177 N. Church Ave
Suite 312
Tucson, AZ 85701
(520) 468-6668
(602) 357-8606
(espanol)

1839 S. Alma School Road
Suite 264
Mesa, Arizona 85210
(480) 374-8747
(602) 357-8606
(espanol)

First-Time Offenders in Arizona Need a Qualified Lawyer

Being arrested in Arizona is confusing, overwhelming, and frightening for everyone, but it is especially so for first-time offenders who are not familiar with the system. If you haven’t faced criminal charges before, it is even more important to hire an Arizona criminal defense lawyer as soon as possible. He or she can make sure your rights are protected each step of the way and help you to understand your possible defense strategies. The sooner you get professional legal help, the better your chances are to maximize your options and get the best possible outcome. So even if you are just being questioned, are a suspect, or a person of interest, it is in your best interest to hire an Arizona criminal attorney.

Pretrial Diversion in Arizona

If you are a first-time offender, you may be able to qualify for pretrial diversion, which is also referred to as deferred prosecution. Many factors play a role in the State’s decision of whether a first-time offender is allowed to enter into diversion. These include, but are not limited to, the nature of the charges, the facts of the case, if the alleged victim agrees, and even where you reside. Being allowed to enter into pretrial diversion is not a right for a first-time offender, and it is not an automatic process.

So what is pretrial diversion, and why is it preferable? Instead of going into litigation, you are put into a program instead. You are not convicted of the crime. You are not taking a plea. The court is not adjudicating the case. The program you are entered into will involve certain conditions, such as attending classes or counseling. This is negotiated with your Arizona criminal defense attorney. Once you have completed the program successfully, you will receive confirmation from the state attorney that the case against you is dropped. But if you fail to complete the program, then your case will go back into the system for litigation. You can try to request placement into the pretrial diversion program again, but it’s often not an option after one failed attempt.

If you qualify for a pretrial diversion program, you will likely keep your criminal record clean because successful completion will result in the dismissal of your case. However, this does not mean that the records will simply be deleted. In order to expunge your record, you must file a petition with the court to have it removed. This can be another long and complicated legal process that requires you to meet certain pre-conditions. Your best bet is to work with a qualified Arizona criminal defense attorney who is familiar with expungement proceedings.

Withhold of Adjudication in Arizona

In some cases, you may not be able to qualify for a pretrial diversion program, but you still want to minimize the damage done to your criminal record. You will want to seek a withhold of adjudication in order to maintain a clean record once the case is done. This means that the court withheld adjudication even though you took a plea or were found guilty in court. Since you were not convicted of a crime, you will not face certain consequences and it can be much easier to have the records sealed afterwards. For example, if you receive a withhold of adjudication for a felony, then you will not lose your civil rights, such as the right to vote or the right to hold public office.

But you should be aware that a withhold of adjudication can still be used for sentencing, and it can also affect future sentences if you commit another crime.

Bond Hearings in Arizona

Many factors may affect whether the court is willing to issue a bond, such as your criminal history, the nature of the offense, the alleged facts of the case, if you have failed to appear for court, if you have what they consider to be significant ties to the community, and what risk you have of re-offending if you are released from the state’s custody. Every case is different, so to get details on your chances of getting out on bond, you should talk to your Arizona criminal defense attorney.

Get your questions answered - call me for your free, 20 min phone consultation (480) 374-8747