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Arizona Legal Rights as a Criminal Defendant:

At Montano Arentz & Associates, PLLC, their Phoenix and Arizona criminal lawyers believe in defending the individual rights of those accused of a crime. Being arrested or charged can happen to anyone and you are not alone. They are on your side and they can help protect you from the government. Contact their Phoenix, Tempe and other Arizona area criminal lawyers now to schedule your free office visit.

Oftentimes, people who are arrested do not understand or know their legal rights. Here, they attempt to explain your rights as a criminal defendant.

1. Right to an Attorney

Defendants have the right to representation by criminal lawyers throughout the entire criminal proceeding. In felony and serious misdemeanor cases, the court will appoint an attorney for the defendant at no charge if the defendant cannot afford to hire one. However, if the defendant can afford to hire an attorney, the court will not appoint one or if the court does, the defendant may be required to pay all or part of the attorneys fees.

2. Right to a Jury Trial

On felony, D.U.I. and serious misdemeanor cases, defendants have a right to a speedy, public jury trial. On other misdemeanor cases, defendants have a right to a speedy trial with a judge. At the trial, the defendant is presumed innocent, and cannot be convicted unless the impartial jurors are convinced of the defendant's guilt beyond a reasonable doubt. Contact the Phoenix, Arizona criminal lawyers with Montano Arentz & Associates, PLLC to discuss your individual case and your rights.

3. Right to Confront Witnesses

Defendants have a right to confront and cross-examine all witnesses testifying against them. This means the witnesses show up in court and testify. If witnesses fail to appear, the state might dismiss the case if requested by the defendant's criminal lawyers.

4. Right Against Self-Incrimination

The defendant has the right to remain silent and not incriminate him/herself. The defendant also has the right to testify on his/her own behalf. If the defendant chooses not to testify the court and jury cannot hold this against the defendant. In Phoenix, serving Tempe, their Arizona criminal lawyers will discuss with your whether or not its in your best interest to testify in your trial. Contact Montano Arentz & Associates, PLLC.

5. Right to Produce Evidence

The defendant has the right to present evidence and to have the court issue a subpoena to bring into court all witnesses and evidence favorable to the defendant, at no cost to the defendant.

6. Right to Hire an Experienced Criminal Defense Team

Their experienced Phoenix and Arizona criminal lawyers are only part of the team Montano Arentz & Associates, PLLC uses to help you.

Their Phoenix criminal lawyers and investigators work together to get you results. When investigating your case, their investigators utilize years of experience combined with state of the art databases and equipment to uncover critical information and evidence to defend their clients. Some of the techniques commonly used in criminal defense cases include:

Crime Scene Investigation

  • Photographs/Videos
  • Sketches, Diagrams and Measurements
  • Witness Interviews
  • Follow-Up and Development of Leads
  • Police Interviews
  • Fire/Rescue Ambulance Interviews
  • Victim Interviews
  • Secondary Forensic Evidence Testing
  • Witness/Suspect Location
  • Polygraph Examinations and Interpretations
  • Background Investigations of Involved Parties
  • Confidential Informants and Sources

Pre-File Investigations

  • Polygraph Examinations and Interpretations
  • Police Investigations
  • Psychological Experts
  • Photographs of Location and Victims
  • Locating Other Wrongly Accused Individuals
  • Computer/Internet Experts
  • Confidential Informants and Sources
  • Public Record Searches

Their investigators work with their criminal lawyers and use any and all means to legally obtain the evidence or statements needed to get the results you deserve!

7. Right to Fight Your Case Before It Goes to Court

At Montano Arentz & Associates, PLLC in Phoenix, their criminal lawyers know the importance of fighting a criminal complaint before charges are filed and before the case goes to court.

They offer a Pre-File Investigation, where you work closely with their criminal lawyers and investigators to provide the best possible defense before you are charged. The Pre-File Investigation begins after you are contacted by a law enforcement agency but before charges have been actually filed.

Goals of a Pre-File Investigation

  • Prevent filing of criminal charges.
  • Reduce criminal charges from felonies to misdemeanors.
  • Divert allegations into a informal resolution.
  • Ease your concerns about the case.
  • Keep you apprised of your legal rights.
  • If charged, assist with your surrender and avoid public arrest.

Ways to Prevent Criminal Charges from Being Filed

Their Phoenix and Tempe area criminal lawyers work hard to bolster your credibility with law enforcement and the prosecution. They do this by:

  • Private polygraph - if the results are favorable, then they will be shared.
  • Reference letters from community leaders, religious leaders, teachers, friends, etc.

They will also attack the credibility of the person bringing the criminal charges against you. Their Phoenix and Arizona criminal lawyers do this by:

  • Using other witnesses to question the reputation and truth of the victim.
  • Bringing to light any unsubstantiated allegations made by the victim.


Montano Arentz & Associates, PLLC and Phillips Law Group, P.C. are separate independent law firms from other firms listed on this website. Phillips Law Group, P.C. handles only contingency fee cases. This includes automobile and vehicle accidents and all personal injury cases but we also handle medical malpractice, product liability, employment, wage and hour cases, Social Security disability and worker's compensation cases. Montano Arentz & Associates, PLLC, handles only Criminal and DUI cases, as well as consumer Bankruptcy and Debt Relief cases, and Immigration Law cases.

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