Flagstaff Criminal Defense Lawyer

Flagstaff Criminal Defense Lawyer

Flagstaff Criminal Defense Attorney

If you believe you are suspected of a crime or anticipate an arrest, contact our firm. You need an experienced advocate who is on your side every step of the way, and our Flagstaff criminal defense lawyers are the team who will be.

At The Kaiser Law Group in Flagstaff, we know how to build arguments and connect the evidence to the legal requirements of your claim or defense. We understand the techniques of investigation, working with expert witnesses, providing forensic testimony, negotiating with prosecutors, and presenting your case in court.

These bases of knowledge are invaluable resources whether your legal issue involves criminal charges, serious personal injury, or any Federal criminal matter. We strategically build upon the evidence and present the facts appropriately to obtain the best possible outcome. Our founding attorney, Daniel B. Kaiser, has earned a solid reputation as a Flagstaff criminal defense lawyer for his willingness and ability to go to trial when necessary to serve the best interests of his clients.

What Are Common Criminal Defense Positions in Flagstaff?

If you are facing criminal charges in Flagstaff, you may be wondering what defense positions have been executed in the past under criminal law. The following are some of the most common defense strategies that can be implemented when working with a Flagstaff criminal defense lawyer:

  • Innocence: One of the most common positions taken by a criminal defense attorney is that their client is innocent of the criminal charges they face. This position seeks to raise doubt in the court that the allegations are truthful by presenting evidence that refutes the prosecution’s claims. An attorney may leverage a combination of alibi and witness testimony with surveillance footage and DNA evidence to defend their client.
  • Alibi: An alibi is an individual or entity that can attest you were at a different location during the time of the crimes. This would make it impossible for you to have committed the crime. Having a strong alibi in combination with photos or video that support their testimony can help to have the charges dropped and redirect the prosecution to finding who actually is at fault.
  • Self-defense: Any violent crime cases, such as assault or manslaughter, may allow an attorney to take a self-defense position on behalf of their client. This requires the attorney to make the argument that their client acted in self-defense to protect themself or someone else from a threat of violence. This will require proof that the defendant actually faced a threat, such as being held at gunpoint or physically harmed.
  • Mental incapacity: If you were not in the right state of mind at the time of the alleged crime, a legal defense attorney could leverage a mental incapacity defense. This strategy relies on the attorney to prove that their client has a mental health condition or illness that prevented them from understanding their actions and the consequences of those actions. Examples of mental illnesses could include schizophrenia, bipolar disorder, or PTSD.
  • Illegal search and seizure: All law enforcement officers are required to obtain a search warrant before entering someone’s property and obtaining evidence that can be used in court. If a defense attorney is able to prove that they violated this job requirement, it could dismiss a ton of evidence that the prosecution was relying on to make their case. Without this evidence, it could reduce or dismiss the charges against the defendant.
  • Police misconduct: If a defendant is suspicious that the officers at the scene engaged in misconduct, a defense attorney can investigate to find evidence this happened. Charges can be dismissed if there is evidence of illegal behavior, such as planting evidence or coercing a confession. This could give the defendant an opportunity to pursue legal action against the officers for damages they faced from the misconduct, such as defamation.
  • Plea bargaining: It may be in the defendant’s interest to negotiate a plea deal. This is recommended in scenarios when the evidence being used against the defendant is strong and a guilty verdict is likely. In exchange for pleading guilty, the defendant could be awarded with reduced changes. In some cases, this could keep the individual out of prison by participating in alternative punishments, such as parole or community service.

FAQs About Flagstaff, AZ Criminal Defense Laws

What Should I Do if I’m Arrested in Flagstaff?

If you have been arrested in Flagstaff and are unsure what to do, first be sure to keep quiet and exercise your right to remain silent. It is recommended that you share all your own thoughts and accounts of the alleged crime with your attorney to avoid saying anything that can be used against your position in court.

Your attorney will be able to guide you in each step of the legal process to maximize your chances of success without unnecessary mistakes that could delay your case or increase the charges. Everyone is innocent until proven guilty, so it’s critical that you remain as calm as possible while working with your defense attorney to ensure a fair and balanced trial.

Can I Have My Criminal Record Expunged in Flagstaff?

Yes, there are some scenarios where the expungement or sealing of a criminal record is a viable possibility. The nature of the charged offense and the extent of your criminal history will be two large factors taken into consideration.

For example, a first-time offender with a non-violent crime, such as a drug offense, has a higher chance of having their record cleared when compared to someone with a history of committing violent crimes. The longer the time has passed since the charge was made official also plays a role in expungement, as it gives the court a chance to see that an individual does not repeat the offense and reintegrates themselves back into society.

What Is the Difference Between a Misdemeanor and a Felony in Flagstaff?

Misdemeanors are less serious criminal offenses that could require a single year of prison if a prison sentence is even imposed to begin with. In contrast, felonies are more severe crimes that come with longer prison sentences. Felonies could even result in a life sentence in extreme cases, such as first-degree murder. However, it’s important to remember that all cases are unique, and until a legal decision is made, no one can truly assess what the outcome of your case may be.

What Is the Role of the Prosecution in a Flagstaff Criminal Case?

A prosecutor’s role is to represent the state’s interests. They are the party who initiates the original charges, conducts an investigation, and presents the evidence they have legally collected. Their overall objective is to prove the defendant’s guilt beyond a reasonable doubt.

However, this does not mean that they will always be successful. Having a dedicated Flagstaff criminal defense lawyer to challenge the prosecution’s arguments, offer combative evidence, and supervise the entire process can ensure your rights are not violated. All of this will help to ensure you receive a fair trial while maximizing your own chances of success.

Why Hire The Kaiser Law Group?

Experience matters. Legal knowledge and ability matter. We draw on our vast experience in the courtroom and in investigations to prepare every matter thoroughly for court. We also go the extra mile – every day – as we strategically fight to protect the best interests of our clients. Moreover, we understand how important your legal situation is to you. That’s why we work closely with you to get your side of the story and keep you informed of all developments in your case. We also ensure you understand all your options so that you can make decisions that are in your best interests.

Control Your Case With A Trial Lawyer Who Fights For Results

Legal problems do not necessarily arise during a strict business-day schedule. For that reason, we are available 24/7. Contact our office in Flagstaff at 928-278-4748 to request a consultation.