Category: Criminal Defense

An Arizona background check arrest record can show up even when the case never led to a conviction. That surprises a lot of people. Most assume “not guilty” or “case dismissed” makes the record disappear. It doesn’t, at least not automatically. Understanding where background check data actually comes from explains why. What an Arizona background…

Arizona doesn’t offer expungement in the way most people picture it. Anyone searching how to expunge a criminal record in Arizona usually finds two different remedies instead: setting aside a conviction under A.R.S. § 13-905, or sealing a record under A.R.S. § 13-911. They sound similar. They don’t do the same thing. How to expunge…

Repetitive offender sentencing Arizona courts apply doesn’t use the phrase “three strikes,” but the underlying idea is similar. Under A.R.S. § 13-703, a felony conviction gets sentenced within a substantially higher range once the defendant has one or more prior “historical prior felony convictions.” How many priors qualify decides which sentencing category applies. The three…

A domestic violence charge Arizona prosecutors bring isn’t a separate crime on its own. Under A.R.S. § 13-3601, “domestic violence” is a label attached to an existing offense. It can attach to assault, criminal damage, disorderly conduct, and more than a dozen others. The label applies when the accused and the alleged victim share a…

A diversion program Arizona offers something a plea agreement can’t: a path through the case that ends without any conviction on the record. Rather than resolving guilt through a plea, diversion pauses prosecution while the defendant completes specific conditions. Successful completion dismisses the charge entirely. Eligibility gets set at the county level, not by a…

A plea agreement in Arizona isn’t just “pleading guilty.” Under Rule 17 of the Arizona Rules of Criminal Procedure, it’s a negotiated resolution. The defendant agrees to plead guilty or no contest to specific charges, usually in exchange for the state dropping other charges or recommending a specific sentence. What actually gets negotiated in a…

Every person facing criminal charges in Arizona has a right to counsel, but that right splits into two paths. Under A.R.S. § 13-4013, the court appoints counsel for anyone found indigent. Everyone else hires private counsel or represents themselves. A public defender vs private attorney Arizona comparison comes down to a narrower set of practical…

Bail in Arizona initial appearance proceedings doesn’t start from a blank slate. Under Rule 7.2 of the Arizona Rules of Criminal Procedure, anyone charged with a bailable offense has a right to release on their own recognizance. The court can override that right only if it finds specific conditions are necessary. The default leans toward…

Getting arrested in Arizona starts a legal clock most people don’t know exists. Under Rule 4.1 of the Arizona Rules of Criminal Procedure, an arrested person has to be brought before a magistrate for an initial appearance within 24 hours, or released. That single deadline shapes almost everything that happens after being arrested in Arizona…