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Criminal Defense Archives

What do judges consider during sentencing for felony offenses?

If you are convicted of a felony offense in Maricopa County, you could face a wide range of penalties. The decision regarding the penalties you will face generally falls to the judge who oversaw your case. At The Baker Law Firm, LLC, people frequently ask us about how sentences are determined. In this post, then, we will discuss what factors are considered when deciding the type and severity of penalties you will face.

Arizona eyewitness testimony is not always reliable

Law enforcement throughout Arizona often relies on the testimony of eyewitnesses as evidence during criminal investigations and criminal trials. Historically, statements from eyewitnesses have been considered one of the most reliable sources of proof. Research shows, however, that the opposite is true. In fact, misidentifications by eyewitnesses are the leading factor in wrongful convictions that are overturned through DNA testing, according to the Innocence Project.

What to know if someone files a restraining order against you?

There are many reasons that a person may wish to file for a restraining order. One common cause is if the filer claims they have been the victim of domestic assault or violence. In order to protect themselves, they may file for a restraining order. However, that may have big consequences for the person the order is filed against even if they are not at fault.

Exonerees face challenges after release from prison

Not everyone who goes to prison is guilty of a crime. Many of those convicted of crimes in Phoenix and elsewhere in the country are actually innocent of any wrongdoing. In fact, according to Smithsonian magazine, there may currently be about 136,000 innocent people serving time in prison right now. At the Baker Law Firm, LLC, we have heard that the rate of wrongful convictions falls between 4 and 6 percent throughout the country. Therefore, if you are fighting allegations for which you are not guilty, you are not alone.

16,000 out of 21,000 people in Ferguson have an arrest warrant

Many Arizona residents may not realize that an arrest may be the result of multiple factors. Not all of these are always fair. In some situations, an arrest might be made due to a systemic criminalization of a population by law enforcement authorities.

What are juries responsible for in criminal cases?

Certain criminal cases are tried before juries. In these cases, jury members are tasked with very specific duties. According to the Preliminary Criminal Instructions, available through the Arizona Bar Association’s website, juries are responsible for deciding the facts and applying laws. These determinations must be made purely from the evidence presented by attorneys during the trial.

ACLU study finds SWAT teams increasingly used to search homes

Here at the Baker Law Firm, we have been helping clients in the Phoenix area defend against criminal charges for nearly a decade. We have seen firsthand that in some cases, law enforcement authorities can overstep their authority, sometimes leading to improper arrests as well as injured bystanders.

Defenses to statutory rape under Arizona law

Arizona state law prohibits certain types of sexual conduct involving minors. This category of sex crimes, commonly referred to as statutory rape, is codified in chapter 14 of the Arizona Revised Statutes. Several defenses to this crime are also included in these statutes.

Most crimes consist of 2 basic elements

Since opening its doors in 2005, the Baker Law Firm has provided criminal defense services to thousands of Arizona residents. A big component of our success comes from our belief that it is important for our clients to understand their situations and legal options. Often, this involves a discussion of the basics of a crime. 

What are Arizona’s laws penalties for felonies?

Being charged with a crime regardless of the reason can be a very intimidating experience for anyone in Arizona. One thing that can be helpful for people in these situations is to understand not only the allegations but the potential penalties associated with them should a conviction result.