Criminal Trespass Lawyer in Tempe, AZ

Most Tempe trespass cases are made on the spot. A manager, guard or resident calls, an officer arrives, and the person is gone or still arguing about whether they had to leave. A citation at the scene is common; its appearance date is the arraignment at Tempe Municipal Court.

Second and third degree trespass are always misdemeanors, and some first degree forms are too. On a Tempe Police report, city prosecutors in the City Attorney's Criminal Division generally handle those counts at 140 E. Fifth Street. A not guilty plea leads to a pretrial conference, sometimes held virtually.

Trespass inside a home, or in a posted critical public service facility, is a felony handled by the County Attorney in Superior Court downtown (Central Court Building or South Court Tower; confirm the building on your current notice). A trooper's or deputy's citation may go to a county justice court; the paperwork names it.

Rentals near the university turn over constantly, and Tempe Police run Crime Free Multi-Housing training for apartment managers. What the manager believes about your right to be there tends to end up in the report. On ASU property, ASU Police have jurisdiction.

Watch for two add-ons: a release term to stay away from a property, and a DV designation when the home belongs to a former partner or relative. Follow those terms exactly.

Was there a real request? Who asked, what they said, whether they controlled the property and how long you had all matter, and body camera video often shows it better than the report.

Did you know? The State must prove awareness. An unexpired lease, a roommate's invitation or an uncollected key can bear on that.

Was it the right degree? A common area, garage or patio may not be a residential structure or fenced yard, and the degree changes the class and sometimes the court.

Stores open to the public differ: taking displayed goods during business hours, outside restricted areas, is not an unlawful entry, and is treated as shoplifting.

Do not assume the court will appoint you a lawyer. Arizona Rule of Criminal Procedure 6.1(b) entitles an indigent defendant to appointed counsel in a proceeding that may result in punishment by loss of liberty. In misdemeanor court, the prosecutor can avow that no jail will be requested and the judge can rule that no jail will be imposed, and once that happens, there is no right to appointed counsel at all. Arizona's Court of Appeals upheld exactly that in Campa v. Fleming, 134 Ariz. 330 (App. 1982), on a class 1 misdemeanor carrying up to six months in jail, for a defendant who was on probation and facing immigration consequences.

Avoiding jail is not the same as avoiding a conviction. A felony trespass conviction takes away the right to possess a firearm under Arizona law until restored (A.R.S. § 13-3101(A)(7)(b)) and triggers the federal bar for crimes punishable by more than a year (18 U.S.C. § 922(g)(1)). Probation on a DV-designated trespass also bars possession for its duration (§ 13-3101(A)(7)(d)). If you are not a citizen, talk with an immigration lawyer before any plea (8 U.S.C. § 1227(a)(2)).