Misdemeanors Versus Felonies

Q: That's very interesting. I didn't think about that. This may be going back to the basics, but misdemeanors versus felonies. Can you talk a little about what happens if you're accused of one or the other, how severe they are, and what happens when dealing with the criminal justice system?

A:Sure. Essentially, in misdemeanor cases, in the state of Arizona, there's 3 classes of misdemeanors. The maximum you can receive on a misdemeanor is six months in jail. I know that, obviously, for most people that's a lot of jail time. But, when you compare it to felonies where you can get life in prison, or the death penalty, it pales in comparison.

A:One of the things that I've noticed is that, when it comes to the misdemeanor cases as opposed to the felony cases, is that the misdemeanor cases tend to have a less structured format for representation. That's because there are so many different courts throughout the state. You have to understand that when it comes to misdemeanors, there's essentially two courts that handle them. Those are the municipal and justice courts. Each one has their own protocol and their own way of operating, and they also have their own separate policies for each court. Basically, there's not a court in the state I haven't been in, so I'm familiar with the policies of each state. I'm familiar with most of the judges in the state of Arizona. Essentially, with respect to felony cases on the state level, those are handled by superior court judged. It's more structured there. There are policies that are in place for the prosecutor's office, which would normally be on the county level, and the Attorney General's office. They have certain policies that they employ when they're prosecuting people. But the superior courts also have one presiding judge and commissioner, and they will set the rules and format for the entire county, which makes it more uniform.

Q: So, when somebody's accused of a crime, will they be able to tell right away if they're being charged with a misdemeanor or a felony?

A:No. but that's a good question. Normally, the way I handle it, and this has been, for me, the easiest way, I do a free consultation with somebody over the phone. Often, if it's a misdemeanor, I can tell pretty quickly. The problem is that many times it's not clear whether they will be charged as felonies or misdemeanors. Even if somebody has a ticket or indictment right in their hands, it doesn't mean they will have an investigation. Again, what I see is that people go and try to explain their circumstances to a police office. But, he's not their friend, and what they do is invite them to come to the police station, have them in an interview room that's both audio and tape recorded. They may or may not read them their rights, depending on whether or not they think at that time that they're a person of interest or suspect. Then they'll start to question them about a certain event or person. At that point, the questions are geared., in order to basically have the person make statements that have them incriminate themselves even if they didn't intend that, or actually aren't guilty. I've also had situations where people have come to me, and police officers have said, and I've even seen this on tapes, in an interview or place or residence, "Either say that you did this, or you're going to jail right now." So, the person, says whatever the officer wanted them to say, and then they're charged with that offense. Bottom line, if you think you're being investigated, that's when you want to contact a lawyer. That's when I can do the most good prior to their being any charged filed.