Federal Crimes Lawyer in Tempe, AZ

Three prosecuting offices can touch conduct that happens in Tempe. The City Attorney's Criminal Division prosecutes misdemeanors arising in the city. The Maricopa County Attorney's Office, and for certain matters the Arizona Attorney General, charge state felonies. Federal crimes belong to a third office entirely: the U.S. Attorney's Office for the District of Arizona, at Two Renaissance Square, 40 N. Central Ave., Suite 1800, Phoenix, AZ 85004. We handle these matters whichever office brought the charge.

The U.S. Attorney's Office does not run investigations of its own. Its prosecutors review evidence that agencies bring them, including the FBI, DEA, ATF, Homeland Security, Customs and Border Protection, ICE, and tribal, state and local police. That last category includes departments like Tempe's. The Tempe Police Department's recruiting page lists "State and Federal Task Forces" among the special assignments available in its Investigations Division, so a Tempe detective may be working alongside federal agents on a given case. The city does not publish which task forces those are or what they handle.

What that means in practice: a search warrant served by Tempe officers, a traffic stop on Interstate 10, or a parcel delivered to a Tempe address can start out looking like a state matter and end up with a federal prosecutor. Because the state and federal governments are distinct sovereigns, each prosecuting office makes its own call. Most conduct ends up in one system or the other, although nothing in the law requires that, and occasionally both pursue the same events.

A federal case from Tempe is not heard in Tempe. The District of Arizona's list of court locations does not include the city, and a federal prosecution from anywhere in Maricopa County is heard at the Sandra Day O'Connor U.S. Courthouse, 401 W. Washington St., Phoenix, AZ 85003. Nova Law Group appears in the U.S. District Court for the District of Arizona.

Once federal agents make an arrest, Federal Criminal Rule 5 says the person must see a magistrate judge without unnecessary delay. A pretrial services officer usually interviews the arrested person and checks records first, then reports to the judge. The initial appearance covers the charge, the person's rights, counsel and custody. A plea comes later, at an arraignment once an indictment or information is filed.

Federal judges do not use a bond schedule. Custody decisions come from the Bail Reform Act, 18 U.S.C. 3142. The judge may release a person on personal recognizance, on an unsecured appearance bond or on conditions, or may order detention after finding that no condition or combination of conditions will reasonably assure the person's appearance and the safety of the community. Possible conditions include living under the eye of a responsible person who promises to oversee the defendant and tell the court about any violation, and staying away from firearms. The statute flips the starting point in two kinds of cases: where the judge finds probable cause of a federal drug offense whose maximum is at least ten years, or of a 924(c) firearm offense. There the law presumes no conditions will work, and the defense bears the burden of rebutting that.

For anyone financially unable to hire counsel, the District of Arizona's Criminal Justice Act Plan supplies a lawyer, either a Federal Public Defender or a private attorney from the court's panel. Under the plan, that appointment should come as soon as feasible once someone is in custody, makes a first court appearance or is formally charged, and close calls on eligibility go the person's way. Agent interviews and searches usually come before any of those moments, which is why many people bring in a lawyer of their own earlier.

Avoiding jail is not the same as avoiding a conviction. Under 18 U.S.C. 922(g)(1), a person convicted of a crime punishable by more than a year in prison may not possess firearms or ammunition. A federal felony can surface in hiring, licensing and housing checks for years, and Arizona's set-aside and sealing process applies to Arizona convictions, not federal judgments. Anyone who is not a U.S. citizen should get immigration advice before any plea.