Criminal Law FAQs

My job is to protect your rights, explain your options, negotiate with prosecutors, and, if necessary, fight for you at trial. You should contact me immediately after arrest or if you think you’re under investigation. The earlier I’m involved, the more options we have.

• Misdemeanors are less serious crimes. Punishment can include jail up to 6 months (A.R.S. § 13-707).
• Felonies are more serious. They carry prison terms from 4 months to life (A.R.S. § 13-701). Felonies also affect civil rights, like voting or owning firearms.

Typically:
1. Arrest → taken into custody.
2. Initial appearance → judge advises you of charges and rights.
3. Bail/bond hearing → judge decides release conditions.
4. Preliminary hearing/grand jury → determines if enough evidence exists.
5. Arraignment → you enter a plea.
6. Pretrial phase → motions, discovery, negotiations.
7. Trial (if no plea).
8. Sentencing (if convicted).

All you have to to do is identify yourself with an ID, name, and date of birth. You have the right to remain silent under the Fifth Amendment and A.R.S. § 13-117. Always ask for a lawyer before answering questions.

• To remain silent.
• To an attorney (A.R.S. § 13-114).
• To know the charges against you.
• To a fair and speedy trial.
• To reasonable bail (unless capital offense).

A warrant will be issued for your arrest (A.R.S. § 13-2506–2507), your bond may be forfeited, and you may face new charges for failure to appear.

Bail is based on the seriousness of charges, flight risk, and danger to the community (A.R.S. § 13-3967). I can request a bond reduction hearing if the amount is too high.

Arizona allows record sealing under A.R.S. § 13-911 for certain cases once you complete sentencing. Arizona also allows convictions to be set aside under A.R.S. § 13-905, though it’s not the same as expungement.

A plea bargain means you plead guilty to reduced charges or penalties. Whether to accept depends on the strength of the evidence, your goals, and the risks at trial. I’ll guide you through the pros and cons.

• State charges are prosecuted under Arizona law (A.R.S. Title 13).
• Federal charges are prosecuted in federal court under U.S. Code. Penalties are often harsher, and procedures are stricter.

A conviction can affect employment, professional licenses, or immigration. Felonies are especially damaging, but even misdemeanors can create issues with background checks.

Because early intervention allows me to protect your rights, preserve evidence, challenge illegal police conduct, and influence charging decisions before they’re finalized.

Bring your police paperwork, bond documents, court notices, and any evidence or witness information.

Honesty. I need every detail, even things you think hurt your case. Surprises in court are dangerous.

I have many years of experience defending clients under Arizona’s criminal code. With Lerner and Rowe Law Group, you'll have access to a combine 55 years of experience handling all types of cases.

My practice focuses primarily on criminal defense, including DUIs, felonies, and misdemeanors.

I regularly handle DUIs, drug offenses, domestic violence, theft, and serious felonies.

Yes. I know how prosecutors and judges operate in Maricopa and other counties and this helps in negotiation and trial strategy.

I prepare for trial from the beginning. That preparation often leads to better plea offers, but I’m always ready to fight in court and have done so successfully many times.

I weigh the strength of the evidence, risks of conviction, sentencing exposure, and your goals. The final choice is yours, but I’ll give you clear advice.

Every case is unique, but I’ve secured dismissals, reduced charges, and favorable plea agreements in many cases.

I explain your options in plain language, summarize complex laws, and let you make informed choices without drowning in technicalities.

Through continuing legal education, court updates, and professional associations focused on Arizona criminal defense.

My fee covers representation. If we need experts, investigators, or independent testing, those are extra but always discussed in advance.

Free consults, no charge.

We offer payment plans and discounts.

Most criminal lawyers charge flat fees as it tends to be easier for us to focus on representation rather than billing.

I’ll provide regular updates after hearings and whenever major developments occur.

You’ll work directly with me, though my staff may assist with scheduling or paperwork.

Typically within the same day, always within 24 hours.

At every key step: hearings, motions, negotiations, or trial preparation.

Whatever works best for you. Most clients prefer phone or email for quick updates.

Yes. If evidence is weak, unconstitutional, or unreliable, I can push for dismissal or a reduction.

• Charged: prosecutor files a complaint or information.
• Indicted: a grand jury finds probable cause and issues formal charges.

• Probation (A.R.S. § 13-901): Court allows you to avoid prison but follow conditions.
• Parole (In Arizona it is referred to Community Supervision): Early release from prison under supervision.

Loss of civil rights, employment barriers, immigration consequences, higher penalties for future crimes.

Call me immediately. Do not speak to police without representation.

Yes. Without a warrant, you may refuse consent. (A.R.S. § 13-3925 governs illegal searches).

Miranda rights protect against self-incrimination. If not read, your statements may be suppressed (A.R.S. § 13-117).

No. The police are not there to help you. Even innocent answers can be twisted. Always speak through counsel.

• Arraignment: Enter a plea of "not guilty".
• Preliminary hearing: Judge decides if enough evidence exists for charges to persist.
• Pretrial conference: Discuss evidence, motions, and potential plea deals.

Yes. False accusations can be exposed through investigation, cross-examination, and evidence presentation.

Dress professionally like you would for an interview. Be respectful, quiet, and attentive.

Yes, unless the case is too close to trial and the court denies the switch.

Public defenders are assigned when you can't afford to hire your own attorney. Private attorney is an attorney of YOUR CHOICE that is working for you.

Not unless you choose to. The decision is yours, and I’ll advise whether it helps or hurts you.

Yes. Courts often consider treatment as an alternative to harsh sentencing.

Yes. Judges consider prior history when sentencing. First-time offenders often face lighter penalties.

Attorney–client privilege ensures what you tell me stays both privileged (it can't be used in court) and confidential.

Arizona doesn’t expunge most records, but A.R.S. § 13-911 allows for record sealing in many cases. Setting aside a conviction (§ 13-905) is another option.

Yes. If errors occurred, I can pursue appeals, post-conviction relief (Rule 32/33 petitions), or motions to modify sentencing.