Phoenix Criminal Attorney

Have you been charged with a crime in Phoenix?

When you have been charged with a crime in Phoenix, you may be feeling a number of different emotions. At the Jon M. Martinez Criminal Law Group, we understand that facing a crime in Phoenix can lead to stress, confusion, fear and anxiety and we will use our expertise in criminal law defense to help ease your fears and put you in the best position possible to win your case.

Attorney Jon M. Martinez is a former major crimes prosecutor who knows what it takes to help you win your case. Mr. Martinez has a reputation for being an aggressive attorney in the courtroom while being caring and compassionate to all of his clients. At the Jon M. Martinez Criminal Law Group, we understand that nobody wants to be defined by their worst day and we will never treat you as a case number. We believe that all people are innocent until proven guilty and that each client deserves to be treated with respect and dignity.

The Jon M. Martinez Criminal Law Group offers flexible payment plans that can fit almost any budget as we believe that a person should not be denied an excellent defense simply because it may take them longer to pay. Our clients always meet directly with an attorney and will never speak to a salesperson. Attorney Jon M. Martinez will work directly with you on your case each step of the way to make sure that you understand your rights and will fight to get you the absolute best result possible in your criminal case in Arizona.

We understand that the majority of people who call for help with their criminal case have absolutely no experience with the criminal justice system. Not knowing what to expect can cause additional fear and anxiety at a time when you need it least. We will take the time to explain exactly what you are being charged with, why you are being charged with it, what you can expect at each court date, what your possible punishments are and what we can do together to fight your case.

What can I expect if I am being charged with a misdemeanor crime?

In Arizona, there are 3 types of misdemeanor classifications, including:

Class 1 misdemeanor- A class 1 misdemeanor is the most serious misdemeanor offense and is punishable by up to 6 months in jail, 3 years of probation (5 years maximum probation for DUI offenses) and a $2,500 fine plus surcharges. Some of the most common class 1 misdemeanor offenses include DUI, driving on a suspended license, assault, disorderly conduct, criminal damage, shoplifting and theft.
Class 2 misdemeanor- A class 2 misdemeanor carries a maximum punishment of 4 months in jail, a $750 fine plus surcharges and 2 years of probation. Some of the most common class 2 misdemeanor offenses are reckless driving, assault, criminal trespassing in the second degree and criminal damage.
Class 3 misdemeanor- A class 3 misdemeanor is the lowest criminal offense, but still can carry severe punishments including a maximum of 30 days in jail, 1 year of probation and a $500 fine plus surcharges. The most common class 3 misdemeanor offenses in Arizona are a form of assault, criminal trespass in the third degree and criminal speeding.

From the moment that you walk in to your free consultation at the Jon M. Martinez Criminal Law Group, we will help ease your fear and anxiety by walking you through the steps of the criminal justice system and let you know what you can expect each step of the way.

We also know that your time is valuable. In many situations, it may be possible for your attorney to attend the majority of your court appearances on your misdemeanor case without you needing to be present. Often times in misdemeanor courts, the attorney only needs to appear in order to ask for an extension of time called a continuance in order to continue negotiations with the prosecutor, complete a thorough investigation of your case, conduct interviews or have our team of experts examine your evidence. Instead of having you miss more valuable time at work just to sit in a courtroom for hours, many courts allow your privately hired attorney to attend your court appearance on your behalf. When this is possible, you can be assured that the Jon M. Martinez Criminal Law Group will do everything possible to defend your case while keeping you up to date on all important information about your case.

What happens in court during my misdemeanor case?

When you are being charged with a misdemeanor in Arizona, the entire court process generally takes between 3 and 6 months to complete. Each case is very unique, however, and your case may take a shorter or longer time to complete. Remember, it is more important to do your case the right way instead of the fast way.

There are a number of steps that your case will go through during the court process. Again, each case is unique and your case will not necessarily follow these steps exactly, but generally speaking your case will begin with:

Arraignment- The arraignment is your first appearance before the judge. Usually this is a mere formality where you and your attorney will enter a Not Guilty plea with the court in order to later obtain discovery from the prosecutor and begin negotiations. The arraignment may also be where the judge will decide on your release conditions that can range from a bond being placed to being released to pretrial services or being released on your own recognizance.
Pre-Trial Conference- The pre-trial conferences will be the majority of your court appearances. This is one of the main opportunities where your attorney will negotiate with the prosecutor on your case, although the majority of negotiations are likely to happen behind the scenes. The pre-trial conferences are also designed for the judge to make sure that your case is progressing either to a resolution or to a trial.
Trial Readiness Conference- When your case is ready to go to trial, the judge may order a trial readiness conference or a trial management conference beforehand in order to see if there is any possible resolution to the case prior to trial or to simply set a trial date. It is likely that you would need to appear at this court appearance so that the judge is sure you are aware of your trial date.
Evidentiary Hearings- In many cases, your attorney will try to find evidentiary issues that may lead to suppression of evidence and a dismissal of your case. Some examples of this could be motions to suppress evidence based on a bad stop by a police officer or an illegal search and seizure of the evidence.
Trial- If all negotiations and evidentiary hearings fail to bring a resolution to your case, trial may be the only available option. Depending on your charges, you may either have a trial in front of a judge or a jury of your peers.

No matter your misdemeanor case, the Jon M. Martinez Criminal Law Group understands that it is important to you so it is important to us. Attorney Jon M. Martinez understands what it takes to win your misdemeanor case and will do everything possible to put you in the best position possible. Mr. Martinez will work with you on your case every step of the way so that you will never feel alone and never feel like a case number.

What can I expect if I am being charged with a felony offense?

Felony offenses are more serious charges than misdemeanors and carry substantially harsher punishments. The punishments for felony offenses for a person with no prior felony convictions include:

Class 6 felony- Class 6 felony carries a maximum punishment of 2 years in prison, 3 years of supervised probation and a $150,000 fine and surcharges. Class 6 felonies can include charges such as possession of drug paraphernalia, resisting arrest, aggravated DUI, theft and possession of marijuana.
Class 5 felony- A class 5 felony offense carries a maximum punishment of 2.5 years in prison, 3 years of supervised probation and a $150,000 fine and surcharges. Some examples of class 5 felony offenses include theft of a credit card, unlawful flight from law enforcement, criminal damage, theft and aggravated assault on a police officer.
Class 4 felony- For class 4 felony offenses, the maximum punishment is 3.75 years in prison, 4 years of probation and a fine of $150,000 plus surcharges. Class 4 felony offenses include aggravated DUI, possession of narcotic drugs, possession of dangerous drugs, misconduct involving weapons, forgery, identity theft and burglary.
Class 3 felony offense- A class 3 felony offense is punishable by up to 8.75 years in prison, 5 years of probation and a $150,000 and surcharges. Examples of class 3 felony offenses include theft of a motor vehicle, aggravated assault, possession of marijuana for sale, theft, burglary, aggravated robbery and trafficking stolen property.
Class 2 felony offense- A class 2 felony offense is punishable by up to 12.5 years in prison, 7 years of probation and a fine of $150,000 plus surcharges. Class 2 felony offenses include possession of narcotic drugs for sale, possession of dangerous drugs for sale, manslaughter, aggravated assault, sexual assault, child prostitution, armed robbery, assisting a criminal street gang, burglary, discharging a firearm, theft and fraudulent schemes.
Class 1 felony- A class 1 felony offense is the most serious crime a person can be charged with and is reserved for murder charges only. A class 1 felony carries a minimum of 25 years to life and has a maximum penalty of the death penalty

You've been charged with DUI in Phoenix, should you hire an attorney?

This is one of the most common questions that any attorney will get from potential clients. The most common concern is whether hiring an attorney is worth the cost, and the answer is absolutely. Driving Under the Influence of alcohol or drugs is a serious crime in Arizona as our state has some of the strictest penalties in the country. You are facing mandatory jail time for every single DUI conviction and the monetary penalties alone can cause a huge financial burden to you. The fact is, DUI cases in Phoenix are among the most difficult and complicated cases there are. An experienced and aggressive DUI defense attorney will help find every single flaw in your case and this will put you in the best possible position to win your case.

Many times, hiring an experienced DUI attorney will be able to save you more money than what you paid for the attorney's services. For example, if you are charged with a DUI in Arizona, you now have to pay to go to jail. Seriously! The average cost of your jail stint will be $200 for the first day and $100 per day after that. If you are charged with a super extreme DUI, the minimum jail sentence you would receive if found guilty would be 45 days in jail. That is $4,600 in jail costs alone not to mention the extra fines and surcharges that are required. If your attorney is able to avoid a super extreme DUI, you could easily save over $10,000 in addition to not spending months in a jail cell.

The first question that always should be asked on a DUI case is why were you stopped? In Arizona, a police officer cannot simply pull a person over because he wants to or because he has a hunch. Rather, they must have a reasonable suspicion that a traffic violation has occurred or that criminal activity is afoot. The reason why the stop is such an important issue is because if the stop is deemed by the judge to be unconstitutional, then the rest of the evidence will be suppressed and your case will be dismissed. One example of an unconstitutional stop is if the police officer pulls a person over because they happened to drift into another lane one time. Arizona courts have decided that all people, whether under the influence or not, happen to drift into another lane at times and have declared that a single violation of the lane laws is not enough for a police officer to pull a person over. If you believe that you were pulled over for an unfair reason, you may be right and you may be able to get your case dismissed even before trial.

There are many other ways that an experienced DUI attorney in Phoenix can help you with your DUI case. Only after a thorough and in depth investigation of your case will you be able to know all of the possible flaws in the prosecutor's case against you. Interviews need to be conducted on every case in order to expose these flaws. We also have a team of expert witnesses that we may use to either re-test your blood sample for possible flaws in the alcohol reading or testify at trial on your behalf.

At the Jon M. Martinez Criminal Law Group, attorney Jon M. Martinez specializes in DUI crimes and will do everything possible to put you in the best position to win your case. We know that your time and your money are valuable and we will never take your case unless we truly believe that we can help you. We have flexible payment plans to help you in your time of need and we will always provide you with the personal attention you deserve.

What can I expect to happen in court throughout my case?

If you are charged with a felony crime in Arizona, you have the absolute right to an attorney throughout the entire process of your case. When you are facing the possibility of huge fines and a lengthy term in prison, it is vital that you hire an attorney with a great knowledge of the law and the ability to take the knowledge and apply it inside of the courtroom. Attorney Jon M. Martinez has spent years defending his clients in felony matters ranging from possession of marijuana to first-degree murder and has a proven track record of success. The Jon M. Martinez Criminal Law Group will work with you every step of the way during your case in order to ensure that you understand the criminal justice system and to provide you with the best opportunity to win your case.

While each case is unique, Phoenix felony courts will generally follow a standard procedure towards moving your case to a resolution or trial, including:

Non Witness Preliminary Hearing- In the majority of felony cases, your case will begin in the lowest level called the RCC or Regional Court Center. This lower level will give your attorney the first opportunity to examine the initial police reports and discovery and obtain your first plea offer from the prosecutor. The discovery, however, is often limited at this stage and your attorney will not be able to interview witnesses.
Arraignment- If you do not accept the initial plea offer from the State, you will have your case head to a higher level trial group. Before it gets there, however, the court must make sure you are aware of your charges and this is accomplished at the arraignment hearing.
Pre-Trial Conference- Often times in felony cases, pre-trial conferences are held to make sure that the State has provided all of the discovery needed to investigate your case and to find out the witnesses that the prosecutor may call against you. In between pre-trial conferences, negotiations will continue with the prosecutor and interviews will be conducted by your attorney. Your attorney may also hire expert witnesses on your behalf in order to ensure that you get the very best defense possible.
Evidentiary Hearings- In many cases, your attorney will try to find evidentiary issues that may lead to suppression of evidence and a dismissal of your case. Some examples of this could be motions to suppress evidence based on a bad stop by a police officer or an illegal search and seizure of the evidence.
Settlement Conference- A settlement conference may be necessary if there is no resolution to your case before trial. A settlement conference is essentially a way for an unbiased judge (and one who will not be your trial judge) to get a brief overview of your case from both the defense and the prosecutor and give you an honest opinion of whether you should look into taking a plea offer or perhaps recommending to the prosecutor that they give you a better plea offer.
Trial Management Conference- A trial management conference is conducted shortly before a trial and it is designed to make sure that all evidentiary issues are settled and to choose trial dates for your trial.
Trial- All felony trials are conducted before a jury of your peers. Depending on the severity of your case and the maximum punishment you are facing, your trial will either be a jury 8 or a jury of 12 members.

Phoenix Criminal Defense Lawyer

At the Jon M. Martinez Criminal Law Group, we understand that being charged with a criminal offense can be the scariest thing you ever experience. Attorney Jon M. Martinez will use his experience as a former prosecutor to help you every step of the way and he is determined to fight to protect your rights and get the best result possible for your misdemeanor or felony case.

We provide dedicated, personal service at affordable prices and a flexible payment plan when needed. Do not be treated as just another case number and do not risk your freedom by fighting your case alone. For a free consultation, call the Jon M. Martinez Criminal Law Group today and find out how we can help you. We are available 24 hours a day, 7 days a week at (480) 745-1572 or you can email attorney Jon M. Martinez directly at Jonm.Martinez@gmail.com.

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