting with a criminal defense attorney can make a big difference. Start by gathering any paperwork tied to your case, including police reports, court documents, or anything else you’ve received. Jot down a clear timeline of what happened, including any details you remember.

Be honest and direct; your lawyer needs the full picture to help you effectively. Think ahead about any questions you’d like to ask. Also, be prepared to share a bit about your background. The more prepared you are, the more productive that first conversation can be.

Why You Should Hire a Criminal Defense Lawyer

If you are facing criminal charges, the decision to hire a criminal defense attorney should be your top priority. A Tempe criminal defense attorney will understand criminal law and how it applies to your case. They can explore various criminal defense strategies that can protect your freedom and reputation.

Lawyers are also trusted advisors and advocates who can explain your rights and options in detail. Whether your case resolves through a negotiated plea bargain, dropped charges, or a favorable court verdict, legal representation can shield you from the consequences of a life-altering conviction.

FAQs

Q: When Should You Hire a Criminal Defense Attorney?

A: You should hire a criminal defense attorney as soon as you’re accused of a crime or think you might be. Early legal help can protect your rights and guide your next steps. An attorney can speak on your behalf, explain your options, and help avoid mistakes. Even if charges haven’t been filed yet, getting legal advice early on can make a big difference. The sooner you act, the better your chances of building a strong defense.

Q: Who Is More Powerful, a Prosecutor or a Lawyer?

A: A prosecutor is a type of lawyer who represents the government in criminal cases. A defense lawyer represents the person being accused. Neither is more powerful overall. They have different roles. A prosecutor decides whether to file charges, but a defense lawyer works to protect their client’s rights. The outcome often depends on the strength of each case, not who has more power. Both are important parts of the legal system.

Q: Why Is It Important for Someone to Have a Defense Attorney in a Court Case?

A: It is important to have a defense attorney because they protect your rights and help you understand the legal process. Court cases can be confusing and stressful, but a lawyer knows the law and how to build a strong defense. They speak for you in court, challenge evidence, and work to reduce or dismiss charges. Without legal help, it’s easy to make mistakes that can hurt your case. A defense attorney makes sure you’re treated fairly throughout the process.

Q: How Long Do Most Criminal Cases Take?

A: Most criminal cases take time, but the length depends on the details. Simple cases may move quickly, while more serious or complex ones can take longer. Factors like court schedules, the amount of evidence, and whether the case goes to trial all affect timing. Delays can occur, especially if further investigation is needed. There is no set timeline that fits every case, but to get a better idea of your specific situation, it is helpful to speak with an attorney.

Q: How Expensive Are Criminal Defense Attorneys?

A: Criminal defense attorneys can vary in cost depending on the case and the lawyer’s experience. Simple cases usually cost less, while serious or complex charges can be more expensive. Some lawyers charge a flat fee, and others bill by the hour. There may also be additional costs, such as court fees. Many attorneys offer payment plans to make their services more manageable. It’s a good idea to ask about pricing during your initial meeting.

SCHEDULE A CONSULTATION WITH A SKILLED CRIMINAL ATTORNEY IN TEMPE

If you face criminal charges in this state, you must act quickly to prepare your defense strategy. A felony conviction will result in a prison sentence and other harsh penalties that can negatively impact your life for years to come. It is never a good idea to try to handle the case on your own, regardless of the circumstances surrounding your charges.

The lack of a solid defense strategy could mean longer prison sentences, higher fees, and harsher penalties. At the Grand Canyon Law Group, a hardworking Tempe criminal lawyer has the experience to fight aggressively for your freedom and way of life.

If you face criminal charges, call today to schedule a consultation. The sooner you reach out, the better your chances of a positive outcome. We have offices in Mesa on East Brown Road, Gilbert on South Gilbert Road, and Phoenix on North 5th Ave.

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480-400-5555

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