Get In Touch

We're available to answer your questions 24/7.

(602) 493-3600

Contact us





    FAQ

    Frequently Asked Questions

    Phoenix Criminal & DUI Defense Attorney

    FAQs about Criminal Lawyers
    If you or someone you care about has been charged with a crime, you need to know the basics of Criminal Defense Law in Arizona. As a knowledgeable and skilled criminal defense attorney in Phoenix, Joshua S. Davidson can provide you with answers to the many questions that can arise after being charged. At the Law Offices of Joshua S. Davidson, we have a library of knowledge when it comes to legal questions and the laws in Arizona. Here you will find answers to many common legal questions, but we urge you to contact our law office directly to have your specific questions answered.

    1. Do I really need a lawyer?

    If you have been arrested, questioned by the police, or are under police investigation, you will most likely need to find representation. An attorney will be able to answer all of your questions and provide you with the support you need when facing criminal charges. If you find yourself asking whether or not you need a lawyer, the best way to find out is to contact one! After an attorney has all of the facts and information regarding your particular case, they will be able to determine if legal representation is necessary.

    Because every case is different, developing an effective legal strategy means finding all of the facts and circumstances surrounding the specific arrest. A qualified Phoenix Criminal Defense Lawyer will make sure to gather all the information necessary to provide you with the best criminal defense possible. Contact Phoenix Criminal Defense Attorney Joshua S. Davidson to determine if you need representation.

    2. If my case is still under investigation and no charges have been filed against me, do I still need a lawyer?

    During the police investigation is one of the most important times to have an experienced criminal defense attorney representing you. A lawyer can help ensure that your rights are protected during the investigation, a time when police and investigators may try to take advantage of you if you are not well informed of your rights. You will need an attorney to ensure that any evidence in your favor is investigated and preserved in the case.

    The investigation process is an important time for gathering evidence, and without a lawyer this will be difficult to do. In many cases, a criminal defense attorney in Phoenix can bring evidence to the attention of police and prosecutors before the charges are even filed, increasing your chances of not being charged. It’s a difficult feat to convince prosecutors to drop charges once they have been filed, so your best bet is to have an attorney be proactive on your behalf.

    3. Is it okay to speak with the police?

    You DO NOT want to speak with the police, or answer any questions they may direct towards you. Chances are they do not believe in your innocence and it is their goal to gather evidence against you in order to convict you. Their method to gather evidence is to get you to talk, and police investigators tend to ask questions that guide you into telling them what they want to hear. Some police and investigators may try to use deceptive tactics and lie to people who are under investigation. It is routine practice for police to get you to tell them “your side of the story.”

    You may feel that this is a good opportunity for you to explain what happened, but the reality is that they can use your statement against you in court. Your decision to speak with the police should not be taken lightly, and you need an experienced Phoenix criminal defense lawyer to advise you.

    4. Do I need a criminal defense lawyer if I have been falsely accused?

    We all like to believe that truth and justice prevails, but unfortunately with today’s court system, this is not always the case. Every day people are found guilty for crimes they did not commit, and this is a harsh reality you need to consider when trying to decide whether or not to hire a criminal defense attorney. The only way to ensure you are treated fairly within the court system is to seek qualified representation.

    5. How does bail work? Will the bail money be returned when the case is over?

    Bail is simply a financial assurance that the defendant will attend the court date after being released from custody. There are two ways to post bail. A “cash” bail may be posted with the custodial agency to cover the full amount of bail. If bail is exonerated at the end of the case, the defendant will receive a check for the entire amount posted. Also, a “bond” can be posted by a bail company.

    Through this option, the defendant only has to pay roughly 10% of the entire amount to the bail company, who puts up the entire bail amount through a bond. If bail is exonerated, the 10% will not be returned to the defendant, because this is the fee paid to the bail company for fronting the entire amount.

    6. What is a Felony?

    A felony is a serious crime, punishable by more than one year in prison or by death. Defendants convicted of felonies tend to serve time in a prison rather than a jail. Crimes commonly considered to be felonies are aggravated assaultarsonburglaryembezzlement, grand theft, robberymurderrapekidnapping and fraud.

    7. What is a Misdemeanor?

    A misdemeanor is a “lesser” criminal act, and is generally punished less severely than a felony offense. Many misdemeanors can be punished with monetary fines or jail time of less than one year. Examples of misdemeanors include petty theft, prostitution, public intoxication, simple assaultdisorderly conduct, and vandalism.

    8. Will hiring an attorney make me look guilty?

    Many individuals facing criminal charges – especially for the first time – are concerned they will look guilty or as if they have something to hide if they hire an attorney.  In reality, nothing could be further from the truth.  The right to be represented by an attorney is a fundamental right enshrined in our constitution.  Judges and prosecutors alike recognize these rights and the important role criminal defense attorneys play in protecting all of our rights.  In fact, it is often the practice of police officers to immediately request a consultation with their lawyer when involved in an on-duty shooting.  Irrespective of whether you did or did not commit the offense for which  you are charged, an experienced criminal lawyer can help ensure that you obtain the best possible outcome.  Whether it means reducing your charges/penalty or fighting for your innocence at trial, proceeding without an attorney is never a good idea.

    9.

    Criminal Defense Attorney in Phoenix: Joshua S. Davidson

    As a Phoenix Criminal Defense Lawyer, Joshua S. Davidson has the knowledge and tools necessary to help you navigate through your criminal charges. From answering initial questions, to representing you in the courtroom, he will provide you with experienced, dedicated, and superior representation.

    Contact Phoenix Criminal Defense Attorney Joshua S. Davidson today!

    Membership & Awards