Phoenix Arizona Criminal Defense Attorney

In the wake of shocking allegations against former Penn State coach Jerry Sandusky, new issues of criminal liability have been raised against Coach Joe Paterno and other Penn State officials.

It is alleged that Sandusky’s raping and sexually abusing a 10 year old boy was reported to Paterno and university officials, though they did nothing in response. Now Paterno and others have separate criminal defense lawyers to respond to the possible criminal charges against them that they took no steps to report the abuse.

In Arizona, certain individuals, such as doctors, psychologists, social workers, teachers, clergy, and others have an affirmative duty to report child abuse and child sexual abuse if they receive information that it has occurred. Failing to make such a report could constitute a criminal offense.

Also, parents who allow another person to abuse or molest their child can be charged with child abuse under Arizona law for failing to protect them. Those convicted of the offense can receive stiff sentences, in addition to losing their parental rights.

Expect a national push to reform reporting requirements when child abuse is suspected. The federal government has already stated that those states that fail to adopt such measures may forfeit billions of dollars in federal funding.

The recent sexual abuse scandal at Penn State, involving allegations that long time coach and defensive coordinator Jerry Sandusky abused, raped, and molested young boys came as a shock to people around Phoenix, Arizona and throughout the United States. But as the shock wears off, there is a serious case to defend and the need for an experienced criminal defense attorney to defend it.

Although details of the allegations are still sketchy, some assessment of the defense to be raised by Sandusky’s criminal defense attorney are evident. Allegedly, an eyewitness saw Sandusky raping a boy in a shower. Numerous other victims have now come forward making similar allegations of criminal behavior.

Any eyewitness is subject to bias and misperception. A serious issue exists as to why the witness did not report the sexual abuse which she saw in a timely manner to the proper authorities. And if he did report it to the proper authorities and did not get a sufficient response, why didn’t he take it a step further. Also, what motive does the witness have to lie or fabricate for personal gain? These are all things that need to be explored by a competent criminal defense attorney.

Many alleged victims are now coming out of the woodwork claiming that the same sort of thing happened to them. Prosecutors will undoubtedly suggest they did not report Sandusky’s criminal conduct because of ‘repressed memory syndrome.’ This will surely be the subject of expert testimony at trial. The alleged victim will need to be thoroughly investigated to see if they have ulterior motives such as a possible civil suit against Sandusky, Coach Joe Paterno, or the state of Pennsylvania.

We have successful defended dozens of complex sex cases such as sexual assault, rape, child molestation, sexual conduct with a minor, and sexual exploitation of a minor. If you are need of representation for this type of charge, please contact us immediately.

As a criminal defense attorney, the last place I ever want to see my clients is in prison. But with prison populations higher than ever, there are still a lot of misconceptions held by the general public.

People convicted of murder and rape are not housed with people convicted of drug offenses such as possession for sale of marijuana or narcotic drugs. Most prisons use a classification system that separates violent offenders (like those convicted of murder, drive by shooting, or aggravated assault), from non-violent offenders (like those convicted of white collar crimes such as fraudulent schemes, money laundering, or forgery). Sex offenders; those convicted of crimes such as sexual exploitation of a minor, child molestation, or even child abuse, are housed separate from all general population inmates. Generally, sex offenders are housed on separate prison yards to protect them from predatory conduct by other inmates.

There is also a belief that people get help and treatment in prison. The reality is that drugs are plentiful in prisons, not just in Arizona but in all states, and that inmates can readily continue a criminal lifestyle behind bars. And while taxpayers are quick to fund the construction of new prisons, historically they have not supported funding treatment programs for those they put there. Backward as it may sound, the Arizona Department of Corrections is a misnomer. There is no “correction,” and there is no “rehabilitation.” Perhaps a better name for it would be the “Arizona Department of Warehousing People.” It doesn’t have such catchy ring to it, but it’s far more accurate.

Most people who go to prison in Arizona will return again. Whether it is because of a parole violation, or because of committing a new crime in the future, the likelihood is strong. By hiring a capable, competent, and aggressive criminal defense attorney to represent you, you may be able to avoid going to prison in the first place.

Things didn’t go as planned for Warren Jeffs. Granted, he is a little bit “touched,” but his decision to represent himself on child sexual abuse and rape charges just landed him a life sentence in Texas’ big house.

This morning I read an article in the Phoenix newspaper about a woman on trial for murder who decided to represent herself. Why someone faces such serious criminal charges would do so, I have no idea. But her life as a criminal defense lawyer was short lived. She blew a major issue and damaging evidence will now be heard by the jury. An experienced criminal defense attorney would not have made that mistake. She is now begging the judge to allow her former attorney to represent her again because “she blew it.”

Sometimes defendants who are in jail want to represent themselves because they get greater privileges in the jail. They get better access to the library and to the telephone to talk to witnesses. Note that it’s amazing how all of their buddies turn up on their list of potential witnesses. Usually at the last minute, they ask for a “real lawyer” to step in, but the truth is that their criminal defense attorney is not prepared and can’t to a proper job of defending in court. The funny thing is that this sort of thing is more common when the charges are more serious – conspiracy, murder, kidnapping, child molestation, etc. Defendants with lesser charges such as aggravated assault, domestic violence, and fraud don’t typically play that game.

I went to school for seven years to do this job. I have been practicing law for 15 years and am one of the most experienced criminal defense attorney’s in Phoenix. And while the outcome of self-representation may not land you on death row, it can sure get you convicted of a felony and keep you in prison for some time. Look at it this way, if you need heart bypass surgery, would you read a manual and carve yourself up with a hacksaw? I didn’t think so.

Leave the heavy lifting to the professionals. A few extra phone calls aren’t worth it.



After 15 years of practicing as a criminal defense attorney, I thought I’d seen it all. Enter Orlando Nembhard, charged with second degree murder, in a shooting death that occurred last winter in the parking lot of a club near Phoenix, Arizona. Though numerous witnesses at the scene identified Orlando as the shooter, other witness provided conflicting descriptions and indicated that Orlando’s twin brother, Brandon Nembhard – who was also present in the parking lot, was the shooter. Soon after Orlando’s arrest, his family hired me to be his criminal defense attorney.

By interviewing witnesses who were not talked to by the police and through additional and ongoing investigation, it looks like we are going to prove that it was someone else, and not our client who committed the murder. Although new information is developing on a daily basis, In light of the new evidence that has been uncovered so far, we asked a judge to release Orlando from jail. This past week, bail was reduced from $500,000 to $10,000.

This case was so unusual, not just in Phoenix, but around the country that the local and national media covered it. http://snipurl.com/taxfy In the meantime, our work continues and will continue until all charges are dropped against our client. This case really is proof that the best offense is an experienced criminal defense attorney.

Check back for more updates about this bizarre murder case.

If you are a resident of Phoenix, Arizona or the surrounding areas and have been charged with conspiracy, then you should seek legal counsel right away. A Phoenix criminal defense attorney with experience in defending against conspiracy charges can make all the difference . Here are some facts about conspiracy and how a Phoenix criminal defense attorney can help.

What Exactly is Conspiracy?

Conspiracy is the act of conspiring to commit a crime. It’s when two people agree to perform an illegal act whether it be to distribute drugs such as marijuana, cocaine, or heroin, or to physically harm or murder another individual, or even to engage in wire fraud, mail fraud, or money laundering. In federal conspiracy cases, even if you don’t actually commit the crime, conspiracy charges may be brought against you as if you did follow through. Arizona conspiracy law is somewhat different as, in addition to the agreement, you must commit an overt act in furtherance of the conspiracy.
In federal court, conspiracy is punishable by up to five years in prison. In Arizona state courts, the punishment can vary depending on the crime. For example, the possible penalties for a conspiracy to possess marijuana for sale is very different that the penalty for conspiracy to commit murder.

How a Phoenix Criminal Defense Lawyer Can Help

Conspiracy charges can be complex so you’ll need a criminal attorney that understands conspiracy law and has experience in filing pretrial motions that are often unique to conspiracy cases. Just last year, I defended a client in Phoenix’s Maricopa County Superior Court in a high-profile conspiracy to commit first degree murder case related to the firebombing of a witness’ home in a related case. Even though my client did not throw the Molotov cocktail into the witness’ home – and was not anywhere around when it happened, he was still charged with conspiracy, attempted murder, and arson. My client faced 25 years at trial and was offered a plea bargain of 18 years. After 18 months of fierce and intense litigation, he received probation and no jail.

Just recently, I represented another client charged with conspiracy to possess marijuana for sale. The case arose out of a DEA wiretap. Our aggressive defense paid off and all charges against my client were dismissed.

At this time of year, this country celebrates its independence some 235 years ago. And with the birth of the United States came its Constitution; something that remains a pillar in the defense of criminal cases.

Though the Fourth Amendment prohibits police from entering someone’s home without a warrant, they still try and do it regularly and come up with an “exception” to the rule. Often times in large scale marijuana conspiracy cases, they will call it a protective sweep. That is, they will say that they went through the house for security reasons only – i.e. to find other armed persons who may pose a danger to police, but they did not actually conduct a search. It never ceases to amaze me how police think that they will be able to justify in an aggravated assault or murder case how they were justified in looking under a mattress on in a kitchen drawer for other armed suspects when they found key evidence such as a gun. Or perhaps, the other suspects were just very small. The bottom line is that only an experienced criminal defense attorney knows how to recognize and deal with such an issue.

Also, when a suspect invokes his right to remain silent and asks for an attorney (hopefully a criminal defense attorney) under the Fifth Amendment, the police must immediately stop all questioning. I’m doing a very serious case right now where the detective did pause for a brief moment, but then picked up and kept right on questioning my client. Yes, this happened in Phoenix, Arizona and not a small town in the hills. This sort of thing has been more and more in felony cases in both state and federal courts. Well, the point is that now my client’s statement is likely going to be thrown out of court, now that we have aggressively attacked the issue and file a motion to suppress his statements. Once more, I’m pretty confident that the jury will not be a fan on the detective’s tactics once we get to trial.

Even though the Constitution has evolved through court decisions over the past two plus centuries, there are still times where the government abuses citizens’ rights and its feet must be held to the fire. If you find yourself in a situation where you are being questioned by police in Phoenix, or anywhere in Arizona, exercise your right to remain silent and ask for a criminal defense attorney.

Arraignments are held in Superior Court.  At the arraignment, the court will enter a “not guilty” plea on your behalf and will ensure that you have an attorney representing you on your case.  The Court will also assign your case to a trial judge and set your upcoming court dates.  The next court date is an Initial Pretrial Conference.

Pretrial Hearings

The Court will set a number of pretrial hearings before your case proceeds to trial.  The settings may include all or some of the following:  Initial Pretrial Conference (IPTC), Comprehensive Pretrial Conference (CPTC), Status Conference, Settlement Conference, and Trial Management Conference (TMC).

Some cases are designated as ‘complex cases’ under the Arizona Rules of Criminal Procedure.  Examples of complex cases are wiretaps, murders, child pornography cases (involving computer evidence), embezzlement and other sophisticated fraud cases.  These cases are often assigned to ‘special assignment judges’ who closely monitor the progress of the case by holding Complex Case Management Conferences (CMC) every 45 days.

Trial

A trial is a court proceeding where the prosecutor must prove “beyond a reasonable doubt” that you committed the crime charged.  Your attorney will have an opportunity to cross-examine the witnesses and evidence to tell your story.  Felony trials are heard by a jury unless you, your criminal defense attorney, and the prosecutor agree to have your case presented to a judge (bench trial).

Sentencing

If you enter into a plea agreement or if you go to trial and a jury (or judge, if a jury has been waived) finds you guilty, you will have a sentencing date set approximately one month later.  Before the sentencing date, you will meet with a probation officer who will prepare a report for the judge.  The report will have a sentencing recommendation for your case.  Talk to your attorney about this process before you meet with the probation officer.  In addition, provide your attorney with references and other mitigation that your attorney can present to the court at your sentencing.

Every case has a number of different hearings which will occur and which you will need to attend.  Below you will find list of those hearings.  Although some variance can occur, this list is a good rule of thumb for criminal cases in Maricopa County Superior Court in Phoenix, Arizona and some other courts throughout the state.

Initial Appearance

The initial appearance is your first step in the criminal justice system.  For those who are arrested, this hearing will typically occur before a judge in the jail.  Because the critical issue of bail will be determined, it is important to contact us immediately so that arrangements can be made for Jason Lamm to appear with you before the judge.  The State will have a prosecutor present, and without an experienced criminal defense attorney to represent you and your interests, you will not have a voice in this critical hearing.

At this appearance you will be;

1) Informed of your charges.

2) Advised of your right to hire a criminal defense attorney to represent you;

3) Given your release conditions.  In some cases your will be released on your recognizance, while in other instances, the judge will set bail (or no bail for certain offenses.)

4) Given your next court date and court location.

Preliminary Hearing (Non-Indictment Felonies Only):

Most cases in Maricopa County are set for preliminary hearing.  The preliminary hearing is a court hearing before a court commissioner in the Regional Court Center (RCC).  The prosecutor can present witnesses and evidence at the hearing.  The commissioner’s job is to decide if there is enough evidence to show probable cause.  This means:

1) That the crime charged probably occurred.

2) That you probably are the person who committed the crime.

Far less evidence is needed at this hearing than would be needed at trial.  If the commissioner finds no probable cause on either of these two points, the case will be dismissed.  If the commissioner finds probable cause, a ‘not guilty’ plea will automatically be entered, and your case will be set for an Initial Pretrial Conference (IPTC).

Preliminary hearings are sometimes “scratched” or “vacated.”  This may mean that the formal charges were not filed, or that the prosecutor has chosen to take the case to the grand jury.  This is particularly true in more serious cases involving weapons or large amounts of narcotics (marijuana, cocaine, heroin, methamphetamines).   If the case is scratched, the charges may be re-filed.  The Statute of Limitations under Arizona law is 7 years for a felony.

Felonies Charged by Indictment

If you received an “indictment” on a felony offense, you will have not a preliminary hearing.  Instead, the grand jury has already found probable cause to charge you.  Your next court date will be for an arraignment.

Being accused of a crime does not mean that you are guilty. It means that you are going to have to work closely with your attorney as your case moves through the criminal justice system to get the best possible result for you.

Jason Lamm is a highly experienced criminal defense attorney whose principal office is in Phoenix. He has defended clients in criminal cases in virtually every county in Arizona, as well as in federal criminal cases in the United States District Courts in Phoenix and in Tucson

Can I Talk About My Criminal Case with Others?

DO NOT discuss your case with anyone except your criminal defense attorney or our office staff. Do not discuss your case with a police officer or even your family – tell them to talk to your attorney about the case. Anything you say to the police, to family members or to others could be used against you in court. Always remember that you and your attorney are partners working for the best possible result for you.

How Can I Aid in My Own Defense?

It takes time, sometimes several months, for a case to move through the courts. Some cases are more complex than others, particularly federal cases. It is possible that your case could take more than a year. During that time, it is extremely important for you to keep in touch with your attorney and to make all court appearances until your attorney tells you otherwise.

You can help your criminal defense attorney by doing the following things:

1) Be on time for court and other legal appointments.

2) Make sure that your attorney has updated contact information for you, such as your cell phone, email and mailing addresses.

3) Give your attorney a list of witnesses who may have relevant information, even if they are not going to testify at your trial.

4) Make sure that your attorney has any documents that might be helpful to the defense of your case.

5) When going to court, business attire is appropriate. Like it or not, Judges do form impressions based on defendants’ appearances and the respect that they show to the court and the criminal justice system.