Frequently Asked Criminal Defense Questions

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If you, a loved one or friend is charged with a crime, knowing the basics of criminal defense and how the justice system works may help to reduce some anxiety or concerns.  Attorney, Raymond Kimble is a former police officer and prosecutor and has amassed over twenty years experience defending thousands of clients who have been charged with committing a crime.  Mr. Kimble recognizes his clients have a constitutional right to an effective defense and takes a proactive approach to protect your freedom and future.  Mr. Kimble has negotiated favorable resolutions for clients, has conducted many jury trials in the city, justice and superior courts and has litigated dozens of motions aimed at having evidence suppressed or cases dismissed. 

1. Should I Hire an Attorney?

Representing yourself after being charged with a crime is never a good idea.  Being convicted of any criminal offense could result in severe penalties and have long term consequences upon employment, professional licenses, etc.  If you have been charged with a crime, you should immediately contact an experienced criminal defense lawyer who regularly practices in the court at which you have been ordered to appear in.

2. Should I Apply for a Public Defender?

Generally, you will not be provided a public defender unless you are facing jail time for a misdemeanor offense or have been charged with a felony in superior court.  You must also qualify financially.  This means that the court has to determine you are indigent, or unable to afford your own lawyer.  There are many talented attorneys in the public defenders' offices.  However, you will not be permitted to choose which attorney represents you.  Moreover, you should expect to receive additional attention, effort and access to your attorney if you hire one on your own.

3. What Court Will I Appear In?

If you have been charged with a felony, you will be ordered to appear in a superior court in the county where the offense occurred.  If charged with a misdemeanor by the local police department, you will be required to appear in municipal or city court.  Justice courts also preside over misdemeanor cases that are investigated by the Department of Public Safety or County Sheriff's Office.

4. What is the Difference Between a Misdemeanor and Felony Charge?

Although both can have serious ramifications, there are significant differences between a misdemeanor and felony conviction.  Specifically, the maximum penalty for a misdemeanor is six months jail, a $2,500.00 fine and three years probation.  Felony convictions may result in lengthy probation terms, fines up to $150,000.00 and imprisonment between three months and life.  Moreover, being convicted of a felony can cause you to lose important civil rights.

5. What If I'm Being Investigated for a Crime?

In many instances, an alleged crime is reported to police who then conduct an investigation.  If you are suspected of committing a crime, you should definitely consult with a lawyer.  An experienced attorney can protect your rights and take necessary steps so that you don't incriminate yourself.  I have helped many people avoid criminal charges by advising them while they were under investigation.

6. Is There a Time By Which Charges Must Be Filed?

This is referred to as the "statute of limitations."  In misdemeanor cases, charges must be filed within one year of the date of an incident.  The statute of limitations is seven years in felony cases. However, exceptions exist in cases involving murder and sex crimes committed against children.

7. What is an Arraignment?

The Arraignment hearing is generally your first formal proceeding when charges are filed against you.  Normally, you will be advised of the charges, enter a "Not Guilty" plea and schedule future court dates.  You will usually appear with your attorney at the Arraignment.

8. What is a Plea Agreement?

Plea agreements are the way in which a majority of criminal cases are resolved.  They are the product of negotiation between your attorney and the prosecutor and should involve a reduction in charges and less of a punishment than you would have received if convicted at trial.

9. What is Diversion?

Diversion programs are a means by which yuo can earn a dismissal of the charges.  If given the opportunity to participate in a diversion program, your case will be put on hold and you will be referred to a counseling program.  Upon completion of the counseling classes and fulfillment of any other requirements, the case will be dismissed.

10. Can Criminal Charges be Defended?

An experienced criminal defense attorney can help you achieve a favorable result after being arrested and charged with a crime.  Remember, each element of a crime must be proven by the prosecutor beyond a reasonable doubt.  An attorney can work to illustrate problems with the prosecutor's case.  Additionally, you can also raise affirmative defenses such as self defense, defense of your property or defense of a third party.  You can also argue that police violated your constitutional rights as a way to have important evidence suppressed.

11. Can a Conviction be Expunged?

When a conviction is expunged, records are destroyed as if a case never occurred and no one would ever have access to them. Arizona does not allow expungements.  However, upon completion of your sentence, you may be eligible to apply for a Set Aside and Certificate of Second Chance.  Additionally, and after a mandatory waiting period, you can also apply to have a conviction or case records sealed.

How Can Attorney Raymond  Kimble Help You?

Call (480) 833-8613 

As a former police officer, prosecutor and experienced criminal defense attorney, I know the criminal justice system, how prosecutors and police officers think and how to attack a criminal charge from all angles.  I have represented thousands of people from all walks of life who have been charged with misdemeanors and serious offenses and have expertise in achieving a dismissal of the charges, negotiating favorable agreements and conducting jury trials in all types of misdemeanor and felony cases. If you have been arrested or charged with a crime in Phoenix or  city in Maricopa or Pinal County, call for immediate help.

Why Hire Raymond Kimble to Defend You?

1. Experience - Mr. Kimble was a police officer and detective for ten years, a DUI and Felony Prosecutor and has been practicing DUI and Criminal Defense for over twenty years.

2. Personal Attention - Mr. Kimble will be solely responsible for your case and be directly accessible to you during business hours, at night and on weekends.

3. Full Investigation of Your Case - This includes reviewing police reports, body camera video, laboratory results, witness statements and consultation with you concerning the alleged incident. Mr. Kimble will also consult with necessary experts to assist in your defense.

4. Research - Legal Issues as well as circumstances concerning the facts of your case or important witnesses will be closely examined. 

5.  Effective Negotiations  - Often, intelligently crafted negotiations can lead to a reduction or dismissal of charges.

6. Clear and Honest Guidance - Mr. Kimble will fully evaluate your case and recommend the best course of action.