WHAT TO DO IF YOU ARE CHARGED OR ARRESTED IN ARIZONA…

KNOW YOUR RIGHTS…

NEED HELP?

 

Mr Breger, Esq. – a Phoenix, Arizona criminal defense attorney with over 13 years of experience, is a firm believer that one of the greatest virtues accorded us in the United States is the relative liberty and freedom that we are able to enjoy. If you are charged with a crime you face the possibility of losing that liberty-the duration of which depends on the nature of the crime you have been charged with. Fighting to protect your liberty and to ensure that the State and police agencies do NOT violate our laws and the constitution is of the utmost importance to us at The Law Offices of Kevin Breger, PLLC.

As a former prosecutor at the Maricopa County Attorney’s Office, The Law Offices of Kevin Breger’s principle criminal defense attorney- Mr. Kevin Breger- has extensive experience in the area of criminal law and has successfully taken many cases to trial. Mr. Breger has been able to translate his experience into results for his clients with reduced out of pocket expenses in getting there (1).

Remember, the VIth amendment (2) might give you the right to be represented by counsel-it does not give you the right to be represented by diligent, effective and good counsel.

Our Phoenix, Scottsdale Arizona criminal defense law firm’s primary focus is on obtaining the best results for your Criminal or DUI case. We handle anything from misdemeanors to felonies. Arizona law states that you have a right to a defense, we believe you have the right to an excellent defense. If you are arrested or under criminal investigation in Arizona you have the right to speak to an attorney, and our criminal law attorneys are available to you 24 hours a day – just call us at (602) 682-5582  so we can help you!

We offer you a unique approach to criminal law – we only hire attorneys, not paralegals and we are dedicated to providing you the best defense your money can buy. If you or someone you love has been charged with a crime, you want the best and we at the Law Offices of Kevin Breger are just that. We strongly believe in helping our clients and their loved ones by providing them with a unique defense, exemplary personalized service, whilst having a true understanding of how overwhelming the legal process can be.

FREE Initial Consultation in the Office or by Phone with a criminal defense lawyer:

The Law Offices of Kevin Breger, in Phoenix, offer all our clients the opportunity for a FREE private consultation to discuss how we can help you or your loved one with a criminal or DUI case.

Please contact our Phoenix, Arizona criminal law office to schedule an immediate appointment. If you are unable to meet at our Phoenix office, one of our attorneys will arrange a more convenient place to meet.

We guarantee that you will only deal directly with an attorney. Our support staff support our attorneys, but our attorneys support YOU!

All inquiries are completely confidential. and there is no obligation if you contact us for free information.

(1) Mr. Breger runs and extremely efficient office which enables him to offer his expertise to his clients at rates that are more cost effective than those charged by larger law firms.
(2) U.S. Const. amend. VI.
(3) Payment plans are available on request depending on the individual circumstances and nature of the case.

What To Do If You Are Arrested in Arizona

Our attorneys in Phoenix and surrounding areas of Arizona can help you with any criminal case. If you are arrested, you have a right to speak to an attorney and our criminal defense attorneys are available around the clock to help you. If you have been arrested or are under criminal investigation, please call us at (602) 682-5582 immediately..

Arrest and Detainment in Arizona

Because you can be arrested or detained at anytime, we are available around the clock any day of the week to assist you. When you are arrested, you may be taken into custody. This means that you are not free to leave. Without being arrested, you can be detained or held for questioning for a short time if a police officer or other person believes you may be involved in a crime.

Regardless of whether you are arrested or detained, you do not have to answer any questions except to give your name and address and show some identification if requested. You can ask to speak to an attorney. Then call The Law Offices of Kevin Breger so that we can ensure that a criminal defense attorney is there to help you from the very beginning.

If you have been arrested or detained, contact our criminal defense attorneys in Phoenix, Arizona. We can help protect your legal rights and your freedom.

Frequently Asked Question Regarding Arrest

What Rights Do I Have as an Adult?

Whether you are an adult citizen or non-citizen, you have certain rights if you are arrested amongst these rights are a group of rights commonly known as your Miranda1 Rights. In terms of your Miranda Rights, the law enforcement officer should give you warnings along the following lines if you are in custody and the officer has any expectation of using incriminating statements against you. (Juvenile Miranda warnings are slightly different):

You have the right to remain silent.

Anything you say may be used against you.

You have a right to have a lawyer present while you are questioned.

If you cannot afford a lawyer, one will be appointed for you.

If these warnings are not given to you and the State subsequently tries to use these statements against you, one of the things we can do is ask the court to “suppress” the statement to prevent the State from using them against you.

If you volunteer information before being taken into custody by the police, the Miranda Rule does not apply and your statements might in all likelihood be admissible against you in court. You can also waive your Miranda rights and answer law enforcement’s questions without one of our criminal defense attorneys present. Each case needs to be assessed on its own merits to determine whether this is a wise course of action. Remember, law enforcement is trying to gather evidence against you, and this evidence includes any statements you make.

If you are arrested, ask for a lawyer then call The Law Offices of Kevin Breger immediately, and a criminal defense lawyer will try and assist you wherever you may be. The Law Offices of Kevin Breger helps clients with criminal defense needs anywhere in the greater Phoenix area, Maricopa County and surrounding counties. We can help you!

1 As first espoused in Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966)

What Rights Do I Have as a Juvenile?

As a Juvenile you have different Miranda Warnings from that of an Adult. These Miranda Warnings are:

You have the right to remain silent.
This means that you do not have to talk to me or answer my questions about this crime. You can be quiet if you wish. Do you understand this?

Anything you say can and will e used against you in a court of law.
This means that anything you tell me I can use later against you in a court of law. A court of law is a place where a person or judge will decide whether you committed a crime. A judge is like an umpire in a baseball game. He decides whether you acted in the right or wrong way. If you did something wrong you may be punished. Do you understand this?

You have the right to an attorney present prior to and during questioning.
This means, if you want one, you are allowed to have a lawyer here before nd during my questions to you. An attorney is a lawyer or person who will speak for you and help you concerning the crime which we think you have done. Do you understand this right?

If you cannot afford an attorney, you have the right to have one appointed for you prior to questioning.
This means if you do not have the money to get a lawyer, if you wish, one will be given to you free of charge before you are questioned.

Do you understand this right?
If you want to answer questions now without a lawyer present, you may. You will still have the right to stop answering questions at any time. Do you understand each of these rights?
Do you agree to give up these rights and talk to me?
Do you want to have your parent(s) or guardian(s) present during questioning?
The possibility exists that your case may be handled by an adult court. This means that a juvenile judge may decide that you do not belong in Juvenile Court because you are too old, have done a serious crime, or have done too many crimes before this one. If you are taken to adult court, you may get more punishment that you would receive in Juvenile Court.
Do you understand this?

Once I Am Told My Rights, Can I be Questioned?

After law enforcement reads you your Miranda warnings, you can be questioned without a criminal defense lawyer present only if you voluntarily give up your rights and if you understand the rights you are giving up.

Be careful – sometimes law enforcement will transition straight from advising you of your rights without actually asking you if you agree to give them up. They do this as a technique to try and get admissions from you. Anyone who is the subject of a custodial interrogation is justifiably nervous. You do not need to feel intimidated into giving up your rights! If an officer does not actually ask you if you want to give up your rights after the warnings and begins asking you about the case he / she is investigating, you do not need to be shy about telling him / her that you do not wish to answer any questions and that you do wish to exercise your rights – if that is what you want to do. Remember to always be polite, but do feel free to make it very clear that you will not answer any questions until you have had a confidential conversation with your attorney.

If you agree to the questioning, then change your mind, questioning must stop as soon as you say that you want a lawyer. If the questioning continues after you request a lawyer and you continue to talk, you might be deemed to have changed your mind about wanting a lawyer and your answers might be used against you.

Depending on the criminal case, you may be required to give certain physical evidence. For example, if you are suspected of driving under the influence of alcohol you may be requested to take a test to measure the amount of alcohol in your system. If you refuse to take the test, your driver’s license will be suspended and the refusal will be used against you in court. Do not confuse this test with a “portable breath test”, which you are not obligated to submit to.

After you have made the request to speak to an Arizona Criminal or DUI defense attorney and when you are given the opportunity, feel free to call our criminal defense attorneys in Phoenix and Scottsdale immediately at (602) 682-5582.  We are available around the clock, any day, to help you.

When Should I Seek the Advice of a Criminal Defense Attorney?
If you are arrested for a crime, we strongly recommend that you contact a knowledgeable, experienced criminal defense attorney at The Law Offices of Kevin Breger as soon as possible. Criminal defense attorneys have a better sense of what you should and should not say to law enforcement officers to avoid being misinterpreted or misunderstood. Our Scottsdale and Phoenix criminal and DUI defense attorneys can also advise you, your family or friends on the release process.
Who Can Arrest Me?

All law enforcement officers, including police officers, county sheriff officers, investigators in a county attorney’s or an attorney general’s offices and highway patrol officers, can arrest you whether they are on or off duty, in most cases. A probation or parole officer can also arrest you. If you are arrested, contact a knowledgeable, experienced criminal defense attorney at The Law Offices of Kevin Breger in Scottsdale & Phoenix, Arizona. We are available around the clock, any day, to help you.

Law enforcement can arrest you without an arrest warrant if they have probable cause or good reason to believe you committed a crime.

Regardless of whether you are charged with a felony, misdemeanor, or minor infraction, contact our criminal defense attorneys. At the Phoenix, Arizona office of The Law Offices of Kevin Breger, our lawyers are here to help you and your family around the clock, any day, we can help you!.

Can Someone Other Than a Police Officer Arrest Me?

Any person, such as a private security guard, can make a citizen’s arrest if they see a misdemeanor or a felony being committed. They also can make a legal arrest for a felony that was not committed in their presence, if in fact the felony has been committed and the person has reasonable grounds to believe that the person to be arrested committed it.

If you are arrested or detained by anyone for any reason, ask for a lawyer, then contact our criminal defense attorneys serving the greater Phoenix area for help. We are available 24 hours and we can help you!

When Is an Arrest Warrant Used?

If law enforcement arrests you with or without an arrest warrant, contact our criminal defense attorneys in Phoenix, Arizona immediately. We can help you.

Usually an arrest warrant is required before you can be taken into custody in your home. You can be arrested at home without an arrest warrant if fast action is needed to prevent you from escaping, destroying evidence, endangering someone’s life or seriously damaging property. If given the opportunity by law enforcement, contact our criminal defense attorneys immediately. We can meet you at your home or at the police station.

Try to remember the conduct of the law enforcement officers involved in your arrest. If they do anything that affects your rights, our criminal defense attorneys may use their actions to help you. If the police have an arrest warrant, ask to see it. They should allow you to read it and check for errors. If they don’t have the warrant with them, you should be allowed to see it as soon as is possible.

Once an arrest warrant is issued, any law enforcement officer in the state can arrest you, even if the officer does not have a copy of the warrant. Generally, there is no time limit on using a warrant to make an arrest.

Our criminal defense attorneys at our Phoenix law firm of The Law Offices of Kevin Breger, will inspect the arrest warrant to ensure that it is legal, valid, and enforceable. The arrest warrant must be signed by a magistrate or judge, who must have good reason to believe that you, whom the warrant names, committed a crime.

If you are arrested, do not resist, but do contact our criminal defense attorneys as soon as possible. In Phoenix and throughout Arizona, resisting an arrest or detention is a crime. If you resist arrest, you can be charged with a misdemeanor or felony in addition to the crime for which you are being arrested. If you resist, an officer can use force to overcome your resistance or prevent your escape. The officer can even use deadly force in certain circumstances.

When Can an Officer Conduct a Search?

This is an ever changing and dynamic area of the law. In general terms an officer can search, if you provide consent, or if it is pursuant to a valid search warrant. (Only within the scope of the warrant.) There are certain other circumstances, when a limited search is permissible, for example: incident to arrest or a “terry” frisk.

If you, your home or your car are searched illegally, a judge might say that any evidence found during the search cannot be used against you in court. It is important to retain competent, experienced criminal defense attorneys because if you or your lawyer do not object to the evidence before trial, the court might allow the evidence to be used even if it was seized illegally. If the judge does decide that the evidence cannot be used against you, that does not always mean that your case will be dismissed.

By involving the criminal defense attorneys of The Law Offices of Kevin Breger in Phoenix, Arizona , we can help ensure that your rights are protected throughout the search warrant process. If your rights are violated, we may be able to get the search declared illegal and have any evidenced obtained as a result of the illegal search thrown out. If you or a loved one has been or will be the subject of a search warrant, contact us now!

When Can I Be Released?

If, during the questioning and before a charge is filed, the police are convinced that you have not committed a crime, they will give you a written release. Your arrest then will be considered a detention and not recorded as an arrest.

Remember, after arrest or custodial detention, you are entitled to your Miranda warnings, which include having an attorney present while you are interrogated. Having our criminal defense attorneys present with you during questioning may aid in your release. Contact us as soon as you are arrested or detained so we can be with you during questioning.

What Are Release Conditions (Own Recognizance (O.R.); Pretrial Services; Bail / Bond)?

When you are arrested Arizona Law mandates that you appear before a Judge within 24 hours of your arrest. At this “Initial Appearance” the Judge will determine what conditions to place on your release – assuming you have been arrested and charged with an offense that is “bailable as a matter of right”. If release is an option there are various variations open to the Judge with regards to conditions. The Judge can release you on your “Own Recognizance”; or may release you if a bond is posted; or he / she may release you to “Pretrial Services”.

Own Recognizance means release without any condition of an undertaking relating to, or deposit of, security1.

Bond is the money or other security (such as real property) deposited with the court to insure that you will appear at your court hearings. The bond amount for each case is set by a schedule that is specific to each county. Involving our criminal defense attorneys with the Phoenix law firm of The Law Offices of Kevin Breger in your Initial Appearance may improve your chances for release pending resolution of your criminal case. Contact us as soon as you are arrested.

Pretrial Services release is more onerous than an Own Recognizance release since you have to report to “Pretrial Services” at various times. Pretrial Services is usually a division of the probation department who reports to the court about your compliance or lack thereof. A Pretrial Services release can also be in conjunction with other conditions, for example, electronic monitoring or drug and alcohol screening.

Because of the nuances involved in release conditions and the arguments that may be made to the court on your behalf to provide you with the best possible outcome, it is best to have experienced criminal defense attorneys with you at your Initial Appearance Hearing. We strongly recommend calling our Phoenix, Arizona based attorneys at The Law Offices of Kevin Breger to assist you through the release process. We are here to help you and will do everything we can to that end. Contact us to discuss representation. We can help you!

1 See Arizona Rules of Criminal Procedure 7.1(a)

Who Maintains Arrest Records and What Do They Include?

One of the reasons why it is important to have representation from experienced criminal defense attorneys such as those with our Phoenix law firm is because arrest and conviction records can follow you for life. Local police departments, the State Department of Public Safety and the F.B.I. in Washington keep arrest records. According to law, they cannot show them to anyone except law enforcement officers and may only show records of your convictions to certain licensing agencies, which have a right by state law to investigate your criminal background.

The arrest record includes when and why you were arrested, whether the charges against you were dropped or whether you were convicted of the charges, and the subsequent sentence imposed. Both pleading guilty and being found guilty after a trial count as convictions.

If you are convicted of certain crimes and comply with all court orders pertaining to same, you are able to have the conviction vacated and set aside. If you are convicted of certain felonies and you successfully complete probation, you can have the felony reduced to a misdemeanor on your record. Our criminal defense attorneys can help you with either of these processes.

What Happens at My First Hearing?

You have the right to have an Initial Appearance hearing without unnecessary delay – usually within 24 hours after being arrested. Our criminal defense attorneys in Phoenix & Scottsdale Arizona with The Law Offices of Kevin Breger, can discuss what will happen at this hearing with you and help you develop a strategy to make this first hearing as advantageous to you as possible. Contact us.

If you retain our services, our Scottsdale and Phoenix Arizona criminal defense attorneys with The Law Offices of Kevin Breger, will be with you at this hearing. You will appear before a hearing officer who will tell you officially of the charges against you. If you have not retained an attorney because you cannot afford one, an attorney may be appointed for you.

What Happens at the Preliminary Hearing?

At a preliminary hearing, the prosecutor must show that there was probably cause to believe the crime you are charged with was committed by you. The standard of proof at a preliminary hearing is probable cause, which is much lower than the standard of proof needed at trial (beyond a reasonable doubt). This lower standard of proof is generally much easier for a prosecutor to make. If probable cause is found, you will be bound over (held to answer) at a future trial.

The preliminary process is applied differently in the different counties in Arizona. In some counties, the county attorney representative will actually put on a hearing if you request one. In other counties, for example Maricopa County, for certain offences, if you demand a preliminary hearing, the County Attorney’s office will take the matter to the Grand Jury prior to the preliminary hearing taking place. If the Grand Jury finds probable cause (without your knowledge, because by law, it is a secret procedure) a True Bill or Indictment will be handed down against you and the preliminary hearing will be vacated and the case will move forward without a preliminary hearing. This is a means by which the County Attorney’s Office in Arizona can bypass the preliminary hearing process.

The preliminary hearing can be waived and often is as a part of legal strategy. Our criminal defense attorneys in Phoenix, Scottsdale Arizona with The Law Offices of Kevin Breger can help you decide whether or not it is in your best interest to waive the preliminary hearing. Contact us to discuss your case.