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Tempe stolen property and retail theft defense

Stolen Property and Retail Theft Lawyer in Tempe, AZ

Every receipt, video and report gets a second look.

Perhaps you sold a used laptop to a Tempe pawn shop, bought an electric scooter near campus for a fraction of its sticker price, or were stopped outside a store with a bag the officer said was meant for resale. Weeks later a detective wants to know where the item came from. Questions like that are often the opening of a felony investigation, and the dollar value of the item does not set the limit on how serious it can become.

We can help. Nova Law Group was built by a former Maricopa County Attorney's Office felony prosecutor. We prepare every case as if it is going to trial, and we take a meticulous, aggressive approach, fighting from every angle, because the report is only one side of the story.

Talk to us before you talk to anyone else. Call (480) 405-6767. Consultations are free and confidential, and the earlier we are involved, the more we can do.

The charges

The Tempe records behind a stolen property case

First court date

Within 24 hours of an arrest. On a felony booking into the county jail, release conditions are set at the jail court, 2670 S. 28th Dr. in Phoenix.

Misdemeanor

The Tempe City Attorney's Office, Criminal Division, brings it in Tempe Municipal Court, 140 E. Fifth Street.

Felony

The County Attorney brings it in Superior Court in downtown Phoenix, 201 W. Jefferson St. or 175 W. Madison St.

Other agencies

A DPS or Sheriff's case can be assigned to a county justice court. The citation names the court.

Tempe licenses its own pawnbrokers. The city's pawnbroker license page requires a Tempe license, renewed every year, and fingerprints from every owner so that Tempe Police can complete a background investigation. The same page says a separate charge on each transaction is collected by LeadsOnline and managed by the police department. For someone who pawned an item, that means the sale may sit in an electronic record the department can see, with the item description and the seller's identification attached.

Bicycles and scooters have their own trail. Tempe Police partner with Project 529 Garage for bike and scooter registration, which owners can do online or through the app, and the department says registration significantly improves the chance of getting stolen items back to their owners. A registered bike listed for sale, or found at a traffic stop, can therefore connect quickly to a theft report. Reports themselves are easy to make: Tempe's online list includes shoplifting, theft and theft of a bicycle, for incidents inside the city that did not happen at Arizona State University.

Detectives work out of the Investigations Division, where the Major Crimes Section includes a Property Crimes Unit; the city does not describe that unit's work. The Technical Services Bureau adds a Crime Analysis and Intel Center for pattern work and a Property and Evidence unit, which stores what officers seize and documents each transfer. When several thefts share a buyer, a vehicle or a storage unit, analysts and detectives can link them into one case.

The charges are defined by what the State says you intended. Trafficking, under A.R.S. 13-2301, means selling, transferring or otherwise passing stolen property to someone, or acquiring it with the intent to do that. Recklessly trafficking is second degree trafficking in stolen property, a class 3 felony under A.R.S. 13-2307. First degree, a class 2 felony, is reserved for someone who knowingly plans, finances, runs or supervises the theft and the trafficking together. Organized retail theft under A.R.S. 13-1819 is removing merchandise from a store without paying, intending to resell or trade it, or using an artifice, container or device to help remove it, and it is a class 4 felony for one person or a group, whatever the merchandise was worth.

A narrower path stays local. If you are accused only of keeping something you knew or had reason to know was stolen, with no plan to pass it on, that can be charged as theft under A.R.S. 13-1802(A)(5), which is graded by value. When the item is valued under $1,000 and Tempe Police wrote the report, the city prosecutors generally bring that misdemeanor in the Fifth Street courthouse. A DPS or Sheriff's Office case can be assigned to a Maricopa County justice court instead; check the court on your paperwork.

Felony charges go to the Maricopa County Attorney's Office in most cases. The Arizona Attorney General's Office takes some retail theft and trafficking matters, often where the alleged ring operated in more than one county or a state agency built the case. We handle these matters whichever office brought the charge. After a felony booking into the county jail, the first hearing is at the Intake, Transfer and Release facility, 2670 S. 28th Dr., Phoenix, within the 24 hours Rule 4.1 allows, and release terms in a retail case can include staying out of named stores.

Avoiding jail is not the same as avoiding a conviction. A trafficking or organized retail theft conviction is a felony, which makes a person a prohibited possessor under A.R.S. 13-3101 until the right is restored, with a separate federal bar. A.R.S. 13-603(C) requires restitution for the economic loss the court determines. An organized retail theft conviction also counts among the prior offenses in A.R.S. 13-1805(I) that can turn a later shoplifting into a class 4 felony. Jobs in resale, retail and cash handling can be affected, and a person who is not a U.S. citizen should get immigration advice before any plea.

Stolen Property and Retail Theft Lawyer in Tempe, AZ

Tempe stolen property and retail accusations

  • Trafficking in the first degree, aimed at the person said to be running the operation.
  • Organized retail theft, built on intent to resell or trade, or on a bag, tool or other device used to get goods out.
  • A pawn transaction recorded through LeadsOnline that detectives match to a theft report.
  • A bicycle or scooter traced through a registration or a serial number.
  • Holding a stolen item without intent to sell, charged as theft and graded by value.
The charges

From a match to a charge

  1. Identification

    A serial number, a registration record, an engraving, a store sticker or a photo in an online listing can tie an item to a report. Ordinary merchandise without unique marks is harder to connect to one particular theft, so the way each piece was identified deserves scrutiny.

  2. The detective's questions

    The usual question is where you got it and what you paid. Those answers go directly to recklessness and knowledge. Under 13-2305, three facts can each support an inference that a person was aware of the risk, unless satisfactorily explained: having the goods soon after they were stolen, paying or charging far below fair market value, and a dealer buying outside its usual way of doing business. A calm explanation through counsel tends to be better than a nervous one at the door, and you can decline to answer until you have talked with a lawyer.

  3. The paper trail

    Keep everything: listings, chat threads, payment app records, receipts, the seller's profile and any pawn slip. Those records can explain a normal purchase. Deleting them can look much worse than anything they contain.

  4. The charging decision

    Once the report reaches the County Attorney, a prosecutor can charge it, decline it or return it for more investigation. That review is a chance to put the seller's identity or proof of a legitimate purchase in front of the State. Felony diversion (see Tempe felony diversion) is sometimes available, but only if the prosecutor offers it.

  5. A misdemeanor in Tempe Municipal Court

    When a low-value theft charge stays local, the first date is on the citation or complaint, and the court explains that a guilty or no contest plea can lead to immediate sentencing. Program options for a city case are covered in the diversion question below.

  6. Superior Court

    A charged felony is heard downtown, at the Central Court Building, 201 W. Jefferson St., or the South Court Tower, 175 W. Madison St. Confirm the building on your current notice. When several people shared an apartment or a car where items turned up, presence alone does not prove that any one of them trafficked anything.

  7. The result

    Neither 13-2307 nor 13-1819 bars probation on its own terms, and A.R.S. 13-901 lets a court place an eligible person on probation. Returning property and addressing restitution can matter in negotiations, and the loss figure is often worth checking item by item.

Stolen Property and Retail Theft Lawyer in Tempe, AZ

Tempe places where these cases begin

Tempe's retail centers draw shoppers from across the region, among them Tempe Marketplace, where Loop 101 meets Loop 202, and Arizona Mills off Interstate 10 at Baseline Road, alongside grocery and drugstore centers on Rural Road, McClintock Drive and Southern Avenue. Downtown Mill Avenue mixes shops with student traffic from the ASU Tempe campus, where bikes, scooters, phones and laptops change hands constantly. Pawn and resale shops sit along arterials such as Apache Boulevard, and many sales happen through apps with meetups in parking lots.

On university property, ASU Police are a full-service department with original jurisdiction, and Tempe's online report form does not take incidents that happened at ASU. Campus discipline through the Dean of Students is a separate track from the court case. The court printed on your citation or summons controls where you appear.

Stolen Property and Retail Theft Lawyer in Tempe, AZ

A former prosecutor and a flat fee

Ryan Tait at his desk in the Nova Law Group office on Camelback Road
FounderRyan TaitFormer Maricopa County Attorney's Office felony prosecutor
UCLA School of Law, J.D.Meet Ryan →Our team

Nova Law Group was built by Ryan Tait, a former Maricopa County Attorney's Office felony prosecutor. The practice is criminal defense first. We keep caseloads deliberately low, which means the lawyers on your case have time to actually watch the video and read the reports line by line. In a Tempe stolen property case, that means the pawn record, the listing, the payment trail and the store's loss prevention report. We take stolen property cases to trial when trial is the right pressure. Overcharging happens, and a case that is genuinely prepared for trial changes the conversation with the prosecutor. Most criminal cases are quoted as a flat fee. Consultations are free and confidential.

Former felony prosecutorBuilt by a former Maricopa County Attorney's Office felony prosecutor.
Low caseloadsTime to watch the video and read the reports line by line.
Ready for trialA case prepared for trial changes the conversation with the prosecutor.
Flat feeMost criminal cases are quoted as a flat fee. Consultations are free and confidential.
Our office

Meet us on Camelback Road

Office: 4455 E. Camelback Rd., Suite C250, Phoenix, AZ 85018. We have one office, and Tempe clients see us there by appointment.

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Resources

Tempe courts and official links

Where a Tempe case is heard depends on the charge and the agency. Some offices are in Tempe and some are in Phoenix. Each card has directions and the official website, so you can check details before you go.

Jail court

Initial appearance court (Intake, Transfer and Release)

The first court date after an arrest, within 24 hours. Release conditions, including any no-contact order, are set here.

2670 S. 28th Dr., Phoenix, AZ 85009
City court

Tempe Municipal Court

Tempe misdemeanors and criminal traffic cases, from arraignment to trial. Monday to Friday, 8 a.m. to 5 p.m. Phone (480) 350-8271.

140 E. Fifth Street, Tempe, AZ 85281
Prosecutor

Maricopa County Attorney's Office

Decides felony charges in Maricopa County and prosecutes them in Superior Court.

225 W. Madison St., Phoenix, AZ 85003

Laws cited on this page

Common questions

Tempe stolen property questions

Hold off on describing the sale by phone. Tempe licenses pawnbrokers, and the city says each transaction carries a LeadsOnline charge managed by Tempe Police, so the detective may already have the transaction details. Gather what shows how you got the item: messages with the seller, receipts, payment records. Then let a lawyer decide what, if anything, should be said. Trafficking turns on recklessness or knowledge, and early statements often become the main evidence.

Not automatically. Buying stolen property is not trafficking unless you meant to sell or pass it on, though keeping something you knew or had reason to know was stolen can be charged as theft. A price far below fair market value can support an inference of awareness if it is not satisfactorily explained. Keep the listing and the chat, and do not resell the scooter. A registration record may already link it to the owner.

Yes. Under A.R.S. 13-1819 it is a class 4 felony regardless of value, and it applies to someone acting alone. Prosecutors have to show a plan to resell or trade the goods, or that a container, tool or similar article helped carry them out. A shoplifting stop at a Tempe store can be charged this way, so ask a lawyer before you talk about what you planned to do with the items.

Only if it is charged as a misdemeanor. Trafficking and organized retail theft are felonies, prosecuted mostly by the County Attorney in Superior Court downtown. Keeping a stolen item worth under $1,000, charged as theft from a Tempe Police report, can generally stay with the city prosecutors on Fifth Street. Your citation or complaint names the court.

Sometimes. On a city misdemeanor, Tempe Municipal Court points to City Prosecutor's Office programs for some offenses, explained at arraignment, and Tempe Community Supervision handles diversion once the court or prosecutors refer someone after a misdemeanor arrest. No published Tempe list says which theft charges qualify. For a felony, the County Attorney may offer a diversion program in some cases. In both places the prosecutor decides, so an early, documented account of the purchase can help when the question comes up.

Seized items are tracked by the department's Property and Evidence unit under chain of custody, and anything held as evidence can stay there until the case allows release. Proving ownership of your own belongings, with receipts or serial numbers, can help separate them from items the State says are stolen. Your lawyer can raise the request with the prosecutor rather than you contacting detectives about the case directly.

Stolen Property and Retail Theft Lawyer in Tempe, AZ

Before you explain where it came from

Phone (480) 405-6767. A detective's voicemail about a pawn sale, a store stop written up as organized retail theft, or a Fifth Street date on a theft citation are all reasons to call today.

Nova Law Group, PLLC, 4455 E. Camelback Rd., Suite C250, Phoenix, AZ 85018. Monday to Friday, 8:00 a.m. to 6:00 p.m., by appointment.

Client reviews

Hear What Our Clients Say

From our Google reviews, plus Yelp and Avvo. These are clients’ own words, reproduced from our review profiles.

★★★★★

“These guys are the best attorneys in all of Arizona. It is definitely the most professional group of lawyers… I recommend this firm!”

Local G.Google
★★★★★

“Sydney was extremely thorough regarding every single detail of my criminal case… it ultimately resulted in a clear and powerful win for my case.”

Avvo clientAvvo
★★★★★

“They fought tirelessly for my case and helped me achieve a favorable outcome. Exceptional service and results.”

K.C.Yelp
★★★★★

“The firm provided me with the most professional legal representation possible. Mr. Ryan Tait patiently explained… beyond my expectations.”

Joe K.Google
★★★★★

“The best law firm that I have ever dealt with. The amount of passion & commitment that they dedicated for my case… truly what separated them from other law firms.”

Kristie G.Yelp
★★★★★

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Tina W.Google
★★★★★

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Jarrod B.Google
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★★★★★

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★★★★★

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Juan R.Google, translated from Spanish

Past results do not guarantee a similar outcome.

Reseñas de clientes

Lo que dicen nuestros clientes

De nuestras reseñas en Google, además de Yelp y Avvo. Son las palabras de nuestros clientes, tomadas de nuestros perfiles de reseñas y traducidas del inglés.

★★★★★

“Son los mejores abogados de todo Arizona. Sin duda es el grupo de abogados más profesional… ¡Recomiendo esta firma!”

Local G.Google
★★★★★

“Sydney fue sumamente minuciosa con cada detalle de mi caso penal… al final, eso resultó en una victoria clara y contundente para mi caso.”

Cliente de AvvoAvvo
★★★★★

“Lucharon incansablemente por mi caso y me ayudaron a lograr un resultado favorable. Servicio y resultados excepcionales.”

K.C.Yelp
★★★★★

“La firma me brindó la representación legal más profesional posible. El Sr. Ryan Tait me explicó con paciencia… más allá de mis expectativas.”

Joe K.Google
★★★★★

“La mejor firma de abogados con la que he tratado. La pasión y el compromiso que dedicaron a mi caso… es lo que realmente los distinguió de otras firmas.”

Kristie G.Yelp
★★★★★

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★★★★★

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★★★★★

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★★★★★

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★★★★★

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★★★★★

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★★★★★

“Excelentes abogados… y su honestidad y eso que me ayudaron que yo no vivo en Arizona”

Juan R.Google, en español original

Los resultados anteriores no garantizan un resultado similar.

Talk to a Tempe criminal defense lawyer

If you have been arrested, charged, or contacted by a detective in Tempe, the decisions you make in the first few days matter. We defend misdemeanors in Tempe Municipal Court and the justice courts, and felonies in Maricopa County Superior Court downtown.

Free, confidential consultation: (480) 405-6767

Prefer not to call? Send us your case details and a member of our team will follow up with you.

Tempe courts

  • Tempe Municipal CourtMisdemeanors and criminal traffic cases from inside Tempe. Monday to Friday, 8:00 a.m. to 5:00 p.m.140 E. Fifth St., Tempe, AZ 85281Court website Directions
  • Justice courtsSome DPS and Sheriff's Office misdemeanors. Your citation names the court.Find your court
  • Maricopa County Superior CourtFelonies, at the downtown criminal court complex.Central Court Building, 201 W. Jefferson St., and South Court Tower, 175 W. Madison St., Phoenix, AZ 85003Court website Directions

Our office: Nova Law Group, PLLC, 4455 E. Camelback Rd., Suite C250, Phoenix, AZ 85018. Monday to Friday, 8:00 a.m. to 6:00 p.m., by appointment. Directions

RecognitionReconocimientos

Awards and ratingsPremios y calificaciones

  • Martindale-Hubbell AV Preeminent 2024
  • Phoenix Magazine Top Lawyer 2023
  • NACDA Nation’s Premier Top Ten Ranking 2023
  • The National Trial Lawyers Top 100
  • The National Trial Lawyers Top 40 Under 40
  • Super Lawyers Rising Stars, Sydney Oshinski
  • Avvo Rating 10.0 Top Attorney, Ryan Tait
  • NACDA Nation’s Premier Top Ten Ranking 2022
  • Avvo client reviews, Ryan Tait
  • Avvo Clients’ Choice Award, Sydney Oshinski
  • Avvo client reviews, Sydney Oshinski
  • Avvo client reviews, Alexis Brooks
  • Avvo Clients’ Choice Award 2017, Ryan Tait

Awards and ratings reflect the standards of the organizations that issue them. They do not predict the outcome of any case.Los premios y las calificaciones reflejan los criterios de las organizaciones que los otorgan. No predicen el resultado de ningún caso.