John Escobar

About John Escobar

Experienced criminal law attorney primarily focused on litigation, defendants’ rights, and Indian law.

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Education

• Law School: Arizona State

Common questions about Criminal Defense in Arizona

Answered by Arizona Attorney Search Network

Do I have to talk to police if I'm arrested in Arizona?

No. The Fifth Amendment to the U.S. Constitution and Article 2 § 10 of the Arizona Constitution protect your right to remain silent. Once you have invoked the right (clearly state 'I am invoking my right to remain silent and want a lawyer'), questioning must stop until counsel is present. You must still provide identifying information when lawfully arrested, but you are not required to discuss the alleged offense.

What rights do I lose with a felony conviction in Arizona?

A felony conviction results in loss of voting rights (until completion of the sentence; restored automatically for first-time felons under ARS § 13-907), the right to possess firearms (ARS § 13-3101), the right to serve on a jury, and certain professional licenses. Some rights are restored automatically; others require a petition to the court under ARS § 13-908.

Can I represent myself in criminal court in Arizona?

Yes, under both the U.S. and Arizona constitutions you have the right to represent yourself (Faretta v. California, 1975), but the court must ensure your waiver of counsel is knowing, intelligent, and voluntary. For anything beyond minor traffic infractions, self-representation is strongly discouraged. If you cannot afford an attorney, ARS § 13-4013 entitles you to court-appointed counsel for any case carrying potential incarceration.

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