Phoenix Arizona Criminal Attorney Defense

SHOULD I TALK TO THE POLICE ???

You have a constitutional right to remain silent. USE IT! Ask to speak to a criminal defense lawyer before you give any statement or answer any question. Often, the one thing that hurts a defendant's case the most case is his statement to police made without the benefit of consulting an experienced criminal defense attorney first.

Don’t ever try and talk your way out of a situation. Even if you are polite, courteous, and truthful it can still be held against you. Frequently, the police already know certain facts that they will withhold to trick you into incriminating yourself by making a statement. Court decisions have held that police may lie to a suspect in an interrogation.

Your answers to even routine questions may prove damaging. Even a seemingly innocuous answer will be taken down in a police report. For example: in a DUI traffic stop, answering what you think is a seemingly harmless question in a truthful way may give the officer a basis to arrest you. Also, should your case go to trial and you testify, you will be locked into that answer – even if you were tired or upset at the time, or even if you did your best to answer a question that you were really unsure of. Any inconsistency in your answer will be promptly pointed out by the prosecutor, and you will be made to look like a liar in front of the jury. This never helps any criminal defense case.

When faced with this type of situation, in Phoenix or anywhere in Arizona, you need a criminal defense attorney who is experienced and has a proven track record. Even if it’s after hours, contact Jason Lamm. Most calls are responded to very quickly.

A POLICE DETECTIVE OR FEDERAL AGENT HAS CONTACTED ME AND WANTS TO TALK. WHAT DO I DO ???

Over the years, our clients have told us that this has to be the scariest situation they have ever dealt with. Sometimes, they receive a letter in the mail, a business card in their door, a voicemail, a telephone call, or sometimes, police detectives or federal agents at their front door.

The first question is why are they there? Why do they want to talk to me? Sometimes, it’s about drugs, allegations of sexual misconduct, or maybe some type of fraud that has caught the attention of the authorities. Really, there are a multitude of reasons why this can happen. But no matter the situation, politely decline to talk to them, get their business card, and call an experienced criminal defense attorney immediately.

This is known as pre-indictment representation. Jason Lamm has done this for dozens of clients over the years in both Arizona state and federal criminal matters. Sometimes it’s simply a matter of law enforcement wanting a witness statement, and other times it’s because you are a target of an ongoing criminal investigation. Either way, anything you say will be used against you in the future.

Unless you are taken into custody, police are not required to read you your Miranda rights. And unless you have been taken into custody and been brought before a judge, you are not entitled to have an attorney appointed for you. You must retain your own counsel. And if you have to do so, you might as well get an experienced criminal defense attorney who knows what he is doing and can really help you.

By becoming involved in a case at it’s early stages, Jason Lamm has been able to do a number of things for his clients such as: avoid charges being filed, obtaining immunity from prosecution in exchange for giving a statement, and also avoiding his clients being arrested if charges are inevitable.

Every situation is extremely unique. The one thing that every pre-indictment case has in common is that there are always benefits and advantages to retaining an experienced criminal defense attorney who can be aggressive and proactive in defending your rights and your case. If you or someone you know finds yourself in this situation, contact us immediately so that we can set up a personal consultation and advise you as to your best course of action.

HOW DOES BAIL WORK IN ARIZONA ???

In Arizona, someone who is arrested must see a judge within 24 hours for an initial appearance so that the judge can (1) determine if there is probable cause for the arrest; and (2) set reasonable conditions of release or bail.

While some circumstances do not allow for bail to be posted (capital murder, offense committed on release from a prior offense, certain sex offenses, or the defendant is not legally present in the United States), it is always helpful to have attorney representation at the initial appearance in order to get a reduced bail, or a release on one’s recognizance (promise to appear).

Prosecutors are almost always present for these hearings. Why wouldn’t you want to representation to assist you at such a critical time? In Maricopa County, initial appearances are held 24 hours a day on felony charges. Contact us immediately if someone has been arrested in Phoenix and needs a criminal defense attorney at their initial appearance.

There are generally two types of bond that the initial appearance judge may require a defendant to post in order to be released from jail. A secured appearance bond means that a licensed and insured bail bondsman can post the bail on behalf of the person who was arrested. Bail bondsman typically charge 10% of the total bond (per Arizona law) in addition to any administrative fees. The 10% paid directly to the bondsman is like an insurance premium which is non-refundable. The remaining amount of the bail is usually secured by giving the bondsman some form of collateral (deed to property, vehicle title, etc.) that is returned at the end of the case assuming the defendant shows up for all of his court appearances.

In some cases, the court may require a ‘cash only’ bond. It’s just that. The bail posted must be the full amount and in the form of cash or other certified funds. Even in the case of a cash only bond, a bail bondsman can still be helpful, particularly if the party posting the bond wants to put it on a credit card. The jails do not accept credit cards for bail bonds, but a bondsman usually does.

We are not affiliated with, nor are we able to endorse any particular bail bondsman. However, upon request by a client, Jason is happy to make appropriate recommendations to honest and trustworthy bail bondsmen who are able to assist clients in posting bond in Phoenix and all over Arizona in superior court and federal court criminal matters.

FUNDS ARE LIMITED… SHOULD I POST BAIL OR HIRE A CRIMINAL DEFENSE ATTORNEY?

In order for a Court to lower bail after the initial appearance, a “material change in circumstances” must be demonstrated. By hiring an experienced criminal defense attorney such as Jason Lamm, he can successfully argue for a bail reduction, and in some cases an outright release.

What this means is that the money that would have been spent on posting bail can be used to hire an attorney. By the attorney’s getting the bail reduced, you get the benefit of having the experience of a criminal defense attorney to start working on your case right away, as well as not having to waste excess funds for a non-refundable premium to a bail bondsman.

For example: If bond is set at $50,000, 10% or $5,000 gets paid to a bail bondsman. If that same money goes to hire a criminal defense attorney who starts working on the case immediately and gets the defendant released on his own recognizance (no money required for release), the money that would have been spent on bail is not wasted.

Remember that it’s never too soon to start defending your criminal case. In fact, the best time to start is right away before helpful witnesses and evidence disappears. Jason Lamm knows that one of the best ways to defend any criminal charges is begin conducting an independent investigation. Why wait to let the police strengthen their case against you? Why not challenge their evidence? Why not investigate their investigation?

Don’t take your criminal defense sitting down. If you are being investigated, have been arrested, or face charges, contact us immediately. There’s no time like the present to start being proactive in your freedom.

WHERE CAN I ASK AN ATTORNEY A FREE LEGAL QUESTION AND GET FREE LEGAL ADVICE?