Residential Burglary Lawyer in Tempe, AZ

A home burglary investigation in Tempe can start without any officer on scene. Tempe Police accept burglary reports through the department's online system for non-emergency incidents that happened in the city and away from the ASU campus, and the department reviews each one. A resident who comes home to an open slider may submit a report the same evening, and the suspect may not hear anything until a detective calls days later.

Tempe's Investigations Division lists a Property Crimes Unit within its Major Crimes Section, and the department lists a Forensic Services Unit; the pages do not say who handles what. Prints, shoe marks and doorbell video often figure in these cases.

If you are arrested, Arizona Rule of Criminal Procedure 4.1 requires an initial appearance within 24 hours. For someone jailed by the county on a felony, that first hearing is at the Intake, Transfer and Release facility, 2670 S. 28th Dr., Phoenix, where the judge sets release terms, often including staying away from the home and its residents.

Residential burglary never goes to Tempe Municipal Court. The Maricopa County Attorney's Office reviews the police report and decides whether to charge, and a case moves into Maricopa County Superior Court by grand jury indictment or after a preliminary hearing. Hearings are downtown in the Central Court Building, 201 W. Jefferson St., or the South Court Tower, 175 W. Madison St. Confirm the building on your current notice. On a felony, the right to appointed counsel attaches.

Before charging, a lease or a message thread can sometimes explain an entry; a lawyer decides whether and how to share it.

Were you allowed in? Keys, leases, an invitation by message or past overnight stays can all point to permission. In shared housing near campus, who could grant it is often unclear.

What was the intent? The State usually argues intent from circumstances. Going in to get your own things, to find someone or to talk is different from intending a theft or felony, and the evidence should be read with that in mind.

Is it a residential structure? A detached storage unit or a house still being built may not qualify, which changes the degree.

What do the prints prove? Contact at some point, not timing, and an independent examiner can recheck the lab's comparison.

Was a weapon really possessed? First degree needs knowing possession during the theft or felony, not just a knife somewhere in the house.

How was evidence gathered? Interviews, phone searches and roadside identifications have rules; a breach can support suppression.

Avoiding jail is not the same as avoiding a conviction. Any burglary conviction is a felony, so Arizona bars firearm possession until the right is restored (A.R.S. § 13-3101(A)(7)(b)), and federal law bars it for crimes punishable by more than a year (18 U.S.C. § 922(g)(1)). First degree burglary is listed as a serious offense (A.R.S. § 13-706(F)(1)(i)); a set-aside does not restore gun rights after a serious offense (A.R.S. § 13-905(O)), a dangerous offense cannot be set aside (§ 13-905(P)(1)), and neither can be sealed (A.R.S. § 13-911(O)). Noncitizens should get immigration advice before any plea (8 U.S.C. § 1227(a)(2)).