Why is Hiring an Attorney Important?
There are several important reasons why having an attorney early in a case is beneficial. Often, police contact occurs without an immediate arrest, but procedural issues or investigations continue. Police may attempt to get you to admit fault or ask to speak with you multiple times. It’s widely understood that if law enforcement wants to talk, it’s rarely to help you talk yourself out of charges; rather, they seek to gather evidence and follow up.

Having an attorney involved before any filing decisions are made can prevent police from further direct contact with you. When an attorney is retained, law enforcement typically cannot continue interrogations or evidence gathering as freely, limiting their ability to strengthen a case for the prosecutor. Sometimes officers will attempt to re-contact the client later. If you have already hired legal counsel, your attorney can handle critical early steps like the initial arraignment after an arrest. Having a lawyer at this stage can significantly impact the outcome of the case.

Is It Possible For An Attorney To Intervene And Prevent Charges From Actually Being Filed?
Yes, attorneys can often intervene early enough to prevent charges from being filed. Police investigations sometimes rely on limited witness statements or reports from a complaining party, which may lead to arrest, citation, or referral for prosecution (long-form charging). If an attorney can get involved quickly to investigate and present exculpatory evidence or clarifications, it may be possible to stop charges from being filed or reduce the severity of the charges.

For example, if someone is arrested for aggravated assault but additional information later shows the circumstances do not support aggravating factors, the charge may be reduced to simple assault. This reduction improves the client’s legal position by avoiding felony charges and the harsher penalties they carry.

What Does A Defense Attorney Look For Prior To The Filing Of Charges To Mitigate Their Client’s Case?
The first step is obtaining and thoroughly reviewing the police report before charges are filed. The attorney compares the report with the client’s account to identify inconsistencies or missing facts. In many cases, police officers are not present during the alleged incident, so their report is based on secondhand information.

Depending on the findings, the attorney often contacts the prosecutor’s or county attorney’s office to discuss the case. In felony cases, a formal letter known as a “Trebus Letter” can be submitted. This letter points out exculpatory evidence—facts favorable to the defense that must legally be presented to a grand jury. If the prosecutor acknowledges this evidence, they may decide not to file charges or reduce the severity, recognizing the difficulty in obtaining an indictment.

This proactive defense strategy can prevent cases from being filed or provide grounds to fight the charges later if the case proceeds.

What Do Plea Offers Generally Look Like For First Time Offenders Or Second Time Offenders?
Plea offers vary widely depending on the offense and prior record. For DUIs in Arizona, mandatory jail time often applies, especially for repeat offenses, though judges have some discretion for first offenders. For many misdemeanors without mandatory jail sentences, common plea resolutions include probation, deferred judgment, or diversion programs. These options allow clients to avoid jail and potentially have charges dismissed or reduced after compliance with certain conditions.

Repeat offenders face harsher penalties. With felonies, the goal for first-time offenders is typically to avoid jail and reduce charges to misdemeanors where possible. Subsequent felony convictions carry increased mandatory sentencing under Arizona law, making early intervention critical.

For more information on hiring an attorney, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (602) 883-2523 today.