Felony Defense Lawyer in Scottsdale, AZ

Scottsdale's city prosecutors stop at misdemeanors. The City Attorney's Prosecution Division covers misdemeanors, plus some civil offenses, arising in the city; its page routes each state felony from Scottsdale to one of two state offices, County Attorney or Attorney General, and federal matters to the U.S. Attorney. So the courthouse on 75th Street never tries a felony. Maricopa County Superior Court does, in its downtown criminal complex 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. No justice court hearing comes first on a Maricopa felony.

The County Attorney brings most of these cases. The Attorney General's share is smaller and tends to involve conduct alleged in more than one county, an investigation led by a state agency, or a referral from the County Attorney. Our approach does not change with the office: we handle these matters whichever office brought the charge.

The evidence, though, is gathered in Scottsdale: by detectives in the police department's Investigations section, by a Forensic Services Division accredited by ANAB that compares prints, develops DNA profiles, tests suspected drugs and pulls data from phones, and by Property and Evidence on McKellips Road, which logs what was seized. A pending lab result or phone download can set the pace of a charging decision, so we ask for those records early.

The booking leaves city hands too. The city jail does not take felony warrant bonds, its page says, and a person booked on a felony moves into the county system. The first hearing after a felony booking is held at 2670 S. 28th Dr. in Phoenix, at the county's Intake, Transfer and Release facility (ITR); the Superior Court describes its Initial Appearance Court as serving people arrested anywhere in Maricopa County. Arizona Rule of Criminal Procedure 4.1 sets a 24-hour limit, measured from the arrest, for that appearance; miss it and the person goes free.

The hearing is brief. The County Attorney's guide says the judge or commissioner explains the charges and the right to counsel, sets release conditions and schedules the next dates. Under A.R.S. 13-3967, release can be on recognizance or on bail, with conditions such as travel limits, no deadly weapons or alcohol, and reporting to an officer of the court. A felony sex offense, or felony domestic violence that caused physical harm, adds electronic monitoring, where it is available, and a no-contact term.

Not every Scottsdale felony begins with a booking. Often detectives finish their follow-up and forward the case. The reviewing prosecutor can then ask detectives for more, say no, route it to some other jurisdiction, or bring charges by complaint or indictment. A complaint is normally followed by a summons, and a warrant is used where a judge doubts the person would appear. For someone held with no bond, the guide adds that release may come once 48 hours pass without a direct complaint. While a report sits in review, a defense lawyer can often give the prosecutor records and witnesses the police never collected.

Avoiding jail is not the same as avoiding a conviction. Felony probation is still a final judgment of conviction for nearly every purpose. The conviction makes a person a prohibited possessor of firearms until that right is restored, a court may suspend or revoke a state or local license, and hiring, housing and immigration review can all be affected. The routes that avoid a felony conviction are different: a dismissal, a completed County Attorney diversion program, or, for an eligible class 6 offense, designation as a misdemeanor.