Felony Defense Lawyer in Phoenix, AZ

When Phoenix Police investigate something Arizona law treats as a felony, the city's own court and prosecutor drop out. Phoenix Municipal Court's published list of what it does not do includes felonies, and the city prosecutor's office brings only misdemeanors. Felonies go to MCAO, the Maricopa County Attorney's Office, as the department's victim pamphlet notes, and Superior Court hears them at one of two downtown addresses, the Central Court Building (201 W. Jefferson St.) or the South Court Tower (175 W. Madison St.). Confirm the building on your current notice. In this county, a felony never makes a stop in a justice court.

MCAO brings most state felonies. A smaller set goes to the Arizona Attorney General instead, which tends to happen when the conduct reached into other counties, when a state agency did the investigating, or when MCAO passed the matter along. The Superior Court steps below are the same either way, and we handle these matters whichever office brought the charge.

Before anything is charged, an MCAO prosecutor reviews the Phoenix Police report. Some people are charged within a day of booking. Others go home, hear nothing for weeks and then receive a summons, or a warrant if a judge doubts they would appear. That waiting period is often when defense counsel has the most room to put overlooked facts and mitigation in front of the prosecutor.

A felony booking leads to the County Initial Appearance Court, inside the ITR facility on South 28th Drive, with calendars that the Sheriff's Office lists every three hours starting at 2:00 a.m. Rule 4.1 sets a 24-hour outer limit for that hearing, after which the person must be released. MCAO says the judge reviews the felony allegations, advises on the right to an attorney, sets release conditions and schedules the next settings. Adult Probation's Initial Appearance Unit reports on prior convictions and runs a Public Safety Assessment, and the judge then orders release on recognizance, a bond or continued custody.

Conditions from ITR apply the moment the person walks out. Adult Probation says they can include Pretrial Services supervision with drug and alcohol testing, no contact with an alleged victim, staying away from the alleged scene, and an ankle monitor. A secured bond is paid in person only, at the Sheriff's Bond and Fine Room inside the Fourth Avenue Jail, and the court cautions that release after payment can take up to 24 hours. MCAO's guide adds that a person held without bond may be released after 48 hours if no direct complaint has been brought.

Avoiding jail is not the same as avoiding a conviction. A felony conviction takes away the right to possess a firearm until that right is restored, and the record can follow someone into hiring decisions, professional licensing, apartment applications and, for anyone who is not a U.S. citizen, immigration review. Many first-time felonies without a dangerous allegation are eligible for probation, but probation follows a conviction. The routes that avoid a felony conviction are different ones: a dismissal, a completed diversion agreement or, for a class 6 felony, misdemeanor designation.

The investigation. A patrol officer often writes the first report, and detectives from bureaus such as Violent Crimes, Property Crimes, Drug Enforcement or Family Investigations may take the follow-up: records requests, video, crime lab results and, often, a request for an interview. You can decline the interview and have the detective speak with your attorney.

Status conference and preliminary hearing. On a direct complaint, MCAO describes the status conference as its first opportunity to settle the case through a plea. If that does not happen, a preliminary hearing follows: the prosecutor must show probable cause, and the judge either holds the person for trial or dismisses.

The grand jury route. Many Maricopa felonies go to a grand jury instead, a panel of randomly selected citizens that hears only what the prosecutor presents. It may indict, sometimes on charges that differ from the complaint, or find the evidence insufficient, and an indictment cancels the status conference and preliminary hearing. If the presentation was legally deficient or left out clearly exculpatory evidence, the defense can ask for a remand for a new finding of probable cause.

Early Disposition Court. Superior Court uses this calendar for drug cases, lower-level felonies and other cases suited to a quick resolution with early treatment, and MCAO says plea and sentencing are often combined there. Speed can help, but a decision made there is hard to undo, so the evidence review cannot wait.

Arraignment. After an indictment or a direct complaint, the person hears the charges, is reminded of the right to counsel and enters a plea, and the court sets a pretrial conference and a trial date.

Pretrial work. MCAO says an initial pretrial conference before a commissioner usually follows within 45 days of arraignment. Most of the defense work happens in this stretch: disclosure arrives, witness lists are exchanged, motions are argued and settlement conferences are held. Unlawful stops, warrantless searches, defective warrants and unwarned statements can lead to suppression.

Trial. The State must prove each charge beyond a reasonable doubt, and a verdict must be unanimous. Only a small share of cases reach a jury, which is part of why preparing as though yours will can matter at every earlier stage.

Dangerous and repetitive allegations. A dangerous offense allegation under A.R.S. § 13-704 means mandatory prison if admitted or proven, and historical prior felony allegations can move a case into the repetitive ranges under § 13-703. Either can raise the sentencing floor without changing the charge, and whether an older conviction still counts is a legal question worth testing early.

Sentencing. Where the judge has discretion over the penalty, Adult Probation's Presentence Division usually prepares a report on the case and the person, with victim statements, a risk assessment and a recommendation. Work history, treatment, family responsibilities and restitution already paid belong in that process, and they take time to document.

Victims and restitution. MCAO says a person named as a victim may attend trial, settlement conferences and change of plea hearings and may speak to the court about a plea and at sentencing. On a conviction, the court must order restitution to the victim for the full economic loss.

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. On a felony, that includes the grand jury transcript, the lab reports and the release order. We take felony 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.

Office: 4455 E. Camelback Rd., Suite C250, Phoenix, AZ 85018. Meetings are by appointment.