Criminal

Arizona has enacted House Bill 2749, a new law that gives some people with first-time felony convictions a path to have their convictions treated as class 1 misdemeanors. The bill was signed by Governor Katie Hobbs on June 4, 2026, after passing through the Arizona Legislature.  

HB 2749 does not apply to every felony conviction. It creates a narrow second-chance option for certain people convicted of lower-level, non-dangerous felonies who complete their sentence, meet court requirements, and avoid later disqualifying convictions.

What Does HB 2749 Do?

HB 2749 adds a new section to Arizona law, A.R.S. § 13-604.01. Under the
Continue Reading HB 2749 Becomes Law, Gives a Second Chance to First-Time Felons

If you have been arrested for driving under the influence (DUI) of alcohol or drugs in Arizona, then, depending on the nature of your conviction, your Arizona driver’s license may be subject to an administrative suspension in addition to any criminal sentencing.

Fortunately, Arizona law provides a path to a restricted license after a DUI — either through a restricted driving permit or through a special ignition interlock restricted driver’s license (SIIRDL). 

In this article, we explain how each option works, the mandatory hard suspension period you must serve in some instances, what steps you must complete, and
Continue Reading How to Get a Restricted License After DUI

Unlike some other states, neither Arizona law nor the Arizona Department of Transportation’s Motor Vehicles Division (MVD) does not use the terms “conditional license” or “conditional driving license” to describe a driver’s license with restricted driving privileges.

Instead, when we consider the question of a conditional license vs a restricted license, Arizona refers to two kinds of restricted licenses: a restricted driving permit and a special ignition interlock device restricted driver’s license (SIIRDL).

Both of these restricted licenses are forms of conditional licenses, in the sense that they place conditions on your ability to drive a motor vehicle when your
Continue Reading What is a Conditional License?

A hardship license is a limited driver’s license that lets you keep driving for essential activities — getting to and from work, school, or medical appointments — when your regular license has been suspended or revoked. In other states, you may also see this referred to as a hardship driving permit.

Arizona does not use the term “hardship license.” Instead, the Arizona Motor Vehicle Division (MVD) issues restricted driver permits that serve the same purpose. If you have searched for a hardship license in Arizona, what you are really looking for is a restricted driver permit.

In this article, we
Continue Reading What is a Hardship License?

The main difference between expunged and sealed records in Arizona is what each one does to the underlying record. Record sealing conceals a record from public view but does not vacate the conviction. Expungement—which is only available for specific marijuana offenses under ARS 36-2862—vacates the conviction and treats the offense as if it never happened.

Sealing and expungement are distinct legal remedies that are often confused with each other. Below, we explain what each does, who qualifies, how to file the petition, and how each affects what appears on a background check.

Why Use Rosenstein Law Group to Seal or
Continue Reading What is the Difference Between Expunged and Sealed Records?

In Arizona, using or possessing a fake ID is most often charged as a Class 1 misdemeanor under A.R.S. § 4-241, carrying a maximum penalty of 6 months in jail, a $2,500 fine plus surcharges, and a possible driver’s license suspension. 

When a fraudulent driver’s license is involved, prosecutors can add a Class 2 misdemeanor under A.R.S. § 28-3478. Conduct that goes beyond underage drinking, like manufacturing, altering, or using a fake ID to defraud, can be prosecuted as a felony under A.R.S. § 13-2002 (forgery) or § 13-2006 (criminal impersonation).

Depending on the circumstances, using, manufacturing, selling, distributing, or
Continue Reading Arizona Fake ID Lawyer

Key Takeaways

  • A felony sentencing hearing determines the penalty a judge imposes after a conviction or plea agreement.
  • Courts review a pre-sentence investigation report, attorney’s arguments, and victim’s statements before sentencing.
  • Judges weigh both aggravating and mitigating circumstances when selecting a sentence.
  • Sentencing options may include prison, probation, restitution, or fines, depending on the case.
  • Preparation before the hearing date directly affects the outcome a defendant receives.

The period between a conviction and a sentencing date leaves many defendants and their families searching for answers. At The Law Offices of John Phebus, our criminal defense attorneys work with clients throughout
Continue Reading What Happens at a Felony Sentencing Hearing?

If you are facing criminal charges in Phoenix, Arizona, you may hear the court schedule a “status conference” in your case. A status conference is a routine court hearing where the judge, prosecutor, and defense attorney discuss the progress of the case. While these hearings are often brief, they can still play an important role in criminal court.
Understanding what happens during a status conference can help reduce uncertainty and better prepare you for what comes next.
What Is a Status Conference in a Criminal Case?
A status conference is a court hearing used to review the
Continue Reading What Does “Status Conference” Mean?

Key Takeaways

  • Proposition 207 legalized recreational marijuana in Arizona for adults 21 and older.
  • Adults may legally possess up to 1 ounce of marijuana or 5 grams of concentrate.
  • Home cultivation allows up to 6 plants per adult, capped at 12 plants per residence, in a secured, enclosed space.
  • Driving under the influence of marijuana remains a criminal offense regardless of legal use.
  • Exceeding possession, cultivation, or transfer limits may result in misdemeanor or felony charges

Glendale residents navigating Arizona marijuana law often come back to the same starting point: is it legal to grow your own weed in Arizona?
Continue Reading Can I Legally Grow Marijuana in Arizona?

One of the most common questions we get from people facing DUI charges in Arizona is whether they should hire a private attorney or use a public defender.
And honestly, it’s a fair question.
DUI cases are expensive. There’s no way around that. Between court fines, alcohol screenings, treatment classes, ignition interlock devices, increased insurance rates, and all of the other costs that come along with a DUI conviction, we’ve done an analysis and we believe the total financial impact of a DUI is probably somewhere between $12,000 and $16,000 over the next three years.
So when people call our
Continue Reading Should I Hire a Public Defender or a Private Attorney for a DUI Charge in Arizona?

An arrest warrant is a legal document that authorizes law enforcement to detain the person named in it. Typically, a judge issues a warrant after reviewing evidence to determine that there is probable cause to believe the named individual has committed or is likely connected to a specific crime. Once this court order is signed, police officers have the authority to arrest you.  
What Happens If You Ignore an Outstanding Warrant?
Having an unaddressed warrant can seriously complicate many aspects of your life, both personally and legally.

  • Arrest During Traffic Stops: Any routine stop, like being pulled over for


Continue Reading How to Deal with an Outstanding Warrant for Your Arrest

Key Takeaways

  • A second DUI within seven years triggers enhanced mandatory penalties under Arizona law.
  • Arizona classifies second-offense DUI into three tiers: regular, extreme, and super extreme.
  • Second-offense penalties include jail time, fines exceeding $3,500, a one-year license revocation, and mandatory ignition interlock installation.
  • A prior DUI conviction set aside may still count toward sentencing enhancement on a future charge.
  • Defense strategies and plea negotiations remain available for second-offense DUI charges.

A second DUI charge in Glendale marks a turning point in how Arizona law treats a driver. The penalties for second DUI in Arizona carry mandatory minimums no judge
Continue Reading What Happens After a Second Offense DUI in Arizona?

Domestic violence charges are serious criminal allegations that can carry lasting consequences, including jail time, fines, protective orders, and damage to a person’s reputation. However, not every case results in a conviction. In some situations, prosecutors may decide to dismiss or reduce domestic violence charges for legal or practical reasons.
Understanding why domestic violence charges get dropped can help defendants better understand the criminal justice process and the importance of having an experienced criminal defense attorney involved early in the case.
Lack of Sufficient Evidence
One of the most common reasons domestic violence charges are dropped is that the prosecution
Continue Reading What Are Common Reasons Why Domestic Violence Charges Get Dropped?

Key Takeaways

  • Arizona law defines shoplifting broadly, covering concealment, price tag manipulation, and container transfers.
  • Charges range from Class 1 misdemeanor to felony level, depending on merchandise value and case circumstances.
  • A misdemeanor conviction carries up to six months in jail and a permanent criminal record.
  • Intent is a required element, and prosecutors must prove it to secure a conviction.
  • Early legal involvement preserves more defense options.

Shoplifting accusations carry real consequences throughout Arizona. A single charge can affect employment prospects, housing applications, and a person’s standing in the community. At The Law Offices of John Phebus, we represent individuals
Continue Reading What Is Shoplifting in Arizona?

Arizona law makes it illegal for any person under the legal drinking age of 21 to consume alcohol in any quantity. The relevant statute is Arizona Revised Statutes (ARS) Section 4-244(41). A criminal conviction under this minor in consumption (MIC) law is a Class 2 misdemeanor under ARS 4-246(A), which can lead to up to 4 months in jail, up to 2 years of probation, and a fine and surcharges.

AZ Defenders represents Arizona residents charged with alcohol-related offenses, including underage drinking charges. In this blog post, we discuss Arizona’s minor-in-consumption law. 

If you or your child
Continue Reading Minor in Consumption in Arizona

A dismissal without prejudice means a criminal case is closed for now, but the prosecutor can refile the same charges later. While it may feel like a positive outcome, it is not a final resolution of the case.
By contrast, a dismissal with prejudice permanently ends the case. Once dismissed with prejudice, the State cannot bring the same charges again.
Understanding this distinction is important because the term “dismissed” does not always mean the case is over for good.
Why Would a Criminal Case Be Dismissed Without Prejudice?
A case is often dismissed without prejudice when the prosecution is unable
Continue Reading What Does a Dismissal Without Prejudice Mean?