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Frequently Asked Questions: Criminal Defense


Scottsdale Criminal Attorney


If you are facing criminal charges, you likely have a number of questions about your rights, the charges you face, the potential penalties, and your defense options. In order to provide you with helpful and vital information, The Law Offices of Randolph D. Toscano, PLLC presents answers to some questions commonly asked by those charged with an offense. If you would like to discuss your unique situation with a skilled Scottsdale criminal defense lawyer, call today!


Why do I need an attorney?

While no one is required to retain a Scottsdale criminal defense attorney, it is highly recommended you do so. As police and prosecutors are professionals, they will ensure all of their documentation and evidence against you is well prepared in order to obtain a conviction. Without the benefit of an experienced legal counsel from The Law Offices of Randolph D. Toscano, PLLC, you could jeopardize your freedom. My firm has the experience in criminal law that you need to seek exoneration of your charges.


Is a warrant required to make an arrest?

Not all situations require a warrant. When law enforcement has probable cause to believe some type of crime has been committed, they can arrest you at that point. A good example is for a DUI. If police feel you are driving unsafely or find some other viable reason to pull you over, they can then test you for drunk driving if they believe you are inebriated and arrest you immediately. You are protected in your home from unreasonable search and seizure, which does require a warrant for law enforcement to obtain any evidence against you.


What qualifies as disorderly conduct?

Disorderly conduct is a common charge that is made when a person is accused of disturbing the peace. You could be charged with this offense if you were involved in a physical altercation, displayed or handled a weapon in a reckless or dangerous manner, caused an excessive amount of noise, or provoked another individual through abusive, taunting or threatening language. This charge can be made in a variety of situations, and although it is typically a Class 1 misdemeanor the offense carries heavy penalties. Call a lawyer to ensure your rights are protected during your case.


Can I fight my DUI?

There are many possible defenses that can be used to challenge a drunk driving charge. For instance, did the officer have probable cause to stop your vehicle? Was the breath machine properly maintained and calibrated? Was the officer clear when giving instructions for a field sobriety test? Was an alcohol swab used to clean your skin before taking a blood sample? No matter what sorts of evidence the prosecution has against you, it is very important that you retain the counsel of a knowledgeable defense attorney who can assess you circumstances to determine your defense options.


When are bench warrants issued?

A bench warrant is an arrest order issued by a judge for a variety of different offenses. The judge may issue a bench warrant if you failed to appear for a mandatory court proceeding, were found in contempt of court, failed to pay court-ordered restitution or fines, failed to comply with the conditions of your bail, or if you violated the terms of your probation. If a bench warrant has been issued against you, do not wait to contact my team so you can be proactive in addressing the warrant and seek to avoid the harsh consequences.


What should I do if I'm arrested?

If you are taken into police custody it is vital that you ask for your attorney immediately. Provide the officers with your identification information but then inform them that you will not answer any more questions without legal representation and exercise your Fifth Amendment right to stay silent. Your attorney can protect you against making self-incriminating statements, help you understand the charges brought against you, and advocate for reduced penalties and charges.


How is my case affected if the police failed to read me my rights?

Law enforcement will often attempt to obtain a confession from those charged with a crime and may sometimes fail to provide you with your Miranda rights. If this has occurred, any statement given to them is invalid and cannot be used as evidence against you. It is always best, however, not to speak with the police without legal representation regardless of your Miranda rights being read to you.


What is the difference between a misdemeanor and a felony?

Misdemeanors are generally nonviolent and lesser crimes than felonies. They carry lower penalties if convicted. A misdemeanor charge carries less than 1 year in county jail and smaller fines, while a felony would have a prison sentence of over one year and much harsher fines, as well as other penalties. Whether the offense is minor or more serious, a conviction still carries long term negative effects to your future and should be fought with the help of an experienced legal professional.


Contact a Scottsdale Criminal Defense Lawyer for answers to your questions regarding your criminal charges.

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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

The Law Office of Randolph D. Toscano, PLLC - Scottsdale Criminal Defense Lawyer

Located at 8655 E. Via de Ventura, Suite G 200 Scottsdale, AZ 85258. View Map

Phone: (480) 419-3986 | Local Phone: (877) 748-7978.


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