Articles Tagged with ARIZONA ROBBERY LAWYER ROBBERY LAWS PENALTIES

Winning Defense Arguments used by top rated Maricopa County DUI or Criminal Defense Attorneys to Modify Release Conditions in your favor.

You or someone on your behalf should consult a criminal or DUI defense lawyer in Scottsdale as soon as possible if you have been arrested or taken into custody. Here is just one reason why: Following your arrest for DUI or other Criminal Charges in Maricopa County you will remain in police custody until you appear before the Maricopa County Court Judge who will read you your formal complaint, rights, and pre-trial release conditions.

The Maricopa County Court Judge’s release conditions should meet the standard of A.R.S. Criminal code Rule 7 requirement of “onerous” (or the least burdensome) initial pre-trial release conditions based on your charges and factors that surround it. If these initial release conditions are too harsh, or unreasonable, you should retain the services of an experienced criminal lawyer who defends criminal, Drug, or DUI charges in Maricopa County. Your Maricopa County Criminal defense Attorney can file an immediate motion while you are still in custody, to modify your release conditions. They will present compelling arguments, and remind the Maricopa County Judge, and prosecution of the Arizona Rule 7 “onerous” standards. The intent of the standard is that it is of a necessary nature only to secure attendance at future court appearances or trial, and that based on the charges, your release does not pose a threat or harm to the community.

Below are 10 of many arguments your attorney may use and the Maricopa County Court will consider in your defense if they apply, in order to honor your Maricopa County criminal attorney’s request to modify your release conditions. This list is not all inclusive:

1) You have a serious medical condition or disability that requires special or constant medical attention or treatment.
2) Financial hardship that will be imposed upon your family, especially if you are the sole provider.
3) Lack of anyone to care for your children while you are in custody, especially if you are a single parent with no other alternatives for their care and supervision.
4) You are the sole care giver to a disabled, ill or elderly family member.
5) Longevity of your residence in Arizona. Strong ties to your family, home, job, in order to illustrate that you are not a “flight risk”.
6) Name and relationship of another responsible, stable person to whom you can be released to for supervision, who will assure your attendance at future court appearances for which you are required to attend.
7) Your willingness to give up any passports that would allow you to flee the United States, or some other type of assurance that you are not in a position to leave the state of Arizona.
8) Lack of financial resources to make bail.
9) You have no prior criminal record or convictions.
10) Nature of the charges for which you were arrested, were not violent. You did not harm or intend to harm anyone. And your release from police custody does not pose as threat to society.

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Winning arguments used by experienced criminal Attorneys to request modification of your pre-trial release conditions from Scottsdale AZ Custody.

Following your arrest for DUI or other Criminal Charges in Scottsdale AZ you will remain in police custody until you appear before the Scottsdale Court Judge who will read you your formal complaint, rights, and pre-trial release conditions.

The Scottsdale Court’s release conditions should meet the standard of A.R.S. criminal code rule 7 which requires the Judge to issue orders that are the least “onerous” (or the least burdensome) initial pre-trial release conditions based on your charges and factors that surround it. If you feel the release conditions are too harsh, or unreasonable in nature, you should retain the services of an experienced Scottsdale criminal lawyer. Your Scottsdale Criminal Attorney can file an immediate motion while you are still in custody,
To modify your release conditions. They will present compelling arguments, and remind the Scottsdale Judge, and prosecution of the Arizona rule 7 “onerous” standard. The intent of the standard is that it is of a necessary nature only to secure attendance at future court appearances or trial, and that based on the charges, your release does not pose a threat or harm to the community.

Below are 10 of many factors the Scottsdale Court will consider in your defense in order to honor your Scottsdale criminal attorney’s request to modify your release conditions. This list is not all inclusive:

1) Medical conditions or disabilities that require special or constant medical attention or treatment.
2) Financial hardship your family will suffer, if you are the sole provider.
3) Lack of anyone to care for your children while you are in custody if you are a single parent with no other alternatives for their care and supervision.
4) You are the sole care giver to a disabled or ill family member.
5) Length of residence in Arizona and your strong ties to your home, job, family life in Arizona to argue that you are not a “flight risk”.
6) Name and relationship you have to another stable and responsible person to whom you can be released to, and who will assure your attendance at future court appearances for which you are required to attend.
7) Your willingness to give up any passports that would allow you to flee the United States.
8) Lack of financial resources to make bail.
9) You have no prior criminal record or convictions.
10) Nature of your crime was not violent, you did not harm or intend to harm anyone and your release does not pose as threat to society.

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How Good Phoenix Criminal Attorneys get your Pre-trial Release Conditions Modified

Following your arrest and detention you will have an initial appearance before the Phoenix Court Judge. At this time, the Phoenix Court judge will advise you of your pre-trial release conditions. The Judge will let you know if and upon what conditions your release will be allowed. This includes if bail will need to be posted and the bail amount. The judge will also tell you if you are bondable or not. The judge considers many factors before making this decision including classification, misdemeanor or felony, severity of the crime, prior criminal history, flight risk potential and many other factors.

If you feel your release conditions are too harsh, unreasonable, financially unobtainable, or burdensome, your will need to retain an Arizona criminal defense attorney who will immediately file a motion to request modification of your pre-trial release conditions Therefore, if you have been arrested in Phoenix, you or someone on your behalf should consult an Arizona criminal defense attorney who defends criminal charges in Phoenix AZ on a regular basis as soon as possible to discuss your charges, defense options, and modification of your pre-trial release conditions from custody in Phoenix AZ.

Modifications your attorney requests depends upon what release conditions were ordered by the judge. Some modifications your Phoenix Criminal Attorney may request include but are not limited to lowering the bail bond to a reasonable amount; allowing you to be released on your own recognizance; allow an appearance bail, or allow you to be released to home confinement with ankle bracelet security.

When you meet with your Attorney who will be defending your criminal charges and requesting modification of your release conditions, be sure you communicate in detail your concerns about the initial orders and how they will impact you, your family, your job, your financial situation. Your attorney will then formulate compelling arguments and file the appropriate motions with the Phoenix court on your behalf.

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CRIMINAL DEFENSE FOR ROBBERY CHARGES ARIZONA
How Top Rated Criminal Attorneys Defend Robbery and Armed Robbery Charges in Arizona
Arizona Robbery or Armed Robbery Charges
Arizona robbery and armed robbery offenses are prosecuted very aggressively. If you face active charges or were arrested in Arizona for robbery or armed robbery you should consult an experienced Arizona criminal defense attorney who defends cases in the Arizona Court as soon as possible to defend your charges.

The difference between burglary and robbery is that the act of burglary is an offense of forced entry or unlawful entering a building, residence, business or vehicle with the intent to commit or comment a felony theft within the structure.

All Arizona robberies or armed robberies are charged as felonies. A crime is considered a robbery when the accused uses force, intimidation, or fear as a means of taking control of certain property from someone.

Armed Robbery is the same as robbery, with the added factor of the accused being armed with a weapon such as a firearm, or other weapon to gain control of the property from a person or place. Many objects can constitute a weapon and fall within the category of “armed robbery”. For example a broken glass bottle, a baseball bat, knife, or other objects which may or may not have been made for its intended use as a weapon.

Robbery or Armed Robbery Penalties Arizona
Arizona Robbery and armed robbery charges must be taken serious. The penalties are severe and convictions treated with harsh sentencing in the Arizona courts.
If you are convicted of a “dangerous crime” (this is the case if a dangerous weapon is involved or used) the judge will order mandatory prison terms. If weapons are involved, someone is harmed, or even imminent threat of harm occurred, penalties can be doubled form the normal non-dangerous felony sentence range. Robbery sentencing carries a wide minimum and maximum range from 1 year up to 21 years or more in prison depending on the circumstances of each criminal count charged for the incident. Other fines, fees, restitution, or any other punishments the court deems necessary on top of minimum penalties may apply.

Arizona Laws – Robbery and Armed Robbery
Arizona Revised Statutes (A.R.S.) Title 13, Chapter 19, Robbery begins with the following citations:

13-1901 Definitions:
In this chapter, unless the context otherwise requires: 1. “Force” means any physical act directed against a person as a means of gaining control of property. 2. “In the course of committing” includes any of the defendant’s acts beginning with the initiation and extending through the flight from a robbery. 3. “Property of another” means property of another as defined in section 13-1801. 4. “Threat” means a verbal or physical menace of imminent physical injury to a person.

13-1902. Robbery; classification
A. A person commits robbery if in the course of taking any property of another from his person or immediate presence and against his will; such person threatens or uses force against any person with intent either to coerce surrender of property or to prevent resistance to such person taking or retaining property. B. Robbery is a class 4 felony.

13-1903 Aggravated Robbery
A. A person commits aggravated robbery if in the course of committing robbery as defined in section 13-1902, such person is aided by one or more accomplices actually present. B. Aggravated robbery is a class 3 felony.

13-1904 Armed Robbery
A. A person commits armed robbery if, in the course of committing robbery as defined in section 13-1902, such person or an accomplice: 1. Is armed with a deadly weapon or a simulated deadly weapon; or 2. Uses or threatens to use a deadly weapon or dangerous instrument or a simulated deadly weapon. B. Armed robbery is a class 2 felony.”
Arizona Robbery or Armed Robbery Defense Tactics | Criminal Defense Attorney
If you are under investigation, been arrested, have active charges of Robbery or Armed Robbery in Arizona, you should immediately consult an Arizona criminal defense or Arizona Robbery or Armed Robbery lawyer to discuss your situation and defense options. You should not discuss your case the police or investigators before consulting a good criminal defense attorney or Robbery or Armed Robbery lawyer in Arizona. Anything you say can be held against you and jeopardize your defense. You should remain silent and politely request to speak with your criminal attorney as soon as possible.

Top Arizona criminal attorneys or Robbery or Armed Robbery defense Attorneys may use a multitude of defenses depending on the circumstances surrounding your Arizona robbery charges or arrest. Below are just a few examples of defenses a good Arizona criminal attorney might use as tactical defense strategies for robbery charges (This list is not inclusive):

• There are generally only a few witnesses to a robbery or armed robbery if any besides the victim. A good robbery or armed robbery defense attorney will challenge the State and make them prove the identity of their suspect, and thus be able to weaken the Arizona prosecution’s case against you.
• You have constitutional rights under both State and Federal Law. If any of them were violated, evidence may be suppressed or even lead to charge dismissal.
• Experienced Attorneys, particularly former prosecutors, have critical insights into police procedures, protocol, prosecution tactics and strategies that may be used by police and prosecutors. Those attorneys will be able to use that knowledge to assist in defending your case, getting evidence dismissed, charges reduced, or robbery charges dismissed if proper procedures were not followed or misconduct by police occurred.
• Experienced robbery defense attorneys will challenge evidence such as surveillance tapes to with regard to whether or not it was in fact the right person arrested.

In sum, robbery or armed robbery charges in Arizona are risky to go at alone as far as trying to defend your self without qualified criminal legal representation through the criminal justice system. In theory, the laws state that you are “innocent until proven guilty”. But in practicality, without a good Arizona criminal defense attorney, the police and prosecution will not look for your innocence, flaws in the prosecutions case, see strength in your arguments, or bother to listen to your story without the formal defense of an Arizona Criminal Defense Attorney. The prosecutions job is to convict you. The judge will not provide empathy or favor. The judge will rarely if ever show you favor or empathy to dismiss your case. They must comply with the procedures and protocol required by standards in the Arizona Courts. They can only ruling on legal motions, presentation of legal arguments through recognized channels, or follow the jury verdict if trial ensues.

With an experienced criminal defense attorney or robbery defense lawyer you will have a voice that is heard in the system, with compelling arguments, defense strategies, and an increased chance of getting your robbery charges dismissed, reduced, or otherwise the best outcome in your case.

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