Articles Tagged with tempe arizona criminal defense attorney

What Experienced Tempe Criminal Attorneys Can Do to Get Your Release Conditions Modified (Pre-trial)

After your Tempe arrest and detention you will have an initial appearance before the Tempe Court Judge. The Tempe Court judge will advise you of your pre-trial release conditions. They will let you know if and upon what conditions your release will be allowed. For example, whether or not you are bondable, what if any amount of bail needs to be posted, and whether or not you can be released from custody. The judge looks at many factors before making this decision including classification of the charge such as o, misdemeanor or felony, severity of the crime, if the charges involved a violent crime, your past criminal record if any, whether or not you are a potential “flight risk”, and many other factors. The goal of the court is to secure your appearance for future court dates or trial.

If your release conditions seem to be harsh, unreasonable, financially unobtainable, or burdensome, your will need to retain an Arizona criminal defense attorney. A good Tempe criminal attorney will immediately file a motion to request modification of your pre-trial release conditions. This can be done while you are in custody. Either you or someone on your behalf can consult a Tempe criminal defense lawyer to discuss your charges, defense options, and services of your Attorney’s request to modify your pre-trial release conditions from custody in Tempe AZ.

Modifications your attorney requests depends upon what release conditions were ordered by the judge. Some modifications your Tempe 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 another responsible entity’s custody, home confinement with ankle bracelet security, and other more favorable conditions than initially ordered by the Tempe Court.

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 Tempe court on your behalf.

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Defenses Tactics used by the Best Disorderly Conduct Attorneys in Tempe AZ to Fight Disorderly Conduct Charges

Disorderly Conduct Charges Tempe, AZ
Tempe Arizona Disorderly conduct charges are also known as “disturbing the peace”. If you have been arrested or charged with any disorderly conduct charges in Tempe, AZ, you should consult an Arizona criminal defense attorney or disorderly conduct defense attorney who defends cases in Tempe Court as soon as possible. You will be able to discuss your charges and defense options. Most Tempe criminal defense attorneys will provide a free consultation.

Some of the best disorderly conduct Attorneys in Arizona agree that this offense is over used and is often charged when the Tempe police when they can’t find anything else to charge you with, and they are annoyed with you. From a defense standpoint, most criminal defense and disorderly conduct defense attorneys in Scottsdale find that most of facts of the alleged “disorderly conduct” are over stated or exaggerated by law enforcement or police who arrested or charged you for disorderly conduct.

There are a number of behaviors that the Tempe AZ Police view as disruptive behavior and that will lead to charges or arrest for disorderly conduct in Tempe, AZ. These can include, but are not limited to the following intentional acts: Fighting with others or engaging in combative behavior; Making “unreasonable” noise; Cursing, loud, abusive, or offensive language to another person for the purpose of provocation or other reason; Engaging in behavior that disrupts business operations; Refusing to leave an area as directed by officials (for instance: the scene of a fire or emergency); Recklessly handling, or displaying a firearm or other dangerous weapon to intentionally provoke, intimidate, or make someone fear that harm to them is imminent.

Tempe AZ Disorderly Conduct Laws
If you were charged or arrested in Tempe Arizona, your charges will fall under the authority of the Arizona laws.

Disorderly Conduct in Arizona can be found beginning under Revised Statutes – A.R.S. Arizona Disorderly Conduct Law “ARS 13-2904. Disorderly conduct; classification”.

Disorderly Conduct Penalties in Tempe Arizona
Generally a disorderly conduct misdemeanor charge is categorized as a Class 1. A Class 1 misdemeanor is the highest level of misdemeanor (just below a felony) under Arizona Law. Sentencing may include up to 6 months incarceration in prison, and fines of $2,500.

Depending on the circumstances, a basic, disorderly conduct charge with no aggravated factors do not justify punishments of the maximum sentence. However, no any disorderly conduct conviction may include jail time, probation, fines, fees, and other penalties the judge deems appropriate including counseling and community service.
Disorderly conduct charges that include use of a firearm or other dangerous weapon will elevate the charge to a class 6 felony.

Felony disorderly conduct convictions carry a maximum punishment of one year in prison. You would also possess a criminal record which labels you as a convicted felon. Penalties less than the maximum may include jail, probation, fines, fees, counseling, and other penalties the Arizona judge deems necessary based on your circumstances.
Disorderly Conduct Defenses used in Tempe AZ
Below are just some defense strategies that a criminal defense attorney who defends disorderly conduct charges in the Tempe Arizona Court may use to build your defense case. This list is not all inclusive:

1)You were attempting protect someone against harm or injury, who was unable to protect themselves;
2) Wrong person charged – This often applies when groups of people are involved or multiple persons are involved in gatherings such as civil assemblies that turn violent)

3) No witnesses, no evidence, no video, audio, or other evidence to prove you displayed disorderly conduct;
4) You acted under threat, provocation or intimidation;
5) The evidence, audio or video disproves or contradicts police allegations
6) Police brutality;
7) No other justifiable reason for charges, other than the police officer was annoyed with you;
8) You were exercising your right to “free speech” under the Constitution in an approved location, in an appropriate, orderly and peaceful fashion;.

9) The police were not aware you suffer from a physical or mental impairment that caused you to appear to have “a bad attitude”, with no proof or other justification;
10) Actions were in self – or in defense, defense of home, property, or family
11) Violations of Your Arizona State or U.S. Constitutional Rights;
12) Objective witness statements overwhelmingly contradict the police officers statements;
13) The police officer has a history of disciplinary actions in similar circumstances.

14) Someone else started the altercation;
15) your actions were not committed “with intent to disturb the peace or quiet of a neighborhood, family or person or with knowledge of doing so…” as required by A.R.S. 13-2904. Disorderly conduct; classification…”

Tempe AZ Disorderly Conduct Attorney
An experienced Tempe AZ criminal defense or disorderly conduct attorney will conduct a thorough investigation of all the facts to determine if the charge was justified or not. In many cases there will be flaws or weaknesses in their case. This offense is often used as a “catch all” excuse for the police to subdue, charge, or arrest you. It is usually very subjective in nature.

As a result, a good Arizona disorderly conduct or criminal defense lawyer in Tempe Arizona will attempt to find flaws and weaknesses in the prosecution’s case, and present compelling arguments in your defense. Retaining an experienced Arizona disorderly conduct attorney will greatly increase your chances of getting your disorderly conduct charges dismissed, reduced, or otherwise the best outcome in your case.

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