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Phoenix Criminal Attorney > Phoenix Criminal Defense

Phoenix Criminal Defense Attorney

If you’ve been arrested on a felony or misdemeanor charge in Phoenix, Blumberg & Associates offers practical advice and effective representation to help you make the best of a bad situation. Your best chance at a favorable outcome in your criminal case is to be represented by an attorney with extensive experience representing people in circumstances similar to yours. There are a lot of criminal defense lawyers in practice, and not all of them will be suitable for your needs. In more than 30 years of practice, Phoenix criminal defense attorney Bruce Blumberg has successfully represented thousands of clients faced with all types of criminal charges by prosecutors at the Arizona state or federal level. As a Board-Certified criminal law specialist, Bruce Blumberg has the knowledge, skills and experience to competently handle any criminal law matter in Arizona.

Blumberg & Associates additionally provides assistance in important areas such as domestic violence, juvenile offenses, and probation violations. Learn more below about our practice in these vital areas, and contact our office in Phoenix for a consultation or immediate assistance.

Domestic Violence

As a criminal law specialist who also handles an array of high-conflict divorce, child custody and other family law matters, attorney Bruce Blumberg is familiar with the issues of spousal abuse, child abuse and other incidents of domestic violence. We also know that allegations of domestic violence can sometimes be put forward wrongly, whether due to innocent misunderstandings or a desire to gain leverage in a divorce or child custody dispute. The consequences of a domestic violence finding are swift and severe. Long before any criminal trial or conviction for abuse, you can be forced out of your home, forced to relinquish firearms, and kept from having any contact with your kids, often while being required to pay support at the same time.

Blumberg & Associates provides a strong, assertive defense against unfounded accusations of domestic violence. We’ll fight hard to protect your name, reputation and relationship with your kids while helping you avoid the jail time and criminal record that can result from being found guilty of domestic violence.

Juvenile Offenses

The goal of the juvenile justice system is rehabilitation, not punishment. For minors arrested for juvenile or criminal offenses, the juvenile system is almost always preferable to being put through the criminal system. Yet under Arizona law, some juveniles must be tried as adults for certain offenses, and even where it isn’t required, prosecutors can file charges in adult court, or juvenile court judges can transfer cases to criminal court. Bruce Blumberg is experienced across the spectrum of juvenile offenses. At Blumberg & Associates, we know the right steps to take to help your son or daughter get the best result after an arrest for a criminal offense or status offense in Phoenix or surrounding areas.

Probation Violations

Getting sentenced to a period of probation is an alternative to incarceration that, for many people, amounts to an excellent outcome in their criminal case. However, if during the probation period you commit any criminal offense or otherwise break the terms of your probation, the jail sentence which had been suspended or deferred can be rapidly imposed, without the benefit of a full trial. It is important to be aware of this possibility before you plead guilty to an offense in order to get probation. Talk to your attorney about whether a plea or trial is in your best interests.

Besides staying out of trouble, other common terms of probation include reporting to your probation officer as required, allowing the probation officer into your home, keeping a job, staying within a specified geographical region, refraining from associating with certain individuals, and submitting to random alcohol and drug tests.

If found in violation of probation, the court could send you to jail, lengthen your period of probation or add more restrictions to your current probation. You are entitled to due process before your probation can be modified or revoked, and you are entitled to be represented by an attorney. At Blumberg & Associates, we can submit evidence and testimony to challenge whether you actually violated the terms of your probation or show that your constitutional rights were violated. We may also be able to help modify or terminate overly restrictive probation that is keeping you from getting or maintaining a job or being with your kids.

Your First Meeting

When meeting with a lawyer for the first time, try and present him or her with as much information as possible. Here are some things to remember:
Bring any and all documentation you have pertaining to your arrest. This might include:

  • Warrants or police documentation of items seized
  • Charging documents
  • Bail papers
  • Dates and times of future appearances
  • A police report, if you can get one
  • Your driver’s license or ID
  • Any records of prior arrests or convictions

Arizona Criminal Law FAQs

Trying to navigate the courts or the criminal justice system on your own can be confusing and frightening. The more you know about your rights, including your right to legal counsel, the more likely you are to handle the situation appropriately and obtain a good result. Below are answers to frequently asked questions about Arizona criminal law, including search and seizure issues, DUI breath tests, immunity agreements, and more. If you have other questions or are facing arrest and prosecution in Phoenix or surrounding areas, call Blumberg & Associates at 602-277-6180 to speak with a Board-Certified Criminal Law Specialist.

How serious is a charge of assault?

Everyone should consider a criminal charge as “serious.” Some assault charges in Arizona are much more serious than others. Matters involving deadly weapons or “serious” physical injury may result in felony charges instead of less serious misdemeanor charges. If the allegation involves the use or even “display” of a deadly weapon or “dangerous instrument,” the State will file an allegation of “dangerousness” which will require mandatory prison if there is a conviction. Always ask the police to speak to a lawyer before you make a statement that may incriminate you. Whether the matter involves a misdemeanor or a felony you should seek a qualified, expert attorney to help you with your case.

Will I be facing jail or prison for assault?

If you are charged with a misdemeanor you will not be sent to prison because misdemeanors are not prison eligible. Misdemeanor prosecutors may, however, seek jail (up to 6months). Felony assault charges involving allegations of serious physical injury or of the use or exhibition of a deadly weapon or dangerous instrument, on the other hand, involve mandatory prison if convicted. A skillful attorney may be very successful in fighting your case. Many people have viable defenses to assault cases, including self-defense, or defense of others. There are many varied types of charges of assault and aggravated assault, which can range from a knowing touching, intended to insult or provoke someone, to pointing or shooting guns. Whether you are facing misdemeanor or felony assault charges, a qualified criminal-defense attorney will have an important role in assisting you.

Can I lose rights for an assault conviction?

Not only could you be facing a jail or prison sentence for an assault charge, but you could lose your job, your right to vote or to ever possess firearms. You may also lose out on job promotions, educational opportunities and other government services. You might even be evicted from an apartment or home rental. If convicted, you will be subject to a no-contact order with the alleged victim. You should always consult an experienced criminal defense attorney regarding a criminal charge of assault or aggravated assault to address these types of matters.

Do I have to let the police search me if they don’t have a warrant?

The 4th Amendment to the Constitution protects you against unreasonable search and seizure. In general, this means the police must have probable cause to search you, and often they must have a warrant. However, the Supreme Court has allowed warrantless searches in many cases, such as when evidence is in plain view, searches incident to a lawful arrest, “hot pursuit,” “exigent circumstances,” and others, including a general automobile exception.

Another exception to the warrant requirement is when police have your consent to search. It’s important to understand whether the police are ordering you to submit to a search or asking your permission. You are under no obligation to consent to a search, and there is rarely, if ever, a good reason to give your consent.

If the police order you to submit to a search, interfering with them could lead to charges of obstruction of justice. Instead, make sure your criminal defense attorney knows all the details surrounding the search. If we believe the search was unreasonable, we’ll work to get the evidence suppressed or have the charges dropped or the case dismissed.

Can I refuse to take a blood-alcohol (breathalyzer) test if I’m stopped on suspicion of drunk driving?

If you refuse to take a breath test when required by the arresting officer, your driver’s license will be suspended for one year if it’s the first time you refused a test or two years if you refused a test within the last seven years. This suspension is carried out administratively by the MVD and is effective even if you are never convicted of DUI. Plus, the police may just go and get a warrant and make you submit to a test anyway.

If you refuse to take the test, you’ll have 15 days to challenge the suspension by requesting a hearing with the MVD. At the hearing, you could argue the police did not have grounds to stop you or test you, that they didn’t warn you of the consequence of a refusal, or they didn’t notify you of your right to challenge the suspension.

Note that this law only applies to a chemical test of your blood, breath or urine; it does not apply to so-called Field Sobriety Tests (FSTs). FSTs are tests such as the one-leg stand, walk-and-turn, and others. These tests are generally subjective and non-scientific (only three FSTs are considered validated by the NHTSA). FSTs are basically designed for you to fail, so the police can say they have the grounds to arrest you and force you to take a chemical test. You are within your rights to refuse to take field sobriety tests, and you will not lose your license over a refusal to take them.

How does the state decide if a minor will be tried in juvenile court or adult court?

The juvenile courts have jurisdiction of minors up to age 17. Being tried in juvenile court instead of adult court is always preferable, but it is not always available. Some charges must be filed in adult court for a minor aged 15 or older. These charges include murder, armed robbery, forcible sexual assault, and others. Additionally, the prosecutor has discretion on whether to file certain other offenses in juvenile court or adult court. These cases include all Class 1 and Class 2 felonies, along with certain other felonies, if the accused was 14 years old or older at the time of the offense.

Even when a case is filed in juvenile court, the judge in some instances has the authority to transfer the case to adult court, regardless of the age of the defendant. The accused is entitled to an advisory hearing and juvenile transfer hearing to determine probable cause and whether public safety is best served by a transfer. Phoenix criminal defense attorney Bruce Blumberg can represent your child in these hearings and argue to keep the case in juvenile court. Likewise, we can argue for a case filed in adult court to be transferred to juvenile court where appropriate.

Once a juvenile is tried as an adult, the minor will continue to be tried as an adult if arrested for any subsequent charge, regardless of the offense.

What is the difference between a sex offender and a sex predator in Arizona?

You can be labeled a sex offender for committing any one of 22 different sex offenses listed in the Arizona statutes. As a sex offender, you are required to register with the county sheriff wherever you live, and the sheriff distributes a flyer throughout the neighborhood with your picture and address on it and also notifies area schools, prospective employers and others.

If you are serving a sentence as a sex offender, before your release you may be reviewed against a set of criteria to determine whether you are a “predator.” If found to be a “violent sexual predator,” instead of being released after your sentence, you could be confined to the Arizona State Hospital through a civil commitment procedure. This confinement is for an indefinite period until you are one day determined to be eligible for release into society. For this reason and others, you should take any sex crime arrest very seriously and seek the advice of an experienced criminal defense lawyer immediately.

Is it okay to talk to federal agents if they have granted me immunity from prosecution?

Federal agents may seek your cooperation in an investigation, or you may be summoned to appear before a grand jury regarding a federal criminal offense. Cooperating with the government may be beneficial, but it may be in your interest to negotiate immunity from prosecution. Immunity means that the government will not be able to use any of your testimony against you, even if it tends to incriminate you. Before you agree to give testimony, make sure you understand what kind of immunity you have been granted, and have a written immunity agreement negotiated or reviewed by your attorney. There are different types of immunity (Use Immunity, Derivative Use, Transactional or Blanket Immunity), and you may not be as fully protected as you think you are by a grant of immunity.

Make Your First Call be to Blumberg & Associates after a Phoenix Arrest

Before you phone your family or talk to the police, make your first call be to an experienced and successful criminal defense attorney who can advise you of your rights and immediately take charge to help you get the best result after an arrest for any misdemeanor or felony offense. Call Phoenix criminal defense attorney Blumberg & Associates for advice and representation from a Board-Certified Specialist in criminal law who has helped thousands of clients in situations like yours. Call 602-277-6180, or contact us online.

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