Phoenix Criminal Defense Attorney

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Phoenix Criminal Defense Attorney Burges McCowan

Whether you’ve been accused or arrested; Whether you’re under investigation or facing criminal charges, you need an attorney who is capable of aggressively defending your rights, regardless of your circumstance.

Phoenix criminal defense attorney

Burges McCowan

Why work with Burges McCowan?

When you chose Burges McCowan as your Phoenix criminal defense attorney, you can be assured you will get the very best counsel. Burges has the experience, on both prosecution and defense, to make sure you will be treated fairly by the criminal justice system. Burges has a demonstrated passion for standing up for the rights of the accused, so you can be sure you are getting the most compassionate, knowledgeable defense possible.

Put experience on your side

Burges McCowan has the experience to make sure you are represented in the best possible way. His practice areas include DUI Cases, Sex Crimes, Fraud, and Violent Crimes.

Proudly servicing the greater Phoenix area, including Scottsdale, Tempe, Mesa, Glendale, Gilbert and Chandler, as well other areas across the beautiful State of Arizona.

Facing a criminal charge is devastating

Defense attorneys need to know the law, and know what things are like from both sides of the story. A lawyer’s credibility and reputation proceeds him or her, and is crucial when establishing ethos in the community and with the judge. A good criminal defense attorney must also be able to explain to his or her clients what sentences they are facing and be sure they are aware of all their options. A good attorney must also have lots of patience, for the legal system can be a long list of waiting...for a judge, for a verdict, for an acquittal. A good criminal defense lawyer must also be committed to his or her clients, and be willing to face prosecutors, judges, and juries in their stead.

You are innocent until proven guilty

A good criminal defense attorney becomes your navigator through the legal system. Using their skill and experience, your lawyer will walk you through each step of the legal process, explaining your options and the best way to present your case, whether it be through a trial or settlement. You need someone to make sure your rights are upheld at all times, someone who will fight aggressively and knowledgeably on your behalf.


Burges McCowan gave me my life back

- Mary K

My case was complicated. I was looking at 10 years prison time. With the father of my kids gone by suicide and my reckless ways in the past, my children would be left with their grandma. This was not possible nor anything my mother could take. I ended up with probation. No jail time! Now I can go on and raise my girls and protect them. Burges McCowan is a truly honest, knowledgeable, professional attorney. He is a very soft spoken, easy going man and knows his job!

So, you've been arrested or are under investigation, what should you do next?

Being arrested can be a frightening, frustrating and stressful experience. Most people do not know what to do next, how to protect their interests or what rights they have in confrontations with police. You need proven legal representatives on your side. Burges McCowan possesses the skills, tenacity, and experience to ensure that your rights and future are protected.

Criminal Proceedings in Arizona

You have the right to remain silent when you are arrested. Some people believe they can talk their way out of their situation, but understand that any statements you make could be twisted and used against you. Just ask to speak to an attorney. Burges will ensure that you are properly represented when speaking with police.

Ten things to consider when choosing a criminal defense attorney

Questions to ask a criminal defense attorney during consultation

Arrested in Phoenix? You are in a precarious position, and the steps you take now may directly impact any future criminal charges and even the outcome of your case. Contact Burges McCowan today to get guidance from a former Phoenix prosecutor.

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Burges McCowan Criminal Defense Practice Areas

I am committed to seeing your case through until the end. I will teach you, prepare you, and fight for you. I also believe in giving you the opportunity to prepare and educate yourself - read the blog articles for valuable information & visit our practice areas pages to understand how cases of your type might be handled.

Serious Drug Crimes

What are controlled substances?

Arizona divides controlled dangerous substances (CDS) that is involved in illegal sales into seven groups, based on the type of substance the defendant possessed for sale. Following are examples of the classes of drugs:

  • Peyote
  • Substances that produce toxic vapors
  • Marijuana / THC
  • Prescription Drugs
  • Dangerous Drugs
  • Narcotic Drugs
  • Chemicals used to produce other CDS

Fighting Phoenix Drug Charges Effectively

All unlawful sales or transfers of CDS crimes are felonies. There are six classes of felonies. CDS sale or distribution crimes constitute Classes 2 through 6. Class 2 felonies are the most serious.

Like every state, Arizona imposes harsher penalties on defendants with multiple prior felony convictions. To determine subsequent penalties, Arizona divides repeat offenders into 3 categories depending on the type of prior felony conviction. In order to determine which category you may belong to, you should schedule a free consultation attorney Burges McCowan to review your case.

What to do if you're Facing drug charges

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It is vital that you contact an attorney after being arrested. The sooner you contact an attorney, the sooner work can be done to build your defense. From scheduling hearings to requesting evidence, the most important thing is to have someone on your side that can help you navigate the legal system. With his experience as a former prosecutor, Burges McCowan will help build the defense you need. Contact our firm today if you need a skilled and aggressive Phoenix drug crime lawyer.

Driving Under the Influence (DUI)

Accused of DUI? Get the defense you need!

Have you been arrested for Driving Under the Influence (DUI) charges? According to Arizona Revised Statutes 28-1381, 28-1382 and 28-1383, there are several types of DUI charges. Depending on the circumstances surrounding your case, particularly the actions you took while impaired, you could charged with driving under the influence of alcohol or drugs while on a public roadway, and could be convicted of DUI.

Penalties may include:

  • Fines from $1,250 to $3,250 (or more if extreme or aggravated)
  • Imprisonment up to two for your first conviction. More if you already have two or more DUI convictions.
  • Driver license revocation
  • Alcohol and drug screening
  • Community service

In Arizona, if convicted of any DUI offense, you will also be required to connect a device to your vehicle's ignition system that will require you to pass a blood alcohol test before you can start your vehicle and drive.

The legal limit for drinking and driving in every U.S. state is 0.08% (less if driving a commercial vehicle).

There are three major types of chemical tests that a police office might use: blood, breath and urine. In Arizona, you may request an attorney prior to taking part in a one of these tests.

Arizona DUI Laws: Extreme / Super Extreme / Aggravated DUI

Extreme and Super Extreme DUI are enhanced DUI charges that are brought when the driver's blood alcohol concentation (BAC) are above specific statutory limits. If the BAC is above 0.15, then there is a statutory increases to the mandatory jail time (Extreme DUI). If the BAC is above 0.20, then the charge (Super Extreme DUI) carries even more jail time.

Also classified as a a felony, Aggravated DUI can be charged when a person is driving a vehicle while "impaired to the slightest degree" (ARS 28-1381A1), or with a blood alcohol level above the legal limit, while:

  • Having a suspended, cancelled, revoked, refused, or restricted license; or
  • Having two DUI convictions within the previous seven years; or
  • While a person under 15 years old is in the vehicle
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Know Your Rights: DUI Traffic Stops in Phoenix

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Arizona has some of the toughest laws in the nation for DUI offenses, so make sure you know what to do in the case you are accused of driving under the influence. There are three important steps to fighting a DUI charge in Arizona:

  • Exercise your right to remain silent. Be polite and ready to provide your license, registration and proof of insurance, but do not say anything that can be used against you.
  • Refuse to take the roadside tests. Be courteous and exit the vehicle, but politely decline to perform any balance tests or blow in the portable breath test device.
  • Ask to call an attorney if you’re arrested. If you are arrested, ask to speak to an attorney before you consent to a breath test or blood draw.

Violent Crimes

What constitutes a violent crime?

Violent crimes in Arizona can be classified under several statutes. Convictions for violent crime offenses in Arizona can result in serious penalties, including lengthy mandatory prison or jail terms, a criminal record and/or steep fines. Aggravating factors such as criminal history, nature of the offense, and vulnerability of the victim can increase the maximum penalty. In addition to time in prison, defendants can also be sentenced to long periods of probation or supervised release with strict and onerous conditions, fines, and exorbitant restitution amounts. Not only do defendants convicted of violent crimes face extreme restrictions on their liberty, but they also face several other dire consequences.

Some of the statutes include:

  • Assault (ARS 13-1203) Aggravated Assault (ARS 13-1204)
  • Resisting Arrest (ARS 13-2508)
  • Robbery (ARS 13-1902)
  • Domestic Violence (ARS 13-3601)

In 2014 alone, a violent crime was committed every 22 minutes in Arizona, though many of these complaints did not result in arrests.

Burges McCowan understands the high stakes of criminal cases and will fight tirelessly to defend you of any and all violent crimes charges.

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How would a fraud case be handled?

Fraud covers a broad array of criminal defenses. If you are like many people charged with fraud, you may not have a criminal record. With Burges on your side, it may be possible to keep it that way. In addition to the possibility of getting a criminal record, it is important to understand what else is at stake in fraud cases. The stakes tend to vary based on the amount of money allegedly stolen through fraudulent means. With the exception of high-dollar cases, prison is rarely a possibility. Still, the repercussions are likely heavy enough to jeopardize your career and your future.

Count on Burges to keep you informed as your case moves forward. He'll be honest with you about possible outcomes and guide you through the available options. Restitution can sometimes lead to fraud charges being negotiated away. If necessary, the matter will be taken to trial and handled more aggressively.

Fraud cases known to be very complex. The sooner you reach out to a defense lawyer, the sooner you can begin making sense of the situation. Whether you are under investigation or have already been charged, Burges McCowan is ready to help.

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