criminal defense

During a criminal case, the terms “arrested” and “detained” are often used interchangeably. However, these are two different situations with important legal distinctions. Whether you have been detained or arrested in Phoenix, your legal rights remain the same – including the right to remain silent and the right to have a Phoenix criminal defense attorney represent you.

What Is an Arrest?

An arrest means that law enforcement has taken a suspect into their physical custody based on probable cause that the individual has committed a crime. A person who has been arrested will not be released from police custody until he or she posts bail (if charged with a crime), the prosecution decides not to file charges, or the charges are dropped.

During an arrest, the arresting police officer must inform the individual of his or her Miranda rights. These are constitutional rights that include the right to remain silent, the warning that anything said can be used against the individual, and the right to an attorney. An arrest will typically involve placing the individual in handcuffs, after which he or she will be transported to a police precinct for booking.

At the police station, the individual will be fingerprinted and photographed. Then, the suspect will be held in custody pending bail proceedings or an arraignment hearing. Throughout the arrest and subsequent detainment in police custody, an individual is entitled to due process. This includes the right to fair treatment, the presumption of innocence, and the right to legal counsel.

What Does it Mean to Be Detained?

Being detained means an individual has been stopped by a police officer temporarily while the officer determines whether further action needs to be taken. To detain someone, the police officer must have reasonable suspicion that the suspect committed a crime, helped someone else commit a crime or is about to commit a crime. Note that “reasonable suspicion” is a lower standard than probable cause, which is the necessary standard to make an arrest. 

The purpose of detainment is to allow the police officer to gather information from the detained person. The officer may ask for the detained individual’s name, as well as where he or she is coming from, going from or what the person is doing. If the investigation gives the police officer probable cause or a justifiable basis to do so, the detainment can turn into an arrest. If not, the officer has an obligation to let the suspect go.

Questioning or detainment does not mean a person is under arrest or has been charged with a crime. Under Arizona law, a maximum of 48 hours of detainment is allowed before the police must decide to either make an arrest or release the individual. It is against the law for the police to keep someone in custody for longer than two days without formally charging him or her with a crime and making an arrest.

What to Do if You Are Arrested or Detained in Phoenix

While being arrested and detained both involve the restriction of your freedom, there are distinct differences you should understand during any type of encounter with law enforcement. If you get stopped by the police, use your right to remain silent. You are under no obligation to answer a law enforcement officer’s questions, other than to provide your name and address, if asked.

Verbally invoke your right to remain silent by stating that you will not answer any questions until you have an attorney present. At this point, ask the police officer if you are free to leave. If the encounter turns into detainment or an arrest for an alleged crime, continue using your right to remain silent and contact a criminal defense attorney at Corso Law Group as soon as possible to help you exercise your rights.

Your driver’s license may get suspended for many reasons in Arizona. A suspended license means you will not be allowed to operate your motor vehicle for a period of time. This could interfere with your job, responsibilities as a parent and many other aspects of life. It might be possible to challenge a suspended license and restore your driving privileges, depending on the circumstances. For assistance with an appeal hearing, contact an attorney at Corso Law Group.

Why Might Your License Get Suspended in Arizona?

There are administrative and criminal driver’s license suspensions. An administrative license suspension comes from the Arizona Motor Vehicle Department (MVD) to penalize a driver for moving violations or traffic infractions, while a criminal suspension comes from the criminal courts after a conviction as part of the defendant’s sentence.

Several offenses could lead to your driver’s license being suspended or revoked in Arizona, including:

• Driving under the influence (DUI)
• Refusing a breathalyzer test
• Unpaid traffic tickets or fines
• Accumulating too many points on your license
• Failing to appear in court
• Child support delinquency 
• Certain criminal convictions

 A driver’s license suspension could last 90 days, 180 days, one year or longer. During the suspension period, you legally cannot operate a motor vehicle. If you do and are caught driving on a suspended license, you could face serious penalties, such as a class 1 misdemeanor, probation, fines and surcharges, and even jail time.

What to Do if Your Driver’s License Gets Suspended

If your driver’s license gets suspended in Arizona, you can challenge it with assistance from a suspended license lawyer. Contact a lawyer right away, as you will have a limited amount of time in which to request an appeal hearing. Your lawyer will help you file an appeal to the Arizona License Appeal Board by submitting a written notice to the City Clerk. You generally must do this within 10 days of the suspension or revocation.

At this hearing, your attorney will present an argument as to why your driver’s license should not be suspended. This may involve challenging the underlying offense, such as filing for a dismissal of the case against you. Your lawyer can present witnesses and evidence at the hearing, if necessary, to strengthen your case and challenge the reason why your license is being suspended. A successful appeal could reinstate your driving privileges.

You may also benefit from an alternative to an appeal, such as seeking a restricted driver’s license. A restricted license can allow you to drive to certain approved locations during your license suspension, such as work, school, a hospital, substance abuse treatment or church. Your lawyer can help you understand whether you qualify for a restricted or hardship license after your driving privileges are suspended.

How to Reinstate a Suspended License

If you cannot successfully challenge your license suspension in Arizona, you can still reinstate your license once the suspension period has ended. This may require paying all outstanding fines and penalties and showing proof of SR-22 car insurance (a more expensive insurance policy for higher-risk individuals). You will also need to fill out the required application and pay the reinstatement fee.

For more information about how to challenge a license suspension in Arizona, contact us at (480) 471-4616 for a free consultation with an attorney.

Although Arizona has been deemed one of the most lenient states on gun control, new gun laws are still difficult to navigate and if not followed correctly, consequences can be severe.

How will Arizona’s new gun laws affect citizens?
Governor Doug Ducey recently signed two new gun bills which go into effect on August 6, 2017, one allowing guns to be closer in range to schools and the other, discipling cities with harsher gun laws than Arizona’s.

What is Senate Bill 1266?
This bill states that opposing local regulations which go against Arizona’s statute to withhold the power of regulating firearms within the state’s counties and cities will allow courts to fine those counties and cities up to $50,000. The individual involved can sue a county or city and be awarded up to $100,000 in damages.

What is House Bill 2338?
This bill denies K -12 all the way up to university school governing boards from “banning someone from legally possessing a deadly weapon on a public right of way adjacent to campus,” according to AZCentral.

While the state’s new gun laws may seem simple, the slightest mistake can result in trouble and in Arizona, weapon possession charges are prosecuted aggressively.

Weapons charges include:

• Concealing a weapon illegally
• Possessing a firearm or other weapon illegally
• Prohibited possessor under Arizona law
• Using a firearm or other weapon during a crime

In the state of Arizona, an experienced criminal defense attorney is necessary when it comes to weapon possession.

Why?

• The knowledge and experience of an Arizona criminal defense lawyer who has dealt with similar cases is crucial in fighting for the best outcome.
• You need a criminal defense lawyer who will protect your rights along the way.
• Consequences can be severe including:
• Expensive fines
• Jail time
• Prison

Our criminal defense attorneys have extensive experience defending weapons charges in Arizona. Schedule your free consultation today and let us help you. Call (480) 471- 4616.

In states where medical and recreational marijuana are legal, how much is too much when it comes to getting behind the wheel? In this post, we examine THC limits.

Recently, new data revealed that it’s difficult to put into place a DUI limit for marijuana stating that “legal limits, also known as per se limits, for marijuana and driving are arbitrary and unsupported by science,” according to the AAA Foundation for traffic safety.

As a result, the AAA Foundation suggests that legal limits for tetrahydrocannabinol (THC), should be eliminated and police departments should train their officers to become certified drug recognition experts (DREs).

What would this mean to the public?
A DRE is there to prove that drugs are present in the defendant’s system. Just because a police officer is a certified DRE, doesn’t make him a medical expert. From a defense point of view, science trumps what a DRE says happened or what they saw while pulling someone over.

A highly qualified drug expert is still necessary as Marijuana DUIs can result in severe consequences. In Arizona, if the substance is recognized as a drug, it’s illegal to drive with it in your system. This ignites issues with the fact that marijuana lingers in one’s system.

How can a criminal defense lawyer help?
Although Arizona doesn’t have a set THC limit, this type of situation is still complex. In a marijuana DUI case, hiring an experienced Scottsdale defense lawyer is important. The right criminal defense lawyer will defend the rights of the client while aggressively and professionally defending their situation.

The way marijuana is treated by the courts is important for a defendant to understand. In a zero-tolerance state like Arizona, knowing the right steps to take is crucial.

Our team of experienced criminal defense lawyers handle cases like these everyday. We’re prepared, knowledgeable and known for our detailed defense strategies. During each step along the way we will treat with you with the respect you deserve, keeping you informed during the entire process.

It’s important to see what our other clients have to say about us too. Read our Corso Law Group reviews page for more information.

An Arizona marijuana DUI is not something that should be handled alone or by a public defender. Let us help. Schedule your free consultation today at (480) 471- 4616.

Have you ever received a speeding ticket? Did you wonder where the money went after you paid the ticket? Most likely you and many others in Arizona contributed tens of millions to government programs through unnecessary citation costs.

Instead of local and state taxes contributing to government programs, Arizona legislation has shifted the burden to those who have committed a crime.

Over the last two decades, Arizona’s state-mandated surcharges went from 56 percent to 83 percent, according to the Arizona Republic.

When you pay the state $95 for a speeding ticket, you’ll also be required to pay for programs and flat fees that could raise the price to as much as $243.

Because of these surcharges you’ll be paying:

• $95 for the ticket
• $79 for state programs
• $13 for police training
• $2 for a victim’s rights fund
• $7 court-restitution fund
• $27 for court technology
• $20 for the county probation department.

Penalizing drivers with additional costs and surcharges should not be practiced by the state of Arizona. Government-run programs should receive their funding from taxpayers, without drivers picking up the remainder of the tab.

Along with the financial consequences, there also can be a personal impact from a criminal speeding ticket. In Arizona, a criminal speeding ticket is a class 3 misdemeanor. If you’re found guilty, every time you’re asked if you have a criminal record, you’ll have to answer “yes”.

At Corso Law Group, we understand the consequences and the true costs of a speeding ticket in Arizona. If you are charged with speeding, the lawyers at Corso Law Group will fight for you and obtain the best possible outcome.

Click for a free consultation or call (480) 471-4616.

Texas remains third on the list of states with the highest number of death row inmates. But in 2015, new death sentences reached their lowest point since 1976. This was the year that the U.S. Supreme Court upheld Texas’ revised death penalty statute. However, prosecutors are still fighting for unfair death-row sentences in a completely illegal manner. One recent case of false testimony illustrates this.

Anthony Graves was sentenced to death in 1994 for the murder of six people. He spent 18 years in prison, with 12 of those years on death row. But Graves wasn’t guilty and he wasn’t the right person to be sentenced to death.

Although Graves conviction was overturned in 2006, he wasn’t exonerated till 2010. Several pieces of evidence lead to his exoneration.

The prosecutor in Graves’ case, Charles Sebesta “failed to provide several items of exculpatory evidence to the defense during Graves’ trial, presented false testimony to the jury, made a false statement of material fact to the trial judge and engaged in conduct involving dishonesty, fraud, deceit or misrepresentation,” according to the Houston Chronicle.

Recently, the State Bar of Texas made the decision to disbar Sebesta. But yet, disbarring Sebesta can only go so far as to right the wrongs of Sebesta.

Corso Law Group knows the facts about death row sentences. They know why cases with certain evidence should be not be legal in the first place. In Graves’ case, the prosecution presented evidence that should have never been accepted.

Our firm seeks to fix this problem. It’s the main reason our criminal defense attorneys always fight for our client’s rights.

For life-altering, difficult situations, an experienced, aggressive defense attorney is crucial. Having a criminal defense attorney who also has prior prosecutorial experience is an advantage.

Our firm knows how prosecutors operate and we fight to defend your rights.

Graves experienced unimaginable suffering. He served 18 years in prison, thinking he was going to be executed for a crime he didn’t even commit.

Corso Law Group operates in a different way. Our focus is to help the person, not just the client.

Body cameras for all Phoenix police officers might be on their way. Phoenix Mayor Greg Stanton and Councilwoman Thelda Williams have asked for all patrol officers to wear body cameras in the next three years.

However, this request comes with an expensive price tag. Last year, Phoenix Police Chief Joe Yahner said equipping police officers with body cameras would cost more than $3.5 million.

Despite the high price, Stanton and Williams are asking for the proposal to move forward due to the camera’s success in the Maryvale precinct.

In a memo to City Manager Ed Zuercher, Williams and Stanton said:

“In the areas where cameras were used, Phoenix saw significant drops in complaints against officers, more effective processing of cases in court and improved evidence in the prosecution of domestic-violence cases.”

If the proposal passes, behavior among police officers might improve. With the potential to make police officers more trustworthy and transparent, body cameras seem ideal. The body cameras seem a natural fit in the courtroom as well. In court, it’s usually the police officer’s word versus the defendant’s testimony. With body cameras on every officer, cases could change for defendants in the Valley. By using video evidence, cases will become clearer since video footage will be available for review.

Putting body cameras on all police officers could move Phoenix toward a new generation of policing by building trust between the officers and the communities they serve.

Criminal defense attorneys represent a range of cases, but recently, one case caught the media’s attention again, the “Affluenza” case. After killing four people in a drunk driving accident at the age of 16 in 2013 in Fort Worth, Texas, Ethan Couch was convicted of four counts of intoxication manslaughter but was not sentenced to any jail time.

Recently, Ethan Couch and his mother, Tonya Couch went missing after Ethan didn’t show up to a check-in with his probation officer. This resulted in U.S. Marshals releasing a wanted poster and announcing a $5,000 reward for details about Ethan Couch’s location.

After being found in Puerto Vallarta, Mexico, Ethan Couch and his mother were arrested. Tonya Couch was extradited back to the United States while Ethan remains in Mexico. Questions still remain as to why Ethan and his mother fled to Mexico in the first place.

Either way, the fault of the case seems to be with the prosecution. While the “Affluenza” defense is not common, Ethan’s lawyers presented a case that worked for their client and proved that due to Ethan’s upbringing, there were never any consequences associated with his actions because in his mind, wealth could fix anything.

The irritating factor is that the government seems to have given Ethan a better deal due to the fact that he had money.

It can be difficult to understand cases like this one. It seems that this case was given more consideration by the court due to the money behind it. Prosecutors work on statistics and there are only so many “get out of jail free cards”.

In this situation, the advancement of the arguments continued, then the case went to sentencing where most likely, several politically important people spoke, a crucial factor in any case. However, when looking at this case from a criminal defense perspective, it’s frustrating.

Corso Law Group works with clients all the time that ask, why not me? the end, the state’s decision will not help anyone.

As of now, Ethan Couch remains in Mexico. What will happen when he returns the United States is still in question. After a Mexican judge granted the “Affluenza” teen a temporary stay in Mexico which in return stopped transfer proceedings, it’s difficult to say if he will face jail time in the United States.

The newly famous Netflix series “Making a Murderer”, based on the life of Steven Avery, and the murder trials he and his nephew Brendan Dassey endured, questions the legal system, DNA evidence and the legitimacy of the justice system. The documentary took ten years to make, questioning, explaining and presenting each piece of Avery and Dassey’s cases and personal stories from beginning to end.

After spending 18 years in prison for a sexual assault crime he was innocent for, Avery was exonerated by DNA evidence. This is the first of the legal battles discussed in the non- fictional crime series, where not only was there no specific evidence to incarcerate Avery in the first place, but he also had an alibi for the crime he was convicted of. Avery was framed by the Manitowoc County but after his release, Avery questionably stayed in the same town.

Years later, the main case of the series begins, as Avery is charged with the murder of Teresa Halbach, by the same law enforcement that wrongly accused and sentenced him to prison the first time. From this point on, what’s interesting to a criminal defense attorney is how the state worked to collect, maintain and present the evidence they said proved Avery’s guilt.

Christopher Corso, founder of Corso Law Group recently discussed the Avery case on Price of Business, where he gave his criminal defense point of view. In regards to the DNA portion, Corso spoke to the point that although DNA technology continues to improve, criminal defense attorneys are still skeptical.

In the Steven Avery case, the state was allowed to search Avery’s home without him there several different times for any evidence relating to Halbach’s murder. During one of the last searches, police found Steven Avery’s DNA on a car key in his home that they said belonged to Halbach. However, the DNA found in this case doesn’t fully make sense.

Christopher Corso went on the say that defense attorney’s skepticism lies in the fact that when labs pull DNA off of “evidence”, it’s difficult to separate the multiple strands present. This is not a new issue either, as prosecutors tend to be selective. While it depends on the region and the situation you’re in, crucial case outcomes have been determined by a simple strand of DNA. How is it that one DNA test can prove so much?

Prosecutors want to use this evidence because they feel it’s unique and strong towards their case. How can DNA be completely reliable? The level of the sophistication in the technology is good and advancements continue, but the true question is who is actually pushing the buttons? Who are the people facilitating this and is it fair?

Avery seemed to be the target for the murder of Halbach since the beginning. In his Price of Business segment, Corso goes on to say that the longer Avery stayed in that town, the more that circle of law enforcement profiled him. Avery was doomed, and he was going to be the first suspect Manitowoc County looked to for this type of crime.

Since the series began, a petition was started for Avery and his nephew Dassey to be pardoned for the murder. A response to the petition  was released on whitehouse.gov.

The statement says “Since Steven Avery and Brendan Dassey are both state prisoners, the President cannot pardon them.”

Avery has since also written a letter from prison, declaring that “the truth will set him free.” Currently, Avery is serving a life sentence for the murder of Teresa Halbach.

To achieve the best possible outcome for a criminal case, hiring an experienced, aggressive defense attorney is essential.

No matter the offense, criminal law is complicated, and the appropriate lawyer is crucial for a successful case. The attorneys at Corso Law Group know this to be true, and offer this 10-step guide to choosing the right defense attorney.

1. Decide which type of attorney you need. This is important because attorneys work in a variety of fields and offer various levels of experience. If you need help with a DUI charge, for example, you need a skilled DUI lawyer, not a family or civil rights attorney, and especially not a public defender.

No matter the charge, the repercussions of a crime can impact your life and livelihood. Although you have the option to represent yourself or settle for a public defender, neither of those are good choices if you want to protect your rights and your future.

An aggressive criminal defense attorney with specialized experience can make a world of difference for your criminal case.

2. Understand what an attorney does. Once you decide which type of lawyer you need for your case, learn about what that specific type of attorney does, understand the services they provide and the areas of defense in which their practice focuses.  

For instance, some of the responsibilities of a DUI defense attorney include helping you decide how to plea, creating a strategic legal plan, gathering and sorting through evidence to help your case and representing you in court.

3. Know the possible outcomes of your criminal case and how an attorney can help. Criminal law covers a vast range of offenses, including misdemeanors, felonies, DUIs, traffic violations and domestic violence, to name a few. All of these charges involve different laws and can lead to different outcomes in court.

A good defense attorney should be able to go over possible outcome of your specific case with you, and discuss plea bargains, how trial works and what happens if you’re found guilty or not guilty.

At Corso Law Group, our attorneys offer guidance, expert advice and sound representation to our clients during every phase of a criminal case, keeping each person well informed and involved in their case.

4. Do your research. If you’re facing potential criminal charges, you need the best possible representation. Don’t settle for just any attorney, and research viable options for your case.

Look at professional accreditation sites, like the Better Business Bureau to review trusted firms in your area.

5. Read specific client reviews. If the firm has client testimonials on their website, these reviews can offer helpful insight into how the attorney you’re considering has interacted with other clients throughout the legal process.

Here is an example of a helpful review from Corso Law Group:

“The Best Lawyer in Town. I used this law firm and had a great experience. Great guys, owner stayed late and met with me when I hired. Took the time to explain. A real motivating group, they work hard at what they do. My attorney sat with me for over an hour. No consultation fee at all. Definitely keeping this phone number on my favorites. Thanks for all the hard work. Case Dismissed.” – Sandra R., Peoria, Arizona

6. Stay local. Specific laws and regulations can vary throughout the state, so finding an attorney who works in the area where your case is pending can make a difference as they have experience with that court’s procedures and personnel.

Christopher Corso has previous experience with the Maricopa County Attorney’s Office and other prosecutorial agencies, giving him invaluable knowledge of all side of a criminal case and first-hand experience with multiple aspects of Arizona’s court systems. With this specific knowledge and experience regarding criminal law, he’s able to vigorously defend clients and the range of criminal cases that come his way.  

7. Look for relevant specialties. A criminal defense attorney may work with a variety of criminal charges and specialize in specific areas.

Attorneys at Corso Law Group handle all types of criminal cases, and specialize in Arizona DUIs, photo radar tickets and more.

8. Prioritize experience. Your attorney should have extensive experience representing others who were charged with the same or similar offense as you.

Potential Corso Law Group clients needing a DUI attorney, for example, can see how many Arizona DUI cases have been handled and their results on the firm’s website.

9. Set up a consultation. Meeting in person will allow you to discuss your situation, get to know the attorney, better understand their services, determine who would be involved in your case and find out about cost.

Attorneys at Corso Law Group know how important the initial consultation is, and use this time to hear each client’s side of the story.

10. Match your values. After the initial consultation, decide if you and the attorney are a good match. Your lawyer should do their best to make you feel comfortable, show a genuine interest in wanting to help with your case and keep you closely involved.

Something that sets Corso Law Group apart from other firms is that our attorneys value each client as a person, not just a case. We make an effort to give each client and their families the respect and professional representation they deserve.

The team of skilled criminal defense attorneys at Corso Law Group are experienced in handling everything from DUI defense to felony cases, and we work tirelessly to defend the rights of our clients. Call today to schedule a free consultation (480) 471-4616.