CRIMINAL LAW
Choosing our firm to defend you will result in our bringing to bear a wealth of experience, dedication, and a deep understanding of the legal system to your case. With a proven history of successfully defending clients against a wide range of criminal charges, we offer personalized attention, ensuring that your unique situation is fully undestood by the State and that you are effectively represented. Our team is committed to protecting your rights, crafting strategic defense, and fighting tirelessly to achieve the best possible outcome. When facing criminal charges, having us by your side means having powerful advocates who will stand with you every step of the way, up to and including trial, or even an appeal, if needed.
Tim Forshey has nearly 40 years of experience in criminal law. Our firm handles everything from misdemeanors - like traffic offences and DUI cases - to serious felonies that put your freedom at risk.
We know this may be one of the most difficult things you and your family have ever faced, and we treat it with the seriousness it deserves. We work closely with counselors and medical professionals to help you face the process with strength and confidence, not fear.
We combine strong legal knowledge with careful, evidence-based strategy to protect your rights and build the strongest possible defense. We stay by your side and advocate for you at every step.
Particularly, in self-defense cases, we work hard to prevent charges from being filed in the first place.
Frequently Asked Questions
What Is the distinction between types of crimes, felony, misdemeanor, infractions?
Felonies are serious crimes - (for instance murder or burglary) - punishable by anywhere from 1 year to life in prison. Arizona felonies range from Class 6 (least serious) to Class 1 (most serious).
Misdemeanors are less serious crimes, such as disorderly conduct or DUI (which can also be a felony), punishable by up to six months in jail, probation, and fines up to $2,500. Arizona misdemeanors range from Class 3 (least serious) to Class 1 (most serious).
A civil violation — known as an infraction in some states — is a non-criminal offense, such as a traffic ticket, punishable by a fine but no jail time. You're found "responsible" or "not responsible" rather than "guilty” or “not guilty.” The main consequence is usually higher auto insurance rates.
What should I do if I am arrested or charged with a crime?
If you are arrested or charged with a crime, it's important to stay calm and exercise your rights. Perhaps most importantly at this point, your fifth amendment right to remain silent; do not discuss your case with anyone except your attorney. Politely request to speak to a lawyer and do not answer any other questions, as anything you say can be used against you. Do NOT resist arrest, as this can lead to additional charges, and you will only succeed in becoming very tired and bloody prior to being handcuffed anyway. Ensure you contact a criminal defense attorney as soon as possible to help you navigate the legal process and protect your rights. Finally, be sure to follow any/all instructions from your attorney and the court closely.
Can a defense attorney help with clearing my criminal record?
In Arizona, in most instances, yes, a criminal defense attorney can help you navigate the process of clearing your criminal record in Arizona, including having your conviction(s) set aside, sealing your record, and having your civil rights (such as the right to vote, keep and bear arms, etc.) restored. An experienced attorney can help you understand the laws and procedures, determine your eligibility, and prepare the required paperwork. As with most legal matters, it usually proves to be more difficult for people convicted of crimes to succeed here when representing themselves.
Will the Government really give you a Lawyer?
The government’s duty to provide a lawyer for a criminal defendant is established by the Sixth Amendment of the U.S. Constitution, which guarantees the right to counsel. This means that if a person cannot afford a lawyer, the government must appoint one for them. This is known as a court-appointed lawyer or public defender. It bears saying, however, that not just anyone who claims they “cannot afford an attorney” receives a court-appointed public defender. The Judge assigned to your case must investigate your circumstances and make a finding that you are unable to afford an attorney—a legal concept usually referred to as “indigency.” Simply put, if you are reading this on your own computer, do not count on receiving a court-appointed lawyer!
What qualifications and experience do your defense attorneys have?
A competent Criminal Defense attorney must be a member in good standing of the state bar and be intimately familiar with and have experience practicing in the area of criminal law. Though not required, some states, including Arizona, allow attorneys to pursue a certification of “specialization” in criminal (and several other types of) law. In order for an attorney to seek “specialization” status, they must avow to the State Bar that at least 51% of their practice consists of that type of case. For general practitioners who actively practice in multiple disciplines, such as our law firm, such specialization status is, of course, thereby mathematically impossible.
How much does hiring a defense attorney cost?
Often the most pressing and relevant question a potential client can have, this is also, unfortunately, often the most difficult question to answer without an intimate knowledge of the particular case/charges being faced. The cost of a criminal defense lawyer can vary widely depending on several factors, including the type of charges, whether the client is incarcerated, the lawyer's experience, and the location of the court. For this reason, we highly recommend some type of Pre-Paid Attorneys Fee Program such as Guardian Legal Protection Services.
What should I expect during the legal
process?
Criminal cases typically move through several key stages. First, law enforcement investigates and determines whether to make an arrest. Once arrested Arizona law requires an arraignment within 24 hours, where charges are formally presented, a plea is entered, and the court sets release terms, including bond.
If the case moves forward, both sides may bring in experts — polygraphers, investigators, forensic scientists — and exchange evidence through discovery. This is often when plea negotiations offer the most realistic opportunity for a favorable outcome. If that fails,next comes trial, where the prosecution and defense present their case to a judge or jury to determine the outcome.
If convicted, sentencing follows, guided by Arizona's mandatory sentencing ranges based on the crime's severity and the defendant's criminal history. From there, an appeal may also be possible.
Do I need to hire a criminal attorney?
It depends. If there is even a potential (even if small) chance of a conviction for a crime, such as any felony, or a domestic violence misdemeanor (which causes a loss of certain civil rights), it may likely prove to be the costliest mistake you ever make to not spend the money to hire a competent attorney to assist you. The old saying “penny wise and pound foolish” comes to mind. If you later decide “in hindsight, I wish I had hired an attorney,” it will be too late. It is especially wise to err on the side of caution when your freedom is in jeopardy. A criminal defense lawyer can represent your best interests in court and help negotiate the best outcome possible.
