Scottsdale Criminal Defense Attorney
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Scottsdale Criminal Defense Lawyer FAQ

Common Questions for an Arizona Criminal Defense Attorney

If you or someone you know has been charged with a crime in Arizona, it's important to review some basics about Criminal Defense Law. As a seasoned criminal defense lawyer, Joshua B. Davidson can personally answer many of the questions you may have after being charged. Below are brief responses to many common legal questions potential clients might have if they've been charged, however it is best to contact our law offices for a free consultation to have your specific questions answered.

Do I really need a lawyer?

If you have been arrested or are under police investigation it is likely you need to find representation. An experienced Scottsdale criminal defense attorney could be able to answer all your questions and can help insure that your rights are being upheld when you are facing criminal charges. Contact Joshua S. Davidson if you are unsure whether or not you need representation. Once you can discuss the specifics of your case he could be able to determine if legal representation is necessary.

Is it okay to speak with the police?

It's important that you DO NOT speak with the police or answer any questions they may ask you before consulting a qualified criminal defense lawyer. Most likely their goal is to gather evidence against you in order to convict you. Some police and investigators might even try to use deceptive language and tactics or lie to you get you to incriminate yourself. In the confusion it may seem like a good idea for you to explain your side of the story, but anything you say from the moment you are arrested can be used against you in court. It could be critical to your case that you consult with a knowledgeable criminal defense attorney before you speak to the police. Do not take this decision lightly.

Do I need a criminal defense lawyer if I have been falsely accused?

It would be wonderful if truth and justice always prevailed and the innocent were always exonerated. Unfortunately this is not the reality of our court system. Every day innocent people are found guilty of crimes they did not commit, and it's important to keep this in mind when you are considering whether or not to seek the help of a criminal defense attorney. Qualified representation is the only way to ensure you are treated fairly within the Arizona court system.

What is bail? How does bail work? Will bail money be returned when the case is over?

Bail is a monetary pledge that the defendant will attend their court date after being released from custody. The purpose of bail is to give a defendant freedom pending the resolution of their case. There are two ways to post bail in Arizona; A defendant either can post "cash" bail with the custodial agency to cover the full amount of bail (if bail is exonerated at the end of the case the entire amount posted will be returned), or a bail "bond" can be posted by a bail company. Through the "Bond" option the defendant usually has to pay about 10% of the entire amount to the bail company, then if bail is exonerated the bail company will keep the 10% as a fee for fronting the entire amount.

What is the difference between a Misdemeanor and a Felony?

A misdemeanor is a "lesser" criminal charge and is generally carries a less severe sentence than a felony. Misdemeanors are usually punished with monetary fines or jail time of less than one year. Common misdemeanors include public intoxication, vandalism, petty theft, and disorderly conduct. A felony is a serious crime and can be punishable by more than one year in prison or, in rare cases, death. If convicted of a felony, defendants tend to serve time in prison rather than jail. Felonies include grand theft, robbery, fraud, embezzlement, burglary, aggravated assault, kidnapping, arson, rape, and murder.

Make sure you don't get blindsided or confused about your rights in Arizona. If you have further questions, or would like to consult with an experienced criminal defense lawyer about your case, please contact the Law Offices of Joshua S. Davidson.

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