Legal Representation

Arizona Criminal Defense

I provide legal representation for people who have been charged with serious offenses in trial, appeal and post-conviction proceedings.

Areas of Practice

What is unique to my practice is that I handle all aspects of a criminal case from before it is even charged to appeal and post-conviction relief. I frequently am hired to come into a case and help strategize, write motions and special action petitions.

As a second generation native Arizonan who has been in practice for many years, I have a wide professional reach of colleagues in many other legal areas. I am careful to only take cases in my area of practice and frequently assess cases to refer them to the most appropriate attorneys that I trust to handle them.

If you need a lawyer for any type of legal case, and don’t know what to do, I am happy to sit with you to determine who I believe is the best fit for your situation. I am a collaborator with a team approach I will help you identify the problem and if I can’t help you I will find the right legal team for you.

Misdemeanor

Felony

Major Felony

Appeal

Post-Conviction Relief

Consulting

A criminal case, from start to finish, has several stages. We represent people at all of those stages.

Trial

Appeal

Post-conviction

This stage, most often, starts with a formal indictment or complaint. But you may be contacted by law enforcement prior to a formal charge. You never have to talk to law enforcement without an attorney. If you are being asked about your involvement in or witnessing of a crime—we can help you navigate how to best deal with the government.  

If you are indicted or charged with a crime, the case needs to be investigated to determine whether there are legal or factual issues that need to be researched. We have a vast reach of experts and investigators that we can consult with and hire to determine the best course of action in your case. It is in this stage that motions are filed and negotiations occur with an eye towards the best disposition for each individual client. In addition to any negotiations, we are preparing for trial so that we are ready for whatever path the client chooses to take. By the time a choice must be made, the client will have all of the information and we will give our best advice for the client to make the decision.

An appeal is filed at the conclusion of a guilty verdict at trial. An appeal can only raise issues that occured on the record. For example if any motion or objection was denied by the Court, the judge’s decision can be raised in an appeal. If there was no objection made, but the issue is one that goes to the foundation of the case, those issues can also be raised in an appeal.

You cannot appeal from a plea, the mechanism for relief from a plea agreement is a petition for post-conviction relief. The types of relief that can be obtained are more limited from a plea agreement.

If an appeal is denied from a city or justice court, there are only limited options to bring the case to a higher court. 

We have extensive experience in all types of criminal appeals.

Post-Conviction Relief is a way to have an attorney review the case to determine if either the trial attorney or appellate attorney fell below the standard of care such that the client was prejudiced. There are other post-conviction bases as well. If there is a significant change in the law, or newly discovered evidence that could not have been known at the time of trial with due diligence among others. We evaluate each case for any basis to bring a claim. We have extensive experience in post-conviction relief and have used this legal avenue to overturn many convictions and sentences of our clients.

At this stage we will file motions and negotiate with an eye towards the best disposition for each client. During this stage we will be preparing for trial so that we are ready for whatever direction the client chooses to take.

3.

Motions filed & negotiations

Once you are indicted or charged with a crime an investigation needs to occur to determine whether there are legal or factual issues that need to be researched. During this stage we may reach out to our vast network of experts and researchers to consult the case.

2.

Investigation

The Trial process begins with a formal indictment or complaint. However, you may be contacted by law enforcement prior to a formal charge. You never have to speak to law enforcement without an attorney. At this stage you may decide to obtain an attorney.

1.

Formal Indictment
or complaint 

The Process

What can I expect?

Career highlights

State v. Berger, 127 S.Ct. 1370 (2007) (United States Supreme Court)

State v. Berger challenged the constitutionality of the sentencing in possession of child pornography cases. 

State v. Nissley, 241 Ariz. 327 (2017)

This groundbreaking case clarified the requirement for the prosecution to prove a defendant’s voluntary consent to medical treatment in cases involving blood draw exceptions to the Fourth Amendment.

Notable Reversals:
State v. Henderson

State v. Henderson was the reversal and subsequent dismissal of a sexual assault and kidnapping charges. 

Notable Reversals:
State v. Jones

State v. Jones involved the reversal of a first-degree murder conviction, and life sentence.

Frequently Asked Questions

1. When should I hire an attorney?

Criminal defense attorneys can assist you before any charges are brought in a case. If law enforcement contacts you during the course of an investigation, you can hire an attorney to represent your interests. It is always best to hire an attorney as early on in the legal process as possible.

2. What lawyer fees can I expect?

Depending on the case, we charge a flat fee or an hourly rate.  We keep track of the hours spent on any case.

3. What are the penalties for felonies in Arizona?

Depending on the way the case is charged and a person’s prior history, there is a range of penalty for any felony offense. 

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Ballecer & Segal

Natalee Segal, helping you navigate the criminal justice system