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Nicholas Bischoff

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About Nicholas Bischoff

Nicholas Bischoff is a criminal-defense attorney in solo practice representing clients in Arizona, Arizona. Criminal defense practice in Arizona involves charges under Title 13 of the Arizona Revised Statutes, ranging from misdemeanors (Classes 1-3) to felonies (Classes 1-6), with each class carrying different sentencing exposure and collateral consequences. Contact information appears below.

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Education

  • Law School: Widener

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.

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.

Can a criminal record be sealed in Arizona?

Yes, under ARS § 13-911 (effective January 2023), many Arizona criminal records can be sealed after a waiting period and full completion of the sentence. Class 1 misdemeanors and Class 4 felonies require a 5-year wait; Class 2 or 3 felonies require 10 years; certain violent and sexual offenses are not eligible. Sealed records are treated as if they never existed for most purposes, though law enforcement retains access.

Q&As answered by Nicholas Bischoff

Practice Areas

Criminal Law

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