Kidnapping Lawyer in Tempe, AZ

Tempe Police do not publish a unit called kidnapping. The Investigations Division lists a Violent Crimes Section and, separately, a Major Crimes Section whose units include Critical Investigations, Family Crimes and the Special Victims Unit. The Special Victims Unit's own page includes sexually motivated offenses in what it investigates; the other units are named without a description. In practice, the rest of the allegation (a partner, a child, a robbery, a weapon) tends to decide which detectives follow up after patrol writes the first report. On Arizona State University property, ASU Police, with original jurisdiction over Board of Regents land, may be the agency instead.

The city's prosecutors are not the ones who decide this charge. The Tempe City Attorney's Criminal Division prosecutes misdemeanors in Tempe Municipal Court, and kidnapping under A.R.S. 13-1304 is a felony in all of its forms. Unlawful imprisonment under 13-1303 is a class 6 felony too, unless the person was released voluntarily, unharmed, in a safe place and before any arrest, which lowers it to a class 1 misdemeanor. Most of these cases therefore go to the Maricopa County Attorney's Office. A smaller share of state felonies belongs to the Attorney General, for example after a county referral, an investigation by a state agency, or conduct reaching beyond one county.

Many Tempe kidnapping allegations arise inside a family or a relationship. Both kidnapping and unlawful imprisonment appear on Arizona's domestic violence list in A.R.S. 13-3601, so a DV designation can travel with the charge and shape the release order.

Charges do not always follow the arrest right away. Police can submit a report for review, and the County Attorney's published outline of the adult felony process says the reviewing prosecutor may return it for further work, decline it, refer it elsewhere, or move forward by grand jury or direct complaint. A defense lawyer involved during that review can sometimes put records, messages or witness names in front of the prosecutor before the decision is made.

A person booked into the county jail on a felony has a first hearing at ITR (Intake, Transfer and Release) on South 28th Drive, which the Superior Court lists as staffed day and night with four courtrooms. Rule 4.1 sets a 24-hour outer limit, measured from the arrest. An officer from Adult Probation's Initial Appearance Unit gives the judge criminal history and a Public Safety Assessment score before release is decided.

Release terms in these cases tend to center on the other person. Among the terms Pretrial Services (South Court Tower) can supervise are an ankle monitor, substance testing, a bar on contacting the alleged victim and an order to keep away from where the incident took place. Do not reach out to the other person for any reason, apology included, and never ask someone else to carry a message. If a condition keeps you from your home or from parenting time, your lawyer can ask the judge to revisit it.

A civil order can run alongside the criminal case. Tempe Municipal Court issues orders of protection through its Protective Orders page, and an order takes effect once it is served. After service, contact the order forbids can bring an arrest and a separate charge, whatever happens with the kidnapping case.

Avoiding jail is not the same as avoiding a conviction. A kidnapping conviction, or unlawful imprisonment charged as a felony, leaves a felony record, and A.R.S. 13-3101 then makes the person a prohibited possessor of firearms until the right is restored. Being on probation for a felony or a domestic violence offense has the same effect for as long as it lasts. Section 13-603(C) requires restitution for the full economic loss. If you are not a U.S. citizen, talk with an immigration lawyer before any plea.