Tempe criminal defense lawyer Arizona with Derek Oliverson on your side
tempe criminal defense lawyer Arizona help starts with Oliverson Law in Tempe Municipal Court, Maricopa County Justice Courts, and Maricopa County Superior Court. Call (480) 582-3637 for a free case evaluation. Derek Oliverson is a former judge, prosecutor, and police officer, so he knows how these cases move.
You are not facing just one hearing. You are facing a system that moves fast, and the first choices matter.
Can an Arizona Tempe criminal defense charge be beaten?
Q: Can a Tempe criminal defense charge be beaten in Arizona?
A: Yes, some charges can be beaten, reduced, or resolved without a conviction. The answer depends on the evidence, the court, and whether the State can prove every element of the charge beyond a reasonable doubt. In Tempe, that often means looking hard at the stop, the search, the seizure, and the police reports before the case gets any farther.
Q: What does that mean for you right now?
A: It means you do not have to guess. A tempe criminal defense lawyer can look for suppression issues, charging problems, and witness weaknesses early. If the State cannot use key evidence, the case can weaken fast. That is true in misdemeanor cases in Tempe Municipal Court and in felony cases in Maricopa County Superior Court.
Q: Why act before the case settles in?
A: Because the first 48 to 72 hours shape a lot. If you are worried about jail time, license suspension, or how long a DUI stays on your record, the sooner you get help, the more options you usually keep. Criminal defense is about making the State prove the case, not about hoping for the best.
What evidence does the state rely on in Arizona?
Q: What does Arizona usually use against you in a Tempe criminal case?
A: The State often relies on police reports, body camera video, witness statements, lab testing, and officer testimony. Those pieces can look strong on paper, but they still have to hold up in court. A tempe criminal defense attorney will look for gaps in the chain of custody, mistakes in the reports, and problems with credibility.
Q: Can one bad piece of evidence change the case?
A: Yes. If a stop was unsupported, a search went beyond consent, or a home entry lacked lawful grounds, the defense may move to suppress evidence under ARS 13-3925 and the Fourth Amendment. If the judge grants that motion, the case may fall apart before trial. That is one reason a tempe criminal defense attorney arizona case review has to start with the facts.
Q: What should you ask about the evidence?
A: Ask whether the officer had a lawful reason to stop you, what the video shows, and whether the State can prove every element. In many cases, the answer is not found in one sentence. It is found by testing every part of the file, one piece at a time.
How is your Arizona defense built step by step?
Q: How does a Tempe case defense usually begin?
A: It begins with the charge, the court, and the timeline. Arizona criminal cases move fast, and the first 24 hours matter because Rule 4.1 of the Arizona Rules of Criminal Procedure requires an Initial Appearance within 24 hours after arrest. That is when release conditions like bond, own recognizance release, or pretrial detention are set.
Q: What happens after that?
A: The next steps are arraignment, plea entry, disclosure, and motion practice. A not guilty plea preserves defenses and triggers the State’s disclosure duties under Rule 15. That is when a tempe criminal defense lawyer arizona team starts asking whether the charging instrument can be challenged, whether the reports match the video, and whether any affirmative defenses apply.
Q: What defenses can matter?
A: Arizona recognizes self defense under ARS 13-404 and defense of a third person under ARS 13-406. Depending on the facts, other defenses like necessity, duress, or mistake of fact may matter too. We also prepare every case as if it may go to trial, because that is often what creates better plea offers or dismissal chances.
Q: Does this help with criminal defense beyond one city?
A: Yes. The same approach applies across Arizona because the courts still want proof, procedure, and a lawful case. That is true in Tempe Municipal Court, Maricopa County Justice Courts, and Maricopa County Superior Court.
Which Arizona court will you face?
Q: Which court hears a Tempe case?
A: It depends on the charge. Tempe Municipal Court hears most city code violations and Class 1, 2, and 3 misdemeanors that arise inside Tempe city limits. Maricopa County justice courts hear state law misdemeanors in their precincts. Maricopa County Superior Court hears all felony cases from the county, including those from Tempe.
Q: Why does that matter for you?
A: Each court has its own pace, procedures, and pressure points. A tempe criminal defense lawyer who knows the local courts can help you understand what comes next before you are standing there alone. If you are dealing with aggravated DUI, assault, drug crimes, theft, weapons, domestic violence, or a probation violation, the court level can change the fight.
Q: What if you are unsure which court your case is in?
A: That is common after an arrest. The charge may start in one place and later move to another, especially if a misdemeanor becomes a felony issue or if the case is filed in Superior Court. Oliverson Law’s main office is in Tempe at 60 E Rio Salado Pkwy, Suite 900, and the team handles cases in Tempe, across Maricopa County, and in Mohave County too.
Q: Should you wait for the court date to get help?
A: No. The earlier you know the court, the sooner a tempe criminal defense attorney can prepare for disclosure, motions, and release issues. That matters when the case could affect jail time, driving, and work.
What penalties are on the table?
Q: What penalties can come with an Arizona criminal case?
A: The penalties depend on whether the case is a misdemeanor or felony, and on the class of offense. Under ARS 13-707, Arizona misdemeanors are divided into Classes 1, 2, and 3. Class 1 misdemeanors can result in up to six months in county jail. Felonies are divided into Classes 1 through 6 under ARS 13-702 and ARS 13-703, with more serious exposure depending on the charge and other factors.
Q: Is the punishment only jail time?
A: No. A conviction can follow you long after the case ends. Even a misdemeanor conviction creates a permanent criminal record unless later set aside under ARS 13-905 or sealed under ARS 13-911. Felony cases can also bring collateral consequences, including firearm rights issues, voting limits while incarcerated, and licensing problems.
Q: What about aggravated DUI or license problems?
A: Those issues can add real pressure fast, especially when you are worried about license suspension, work, and how long a DUI stays on your record. The exact result depends on the charge and the court. A tempe criminal defense lawyer should look at the whole case, not just the headline accusation.
- ARS 13-707 for misdemeanor classes and jail exposure
- ARS 13-702 and ARS 13-703 for felony classes
- ARS 13-905 and ARS 13-911 for later relief from a conviction
When should you get a Tempe criminal defense lawyer involved?
Q: When should you call a Tempe criminal defense lawyer?
A: Right away. The first 48 to 72 hours after an arrest can shape the case, and Rule 4.1 requires an Initial Appearance within 24 hours. If you wait, you may miss the best chance to affect bond, release conditions, or early evidence issues.
Q: Why does speed matter so much?
A: Because early counsel can change what the court sees first. A not guilty plea at arraignment preserves defenses, and early review of police reports, body camera video, and witness statements can reveal problems before they harden into the State’s story. That is where a tempe criminal defense attorney arizona case plan starts to matter.
Q: Who will work on the case at Oliverson Law?
A: Derek Oliverson founded the firm in 2009 after serving as a police officer, prosecutor, and judge. David Tangren also brings prosecution experience from the Pima County Attorney’s Office. Together, they know how criminal cases are built from both sides and how to push back when the State overreaches.
Q: What should you do now?
A: Call (480) 582-3637 for a free case evaluation. You do not need to sort out criminal defense alone, and you do not need to wait until the court date to start protecting yourself.
What are the DUI penalties in Arizona?
Class 1 misdemeanor
Class 1 misdemeanors under ARS 13-707 can result in up to six months in county jail.
Felony classes
Felonies are divided into Classes 1 through 6 under ARS 13-702 and ARS 13-703.
Permanent record
Even a misdemeanor conviction creates a permanent criminal record unless later set aside under ARS 13-905 or sealed under ARS 13-911.
Dangerous offense
Actual exposure can change if the offense is designated dangerous under ARS 13-704.
Why Arizona clients choose Oliverson Law
Courtroom experience
Derek Oliverson is not guessing how the State thinks. He served as a police officer, a criminal prosecutor, and a judge, so he knows how reports are written, how offers are made, and how cases look from the bench.
Local Tempe office
You can reach the firm in Tempe at 60 E Rio Salado Pkwy, Suite 900. That matters when you want a real team close to Tempe Municipal Court and the Maricopa County courts.
David Tangren
David Tangren adds prosecution experience from the Pima County Attorney’s Office. He handled cases from misdemeanors through the felony trial team in the Property and Narcotics Bureau.
Built for trial
The firm prepares cases as if they may go to trial. That approach can improve negotiations, expose weak evidence, and give you a better shot at dismissal or reduction.
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Questions people ask us
Tempe Municipal Court hears most city code violations and Class 1, 2, and 3 misdemeanors that arise inside Tempe city limits. Maricopa County justice courts hear state law misdemeanors in their precincts. Maricopa County Superior Court at 201 W Jefferson St in Phoenix hears all felony cases from the county, including those from Tempe.
Misdemeanors are divided into Classes 1, 2, and 3 under ARS 13-707. Felonies are divided into Classes 1 through 6 under ARS 13-702 and ARS 13-703. Felonies can also carry collateral consequences like firearm rights issues, voting limits while incarcerated, and licensing barriers.
Yes. Even a Class 1 misdemeanor conviction can leave you with a permanent Arizona criminal record unless later set aside under ARS 13-905 or sealed under ARS 13-911. A criminal defense lawyer may be able to pursue reductions, diversion, or dismissal before a conviction is entered.
Arizona’s process moves fast. Rule 4.1 requires an Initial Appearance within 24 hours, where release conditions are set. After that come arraignment, disclosure, motions, and possible plea talks, diversion, dismissal, or trial.
Yes, in some cases. A conviction may later be set aside under ARS 13-905 or sealed under ARS 13-911. The right path depends on the charge, the court, and the result in your case.
Serving and Maricopa County, Arizona
Oliverson Law defends DUI and criminal cases across , Maricopa County, and central Arizona. Pick your city below for local court details, or reach our Phoenix office directly.
Don’t see your city? Call (480) 582-3637. We defend clients across Maricopa County and central Arizona.
Talk with an Arizona criminal defense team now
You do not need to face this alone. Call Oliverson Law at (480) 582-3637 and get a free case evaluation from a team that knows Tempe, Maricopa County, and the court system.