Arrest, Dismissal, or Conviction?

How to Keep a Clean Record in Arizona

Landing a new job or apartment can be tough when a background-check company reports an old arrest—even if the charges were dismissed. Arizona law draws a sharp line between an arrest or charge and a conviction. Unfortunately, many private databases—and some hiring managers—ignore the distinction. Below is a quick guide to your options under ARS 13-4051 (notation of clearance) and Arizona’s quirky Class 6 “undesignated” felony rules.

1. Dismissed or Not-Guilty? You Have No Criminal Record—But the Arrest Still Shows Up

• Arizona only creates a “criminal record” after a conviction (guilty plea, no-contest plea, or jury verdict).
• Dismissals and acquittals leave you legally innocent—yet databases still display the arrest and charge.

2. Using ARS 13-4051 to Seal or Annotate a Wrongful Arrest

ARS 13-4051 lets an actually innocent person ask the court for:

• A formal notation that he or she was “wrongfully arrested, indicted, or charged.”
• An order barring police, prosecutors, or courts from releasing the records.
• Civil-damages liability against any agency that ignores the order.

Key point: “Wrongfully” means truly blameless (e.g., DUI blood test returns 0.00% BAC). A routine acquittal because the State failed to prove guilt beyond a reasonable doubt does not qualify.

3. The Class 6 Undesignated Felony Trap

Many first-time defendants plead to a “Class 6 undesignated felony.” After successful probation, the court may designate it a misdemeanor—but the change is not automatic. If you see “F-6” on your background check, one of two things probably happened:

1. The probation officer never filed the motion to convert it.
2. The judge signed an order, but the clerk never updated DPS or private databases.

Fixing an Undesignated Felony

• Ask your probation officer (in writing) to file the designation motion.
• Better: have a criminal-defense lawyer draft and file the motion directly, then follow up to ensure the record updates with DPS, NCIC, and private data brokers.

4. Practical Steps if Your Background Check Is Wrong

1. Get documentation: docket printouts, minute entries, dismissal orders, or the ARS 13-4051 clearance order.
2. Dispute inaccuracies with the reporting agency under the Fair Credit Reporting Act (they must correct within 30 days).
3. Review DPS & FBI files—request your own criminal-history record and fingerprint card.
4. Consult counsel for a motion to designate (Class 6) or to obtain an ARS 13-4051 order.

Need Help Cleaning Up Your Record in the East Valley?

Ted Law guides Tempe-area residents through record corrections, class-6 designations, clearance notations, and aggressive defense of new charges. Let us make sure old mistakes—or false accusations—don’t derail your future.

Call (602) 453-3100 or contact us online for a free confidential consultation. Phones answered 24 / 7.

 

Facing a Drive-By Shooting Charge in Arizona?

Understanding ARS 13-1209 and Your Defense Options

Firearms remain a leading cause of injury and death in Arizona. State lawmakers respond with aggressive statutes targeting gun crime—none more serious than ARS 13-1209, Arizona’s drive-by-shooting law. If you have been arrested in Tempe or anywhere in Maricopa County for allegedly firing a weapon from a vehicle, you are staring down a Class 2 felony—and mandatory prison time if convicted.

What Counts as a Drive-By Shooting?

Under ARS 13-1209, it is illegal to intentionally discharge a firearm from a motor vehicle at any of the following:

• A person
• An occupied motor vehicle
• An occupied structure (home, business, etc.)

You do not have to hit anyone to be charged. The mere act of firing is enough. ARS 13-1209 overlaps with other gun statutes—such as misconduct involving weapons (ARS 13-3102) and unlawful discharge (“Shannon’s Law”)—but the involvement of a vehicle elevates the offense to its own category.

Penalties for Violating ARS 13-1209

• Class 2 felony conviction (one step below Class 1)
• Mandatory minimum of 7 years in state prison (first offense)
• Up to 35 years if you have prior felony convictions
• Driver’s-license revocation (1–5 years) and destruction of the license
• Seizure & forfeiture of the vehicle used in the shooting
• Additional fines, restitution, probation, or community service

Given the severity, it is critical to involve counsel immediately to explore reductions—such as negotiating to an unlawful-discharge count (a Class 6 felony) or other lesser charge.

Possible Defense Strategies

The prosecution must prove guilt beyond a reasonable doubt. Depending on the facts, a Tempe criminal-defense attorney may argue:

• Mistaken identity / wrong defendant
• Flawed show-up or lineup procedures
• Fourth-Amendment violations (illegal stop, search, or warrant)
• Denial of counsel or Miranda errors
• Inaccurate ballistics or forensic testing
• Police-report discrepancies or officer misconduct

An aggressive defense may lead to dismissal, reduction to a lesser felony, or mitigation at sentencing.

Why Hire Ted Law?

• Decades of combined experience with serious Arizona gun charges
• Familiarity with Maricopa County courts, judges, and prosecutors
• 24/7 availability for jail visits and emergency bond hearings
• Proven track record negotiating lesser charges and avoiding mandatory prison

Call (602) 453-3100 or contact us online for a free, confidential consultation. The sooner we intervene, the better chance we have of protecting your freedom and your future.

 

Criminal Littering & Polluting in Arizona (A.R.S. § 13-1603)

 

A Quick Guide for Tempe Residents

Most of us have dropped a coffee cup, tossed a cigarette butt, or left trash behind at some point. Few realize those seemingly minor actions can lead to criminal charges in Arizona. Under A.R.S. § 13-1603, “Criminal Littering or Polluting” ranges from a Class 2 misdemeanor to a Class 6 felony depending on the circumstances. Below is an overview of how the statute works—and why even a small piece of litter can have big legal consequences if you’re cited or arrested.

How Arizona Defines Criminal Littering

Under the statute, you may be charged if you:

• Throw, drop, place, or allow litter, destructive, or injurious material on public property or someone else’s property and do not remove it immediately.
• Discharge sewage, oil products, or harmful substances into state waters or onto shorelines.
• Dump earth, soil, rocks, minerals, or similar material on land without permission.

Common Examples

• Tossing a soda can in a parking lot and driving away.
• Dropping a cigarette butt out your car window on a Tempe freeway.
• Illegally dumping construction debris in the desert.
• Releasing motor-oil runoff into a storm drain.

Penalties for Criminal Littering

Classification	Typical Scenario	Potential Penalty*
Class 2 Misdemeanor	Most littering under 50 ft from roadway or <300 lbs	Up to 4 months jail & $750 fine (+ surcharges)
Class 1 Misdemeanor	Destructive/injurious material within 50 ft of highway, beach, or shoreline	Up to 6 months jail & $2,500 fine (+ surcharges)
Class 6 Felony	Litter exceeds 300 lbs / 100 cubic ft, or dumping for commercial purpose	0.33 – 2 years prison (first offense) & up to $150,000 fine

*Penalties increase if you have prior felony convictions.

Why You Should Take These Charges Seriously

A criminal littering conviction—even a misdemeanor—can carry collateral consequences:

• Permanent criminal record
• Higher insurance premiums or job-application hurdles
• Mandatory community-service or clean-up programs
• Restitution for environmental damage

Defending Against Littering Charges

Possible defenses may include:

• Lack of evidence that you discarded the item
• Ownership or control issues (e.g., material blew off a truck without your knowledge)
• Mistaken identity or inaccurate license-plate capture
• Violation of your constitutional rights during stop, search, or seizure

An experienced defense lawyer can review citation details, challenge officer observations, and negotiate for dismissal, diversion, or reduced charges.

Charged with Criminal Littering in Tempe?

Ted Law has extensive experience defending misdemeanor and felony environmental offenses. We will analyze the facts, identify weaknesses in the State’s case, and fight for the best outcome—whether that’s dismissal, reduced penalties, or alternative sentencing.

Call (602) 453-3100 or contact us online for a free consultation. Early intervention can make all the difference.

 

Facing a Felony in Maricopa County Superior Court?

 

Ted Law | Tempe Criminal Defense Attorney
Call (602) 453-3100 for a Free Consultation

Being charged with a felony in the Maricopa County Superior Court can be overwhelming. However, understanding how the process works may help ease some of the anxiety. Below is an overview of typical procedures for lower-level felonies in Maricopa County. If you still have questions, reach out to an experienced criminal lawyer in Tempe to discuss your situation and legal options.

Maricopa County Superior Court Procedure

Lower-level felony cases in Maricopa County often follow this roadmap:

1. Initial Appearance
   Occurs within 24 hours of an arrest or on a date specified by a summons. During the initial appearance, the court will:
   • Inform you of the charges you’re facing
   • Set release conditions (bail, own recognizance, etc.)

   Having an attorney present at this stage is critical because once the release conditions are set, changing them can be challenging.

2. Regional Court Center (RCC)
   Most cases begin in the RCC (located either downtown Phoenix or in Mesa). At this point:
   • No formal probable cause finding has occurred yet.
   • The standard rules of criminal procedure do not fully apply.
   • Hearings are typically labeled “status conferences” or “non-witness preliminary hearings.”

   Your lawyer may attempt to negotiate a resolution with the prosecutor early on. It’s the policy of the Maricopa County Attorney’s Office to claim that plea offers won’t improve once you leave the RCC, though they may issue different offers later. Often, subsequent offers are less favorable.

3. Preliminary Hearing / Grand Jury Proceeding
   The State must secure a finding of probable cause to proceed with felony charges. They can:
   • Hold a preliminary hearing where you and your lawyer can attend and cross-examine witnesses.
   • Convene a grand jury in secret, with no right for you to be present.

   In both scenarios, the outcome depends on whether it appears probable that a crime was committed and that you committed it.

4. Arraignment
   Similar to the initial appearance, the court formally presents the charges now established by probable cause (via preliminary hearing or indictment). The court sets upcoming hearing dates. Some cases skip straight to this stage if the State used a grand jury indictment from the start.
5. Initial Pretrial Conference (IPTC)
   The first hearing in front of a commissioner after leaving the RCC. It’s a procedural check to ensure compliance with criminal procedure rules. In some instances, the State might extend a plea offer here.
6. Comprehensive Pretrial Conference (CPC)
   The first hearing in front of the case management judge, aimed at addressing discovery or evidentiary issues. This judge typically guides the case from this point forward.
7. Final Trial Management Conference
   The court confirms whether both parties are ready for trial. Important deadlines hinge on this date.
8. Master Calendar
   On the trial date, the case is assigned to a trial judge. Although the case management judge normally has priority, reassignment can occur if needed.

Additional hearings—such as evidentiary hearings, oral arguments, complex case management conferences, changes of plea, and status conferences—may also arise. Each case is unique, but these steps provide a general structure for Maricopa County felonies.

What to Do If You Are Facing Charges in Maricopa County Superior Court

If you’re dealing with felony charges in Maricopa County, you need aggressive and experienced representation. The consequences of a felony conviction can be severe, affecting every area of your life—from employment to housing. Don’t face this process alone.

At Ted Law, we have extensive experience defending individuals in felony proceedings. We offer free consultations for Maricopa County Superior Court cases.
Call (602) 453-3100 or contact us online to schedule your free consultation. The sooner you reach out, the sooner we can work on securing the best possible outcome for your case.

 

Tempe, Arizona—home to Arizona State University—is a vibrant college town. However, its proximity to a bustling nightlife and social scene sometimes puts students and residents at risk of facing drug possession charges. If you find yourself accused of possessing illegal substances, it’s essential to understand your rights under Arizona law and the best ways to protect your future. Below is an in-depth look at what you need to know and the steps you can take to navigate this challenging situation.

---

1. Understanding Drug Possession Charges in Arizona

Arizona has some of the strictest drug laws in the country. Penalties can vary depending on factors such as:

• Type of Substance: Charges differ for marijuana, prescription drugs, narcotics, or more dangerous substances like methamphetamine.
• Quantity: Possessing a small personal-use amount may result in lesser charges than possessing a large quantity that suggests intent to distribute.
• Criminal History: First-time offenders may qualify for diversion programs, while repeat offenders face tougher penalties.

Under Arizona Revised Statutes—particularly Title 13—drug charges can lead to fines, community service, probation, or even significant jail time. Understanding the exact nature of your charges is crucial to building a proper defense.

---

2. The Impact on College Students at ASU

If you’re an Arizona State University (ASU) student, you have additional concerns beyond the legal penalties:

• Academic Consequences: Students may face disciplinary actions from ASU, including suspension or expulsion.
• Housing Restrictions: A drug-related offense might jeopardize on-campus housing or violate lease agreements in off-campus residences.
• Financial Aid & Scholarships: Certain grants, loans, and scholarships can be lost if you are convicted of a drug-related offense.
• Career Outlook: Many employers conduct background checks, so a conviction can significantly limit future employment opportunities or professional certifications.

---

3. Why You Need Legal Representation Immediately

Facing drug charges without professional help can lead to severe outcomes. A dedicated Tempe criminal defense attorney can:

1. Explain the Charges
   • Clarify your rights, possible defenses, and potential legal outcomes.
2. Protect Your Rights
   • Law enforcement may use statements you make against you. A lawyer ensures you don’t unintentionally incriminate yourself.
3. Negotiate with Prosecutors
   • Skilled negotiation can sometimes result in lesser charges or alternative sentencing (such as a drug diversion program).
4. Challenge Evidence
   • Your lawyer can question the legality of search and seizure procedures or point out flaws in lab tests.
5. Pursue Alternatives to Conviction
   • For first-time offenders, programs like TASC (Treatment Assessment Screening Center) or drug court may be available, helping you avoid a permanent criminal record.

---

4. Your Action Plan: Handling a Drug Possession Arrest

1. Stay Calm and Polite
   • Do not argue with the arresting officer or resist arrest, as it can worsen the situation.
2. Use Your Right to Remain Silent
   • Politely but firmly let officers know you will not answer questions without an attorney present.
3. Request an Attorney Immediately
   • Call Ted Law at (602) 453-3100 or contact a trusted criminal defense lawyer. Time is critical; the sooner you have representation, the stronger your defense can be.
4. Avoid Discussing Your Case
   • Refrain from talking about the charges with anyone other than your lawyer—this includes social media, text messages, and phone calls from jail.
5. Follow Your Attorney’s Guidance
   • Your lawyer will advise you on court appearances, evidence collection, and statements. Stick to the plan to achieve the best possible outcome.

---

5. Potential Defenses & Outcomes

• Unlawful Search or Seizure: If the evidence was obtained without a valid warrant or probable cause, it might be excluded from court.
• Lack of Knowledge: You may argue you were unaware of the drugs in your vicinity (e.g., someone left them in your car).
• Entrapment: In rare cases, you might claim law enforcement induced you to commit the offense.
• Diversion Programs: First-time offenders who meet specific criteria may have charges reduced or dismissed upon successful program completion.

Each situation is unique, and the best defense depends on the specific details of your case.

---

6. How Ted Law Can Help

At Ted Law, we have experience defending ASU students and Tempe residents facing drug charges. We recognize the high stakes—academic, financial, and personal—that come with a drug conviction. Our firm offers:

1. Customized Strategies: We tailor a defense approach that suits your case, focusing on your unique circumstances.
2. Proactive Communication: We keep you informed, promptly answering questions and clarifying legal procedures.
3. Aggressive Advocacy: Whether negotiating a plea deal or fighting in court, we work tirelessly to preserve your rights and future.

---

7. Don’t Let a Drug Charge Derail Your Future

A drug possession charge does not have to define your life. With the right legal representation and a well-crafted defense, you can protect your education, career prospects, and personal reputation.

Call Ted Law at (602) 453-3100 or reach out online for a free consultation. We’re available 24/7 to discuss your rights, walk you through your legal options, and start building a robust defense tailored to your needs.

---

Disclaimer: This content is provided for informational purposes only and does not constitute legal advice. For guidance specific to your circumstances, please consult an attorney.

When facing criminal charges in Tempe, Arizona, you have more options than simply challenging the prosecutor’s evidence. Under Arizona law, there are two primary categories of defenses—affirmative defenses and justification defenses—that can significantly impact the outcome of your case. Below is an overview of both, along with how they could play a crucial role in protecting your rights and freedom.

---

1. Affirmative Defenses

Under A.R.S. § 13-205, defendants raising an affirmative defense must prove it by a preponderance of the evidence—a lower standard than the State’s burden to prove guilt beyond a reasonable doubt, but a burden on the defendant nonetheless.

Common Affirmative Defenses in Arizona

• Entrapment
  You claim law enforcement coerced or induced you into committing a crime you otherwise would not have committed.
• Lack of Sexual Interest
  Typically used in certain sex crime cases where demonstrating a lack of sexual intent is pivotal.
• Inoperable Firearm
  In Misconduct Involving Weapons cases, showing a firearm could not function may negate certain weapons charges.
• Using a Drug as Prescribed
  In DUI cases, demonstrating you were following legitimate medical advice when using a prescribed substance can be a viable defense.

Because affirmative defenses shift the responsibility of proof to you, it’s critical to have knowledgeable legal counsel who can gather compelling evidence and present a persuasive argument in court.

---

2. Justification Defenses

Unlike affirmative defenses, justification defenses in Arizona do not require you to prove anything. Under the updated language of A.R.S. § 13-205, once there is any evidence supporting a justification defense, the State must prove beyond a reasonable doubt that you were not justified.

Common Justification Defenses

1. Self-Defense
   Claiming you used force to protect yourself from imminent bodily harm.
2. Defense of Property
   Arguing your force was necessary to prevent illegal interference with your possessions.
3. Defense of a Third Party
   Intervening on someone else’s behalf to stop immediate harm or threat.
4. Use of Force in Crime Prevention
   Taking necessary action to halt the commission of a serious criminal act.
5. Duress
   Showing you were coerced into unlawful conduct by immediate threats of harm or death.

Once your attorney introduces enough evidence to warrant one of these defenses, prosecutors must overcome it by demonstrating beyond a reasonable doubt that your actions were not justified.

---

Why These Defenses Matter for Tempe Residents

Tempe is home to a diverse community, including students from Arizona State University, longtime residents, and tourists. Whether you are a local or a visitor, being arrested for a crime can be overwhelming. If you’re faced with serious allegations—ranging from DUI to assault to weapons charges—either an affirmative or justification defense may be a game-changer in your case.

Key Points

• Burden of Proof: Affirmative defenses require you to prove key facts; justification defenses shift the burden back to the prosecution.
• Legal Nuance: Properly invoking these defenses demands knowledge of Tempe court procedures and Arizona statutes.
• Potential Outcomes: A well-argued defense can lead to reduced or dropped charges, minimizing or eliminating penalties that could affect your future.

---

Building a Strong Defense Strategy

Defending against criminal charges in Tempe goes beyond just claiming innocence. You need a well-rounded approach that may incorporate:

1. Factual Investigation: Gathering police reports, surveillance footage, witness statements, and any other evidence that supports your defense.
2. Statutory Analysis: Examining Arizona’s criminal codes to identify potential affirmative or justification defenses.
3. Courtroom Advocacy: Presenting arguments convincingly before a judge or jury, ensuring they understand how the law applies to your situation.

---

Contact Ted Law in Tempe, Arizona

If you’re facing criminal charges and believe an affirmative or justification defense could apply to your case, don’t go it alone. Attorney Theodore Agnick at Ted Law has extensive experience navigating Arizona’s criminal justice system, including Tempe’s local courts. Our firm is committed to protecting your constitutional rights and fighting for the best possible resolution.

• Free Consultation: Learn about your legal options at no cost.
• Client-Focused: We offer personalized attention and open communication from start to finish.
• Available 24/7: We understand emergencies happen day or night.

Call (602) 453-3100 or reach out online to schedule a confidential, no-obligation consultation. We’re here to help you mount the strongest possible defense, ensuring your side of the story is heard and your rights remain protected.

---

Disclaimer: This article is for informational purposes only and does not constitute legal advice. For counsel specific to your situation, consult a licensed attorney.

What Are Dangerous Offenses in Arizona?

According to Arizona Revised Statutes § 13-105(13), a dangerous offense is one that involves either:

1. The use, threatened exhibition, or discharge of a deadly weapon or dangerous instrument, or
2. The knowing or intentional infliction of serious physical injury.

• Deadly weapons include firearms and any other object designed for lethal use.
• Dangerous instruments can be anything readily capable of causing serious physical injury or death, depending on how it is used or threatened to be used.
• Serious physical injury involves a reasonable risk of death, permanent and serious disfigurement, loss or impairment of a bodily organ or limb, or serious impairment of health.

---

Examples of Dangerous Offenses

Many crimes in Arizona may be classified as dangerous offenses if they involve deadly weapons or result in serious physical injury. These can include:

• Murder
• Manslaughter
• Sexual Assault
• Aggravated Assault causing serious bodily harm
• Dangerous Crimes Against Children
• Sexual Conduct with a Child Under 15
• Child Prostitution
• Arson of an Occupied Structure
• Armed Robbery
• First-Degree Burglary
• Kidnapping (involving a weapon)

For instance, if you commit kidnapping using a handgun, you could be charged with a dangerous offense and face elevated sentencing.

---

Sentencing for Dangerous Offenses

Arizona applies a unique sentencing scheme under A.R.S. § 13-704 when the offense is deemed dangerous:

• Class 2 Felony: 7 to 21 years in prison (presumptive term is 10.5 years)
• Class 3 Felony: 5 to 15 years in prison (presumptive term is 7.5 years)
• Class 4 Felony: 4 to 8 years in prison (presumptive term is 6 years)
• Class 5 Felony: 2 to 4 years in prison (presumptive term is 3 years)
• Class 6 Felony: 1.5 to 3 years in prison (presumptive term is 2.25 years)

Unlike non-dangerous offenses, aggravating and mitigating factors typically do not reduce or increase a sentence for a dangerous offense. The presumptive term is often imposed unless there are very specific circumstances.

Examples of Penalties

• Armed Robbery (Class 2 Felony): 7 to 21 years in prison, plus up to $150,000 in fines.
• Assault with a Deadly Weapon (Class 3 Felony): 5 to 15 years in prison, plus up to $150,000 in fines.

---

Repeat Dangerous Offenses

If you have prior felony convictions for dangerous offenses, you face even harsher penalties under Arizona law. For instance:

• One Historical Prior Felony (Class 2 Dangerous): Sentences can go up to 28 years.
• Two or More Historical Prior Felonies (Class 2 Dangerous): Sentences can go as high as 35 years.

---

Defending Against Dangerous Offense Charges

Although being accused of a dangerous offense is serious, a conviction is not guaranteed. Attorney Theodore Agnick at Ted Law will explore defenses such as:

1. Reasonable Doubt: Challenging the evidence and witnesses to show the prosecution failed to prove each element beyond a reasonable doubt.
2. Self-Defense: Arguing that a weapon was used lawfully to protect yourself or someone else.
3. Procedural Violations: Demonstrating that your constitutional rights were violated during the investigation or arrest (e.g., unlawful search and seizure).
4. Lack of Intent: Showing that you never knowingly or intentionally caused serious physical injury.

By investigating every angle, we can often negotiate for reduced charges or even get charges dismissed.

---

Why Choose Ted Law for Your Defense?

• Dedicated Focus: Attorney Theodore Agnick devotes his practice to criminal defense, ensuring up-to-date knowledge of Arizona statutes and case law.
• Proven Track Record: We have experience defending clients in Tempe, Phoenix, and surrounding areas against serious felony charges, including dangerous offenses.
• Client-Centered Approach: We keep you informed at every stage and tailor defense strategies to the specifics of your case.

---

Contact Ted Law Today

Dangerous offenses carry severe penalties—longer prison terms, higher fines, and a lifetime impact on your record. Don’t face these charges alone. If you’re under investigation or already charged in Tempe or Phoenix, contact Attorney Theodore Agnick at Ted Law immediately.

Call (602) 453-3100 or reach out online for a free, confidential consultation. We’re committed to providing you with a strong legal defense so you can focus on moving forward with your life.

---

Disclaimer: This content is for informational purposes only and does not constitute legal advice. For advice specific to your circumstances, please consult an attorney.

If you have been investigated for—or charged with—a dangerous offense in Arizona, you could face significantly harsher penalties than for a standard criminal charge. Tempe and Phoenix prosecutors take these cases very seriously because they involve deadly weapons or the infliction of serious physical injury. At Ted Law, Attorney Theodore Agnick provides strategic and aggressive defense for individuals facing dangerous offense charges. With years of experience defending clients throughout Tempe, Phoenix, and surrounding areas, Attorney Agnick understands the complexities of Arizona law and how to protect your rights.