Phoenix Lawyer
Phoenix Lawyer
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Arizona Constitution Excerpts
ASection 1. A frequent recurrence to fundamental principles is essential to the security of individual rights and the perpetuity of free government.2.1. Victims' bill of rights
Section 2.1. (A) To preserve and protect victims' rights to justice and due process, a victim of crime has a right:
1. To be treated with fairness, respect, and dignity, and to be free from intimidation, harassment, or abuse, throughout the criminal justice process.
2. To be informed, upon request, when the accused or convicted person is released from custody or has escaped.
3. To be present at and, upon request, to be informed of all criminal proceedings where the defendant has the right to be present.
4. To be heard at any proceeding involving a post-arrest release decision, a negotiated plea, and sentencing.
5. To refuse an interview, deposition, or other discovery request by the defendant, the defendant's attorney, or other person acting on behalf of the defendant.
6. To confer with the prosecution, after the crime against the victim has been charged, before trial or before any disposition of the case and to be informed of the disposition.
7. To read pre-sentence reports relating to the crime against the victim when they are available to the defendant.
8. To receive prompt restitution from the person or persons convicted of the criminal conduct that caused the victim's loss or injury.
9. To be heard at any proceeding when any post-conviction release from confinement is being considered.
10. To a speedy trial or disposition and prompt and final conclusion of the case after the conviction and sentence.
11. To have all rules governing criminal procedure and the admissibility of evidence in all criminal proceedings protect victims' rights and to have these rules be subject to amendment or repeal by the legislature to ensure the protection of these rights.
12. To be informed of victims' constitutional rights.
(B) A victim's exercise of any right granted by this section shall not be grounds for dismissing any criminal proceeding or setting aside any conviction or sentence.
(C) "Victim" means a person against whom the criminal offense has been committed or, if the person is killed or incapacitated, the person's spouse, parent, child or other lawful representative, except if the person is in custody for an offense or is the accused.
(D) The legislature, or the people by initiative or referendum, have the authority to enact substantive and procedural laws to define, implement, preserve and protect the rights guaranteed to victims by this section, including the authority to extend any of these rights to juvenile proceedings.
(E) The enumeration in the constitution of certain rights for victims shall not be construed to deny or disparage others granted by the legislature or retained by victims.
Section 3. The Constitution of the United States is the supreme law of the land.
Section 4. No person shall be deprived of life, liberty, or property without due process of law.
Section 5. The right of petition, and of the people peaceably to assemble for the common good, shall never be abridged.
Section 6. Every person may freely speak, write, and publish on all subjects, being responsible for the abuse of that right.
Section 8. No person shall be disturbed in his private affairs, or his home invaded, without authority of law.
Section 9. No law granting irrevocably any privilege, franchise, or immunity shall be enacted.
Section 10. No person shall be compelled in any criminal case to give evidence against himself, or be twice put in jeopardy for the same offense.
Section 11. Justice in all cases shall be administered openly, and without unnecessary delay.
Section 12. The liberty of conscience secured by the provisions of this constitution shall not be so construed as to excuse acts of licentiousness, or justify practices inconsistent with the peace and safety of the state. No public money or property shall be appropriated for or applied to any religious worship, exercise, or instruction, or to the support of any religious establishment. No religious qualification shall be required for any public office or employment, nor shall any person be incompetent as a witness or juror in consequence of his opinion on matters of religion, nor be questioned touching his religious belief in any court of justice to affect the weight of his testimony.
Section 13. No law shall be enacted granting to any citizen, class of citizens, or corporation other than municipal, privileges or immunities which, upon the same terms, shall not equally belong to all citizens or corporations.
Section 14. The privilege of the writ of habeas corpus shall not be suspended by the authorities of the state.
Section 15. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted.
Section 16. No conviction shall work corruption of blood, or forfeiture of estate.
Section 18. There shall be no imprisonment for debt, except in cases of fraud.
Section 19. Any person having knowledge or possession of facts that tend to establish the guilt of any other person or corporation charged with bribery or illegal rebating, shall not be excused from giving testimony or producing evidence, when legally called upon to do so, on the ground that it may tend to incriminate him under the laws of the state; but no person shall be prosecuted or subject to any penalty or forfeiture for, or on account of, any transaction, matter, or thing concerning which he may so testify or produce evidence.
Section 22. A. All persons charged with crime shall be bailable by sufficient sureties, except for:
1. Capital offenses, sexual assault, sexual conduct with a minor under fifteen years of age or molestation of a child under fifteen years of age when the proof is evident or the presumption great.
2. Felony offenses committed when the person charged is already admitted to bail on a separate felony charge and where the proof is evident or the presumption great as to the present charge.
3. Felony offenses if the person charged poses a substantial danger to any other person or the community, if no conditions of release which may be imposed will reasonably assure the safety of the other person or the community and if the proof is evident or the presumption great as to the present charge.
B. The purposes of bail and any conditions of release that are set by a judicial officer include:
1. Assuring the appearance of the accused.
2. Protecting against the intimidation of witnesses.
3. Protecting the safety of the victim, any other person or the community.
Section 23. The right of trial by jury shall remain inviolate. Juries in criminal cases in which a sentence of death or imprisonment for thirty years or more is authorized by law shall consist of twelve persons. In all criminal cases the unanimous consent of the jurors shall be necessary to render a verdict. In all other cases, the number of jurors, not less than six, and the number required to render a verdict, shall be specified by law.
Section 24. In criminal prosecutions, the accused shall have the right to appear and defend in person, and by counsel, to demand the nature and cause of the accusation against him, to have a copy thereof, to testify in his own behalf, to meet the witnesses against him face to face, to have compulsory process to compel the attendance of witnesses in his own behalf, to have a speedy public trial by an impartial jury of the county in which the offense is alleged to have been committed, and the right to appeal in all cases; and in no instance shall any accused person before final judgment be compelled to advance money or fees to secure the rights herein guaranteed.
Source: Arizona Legislature
Choosing a Lawyer
Do I really need to hire a lawyer in Phoenix? This is the first question you need to ask yourself. In many cases you may be able to handle the situation without hiring a lawyer. If it is a small problem that can be managed without the consultation of a professional you may be able to save a considerable amount of money. If it is a serious situatuion than it is important that you speak with a good lawyer as soon as possible to avoid any long term problems..
Where can I find the best Phoenix lawyers? There are many ways to find a great lawyer online that is local to your area. You can search in directories online where a great deal of information is available about each law firm and partner. You can also check with local associations for referrals and recommendations. While every issue is important there is one final question you should ask yourself before hiring a lawyer in Phoenix. Are you comfortable with that lawyer and are you confident in their abilities? If the answer is anything other than a resounding "yes " you should keep looking for the lawyer that is right for you.
Lawyers typically specialize in the following fields:
- Administrative Law
- Agriculture Law
- Antitrust & Trade Regulation
- Banking Law
- Bankruptcy Law
- Civil Rights
- Commercial Law
- Communications Law
- Constitutional Law
- Construction Law
- Contracts
- Corporation & Enterprise Law
- Criminal Law
- Dispute Resolution & Arbitration
- Divorce Law
- Education Law
- Entertainment & Sports Law
- Environmental Law
- Family Law
- Gaming Law
- Health Law
- Immigration Law
- Injury and Tort Law
- Insurance Law
- Intellectual Property
- International Law
- Labor & Employment Law
- Litigation
- Military Law
- Personal Injury Law
- Probate, Trusts & Estates
- Property Law & Real Estate
- Securities Law
- Tax Law
- Transportation Law
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