Phoenix Criminal Defense

Criminal law and criminal defense in Phoenix, Arizona can be extremely complicated. When individuals do not know their rights, they often contribute to the case against them. It is unfortunate that, while most people know how to provide emergency medical care, they do not often understand the basic laws that can have a dramatic effect on their freedom and their futures.

Even the most law-abiding citizens should know what can happen during an arrest and how to protect their rights.

Before the official arrest

From the moment you are stopped, you can be questioned and even searched by police, but you do have certain rights, even before your Miranda rights are read as part of an arrest:

• Pre-arrest questioning: Although you should always remain polite, you are not required to answer police questions during a stop. While your answers at this point are technically not allowed to be used against you in court, even an innocent response can serve to incriminate yourself. Self-incrimination is not required under the law.
• Searches: Arizona law states that a search warrant is required for police to conduct a search — however, warrantless searches are permitted under certain circumstances. For example, they can search your vehicle if you are arrested in that vehicle. When the police have neither a warrant nor grounds for a warrantless search, they can search you or your property if you give them permission to do so. You are not required to give this permission.

After the arrest

Your constitutional rights protect you once you are placed under arrest. These rights are called Miranda rights, which should be read to you at the time of your arrest, and they guarantee you the right to remain silent, and the right to an attorney.

The success of your Phoenix criminal defense often rides on your observation of your Miranda rights. Once you receive Miranda rights, anything you say to law enforcement or other officials can be used against you during your trial. This is why it is so critical to take advantage of your right to an attorney. Phoenix criminal defense attorneys remain at your side during questioning to ensure all questions are legally permitted and to advise you on how to respond. Do not forget that one of your rights is to have the court appoint an attorney if you cannot afford one.

How Phoenix criminal defense lawyers can help

A skilled criminal defense lawyer helps clients through every phase of the criminal process — all the way from arrest through arraignment and trial, when applicable. Your attorney protects your rights, helps you build your defense and can even negotiate for reduced charges to avoid a stressful courtroom trial. Thrush Law Group is a leading Arizona law firm with a track record of success and the resources needed to provide referrals to the most reliable bail bond agencies.