Top Criminal Defense
Law Firm

Tucson Criminal Defense Attorney

Law Office Of Hernandez & Hamilton, PC

Sometimes when life pulls the rug out from under you, you can land in handcuffs and a courtroom. If you are facing criminal charges, chances are you are scared, confused, and do not know where to turn. At the Law Office of Hernandez & Hamilton, PC, we have dedicated our lives to standing up for people just like you. We represent clients all across the State of Arizona, as well as across the country. We have represented clients in local, state, or federal courts in 20 of the 50 states.

Whether you are facing drug charges, DUI, or something as serious as homicide, we can help. Our seasoned team has fought — and won — in every area of Arizona’s criminal justice system, including drug crimes, marijuana-related offenses, DUI crimes, domestic violence, homicide, gun charges, federal crimes, theft crimes, drug trafficking, and assault crimes.

We have deep domain expertise in the area of criminal law, and we are ready to guide you through it every step of the way. Do not let fear dictate your future. Reach out to us for a free consultation, and let us turn the tables on your situation. Your fight is our fight, and we will not rest until we have utilized every avenue to defend your freedom.

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Our Recent Cases

Drug Trafficking Conspiracy

All Charges Dismissed in U.S. District Court

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Sexual Assault Accusations

All Charges Dismissed in Pima County, AZ

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Illegal Search and Seizure

Arizona Supreme Court Victory

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First Degree Murder

Sentence of 7 Years Imposed



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Law Office Of Hernandez & Hamilton, PC

Choose Your Defense Attorney Carefully

If you, a loved one, or your business is threatened by a criminal charge or investigation, you need a criminal defense lawyer who is fully prepared to fight for your interests and defend your constitutional rights.

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States Where We Have Represented Clients In Federal Cases

Experienced in Trials and Courtrooms for 30+ Years

For More than 30 years, we have provided quality guidance to clients facing dire consequences in criminal cases and have been outspoken in the movement to defend your constitutional rights. If you are being investigated for or have been charged with committing a crime, you cannot trust your defense to just anyone. We have the sophisticated knowledge and experience to protect your rights at every stage of your criminal case.

How to Choose a Tucson Criminal Defense Attorney That Is Right For Me

When choosing the right defense attorney to handle your criminal case, you should think about it the same way you would any other big decision in your life. You need to make an educated, informed decision about the lawyer who will represent you and your best interests. These three tips will help you choose the best attorney for you:

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1. Consult more than one criminal defense lawyer.

You should interview them as though you were interviewing someone for a job. After all, you’re hiring this person for a very real job — to represent and protect your legal interests. You will want to know about the lawyer's experience and knowledge of county court practices, a particular legal matter, and their working relationship with the staff, prosecutors, and judges who will be involved in the case.

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2. Speak with the actual lawyer.

You should never settle for a consultation with a paralegal, an associate, a firm manager, or any other staff member. The lawyer you hire should willingly meet with you in person to discuss your legal matter and should be the only person handling your case.

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3. Be careful of pushy tactics.

If you feel more like you’re buying a car than hiring a lawyer, you should move on. No lawyer should ever guarantee a specific result. An attorney can only offer a realistic, probable outcome based on their experience.

The Impacts Of Having a Criminal Record

A criminal record can be detrimental to your future. Having a record can prevent you from being able to:

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most countries perform criminal record checks before allowing travel. A passport is likely to be revoked, depending on the criminal offense.

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employers conduct thorough background checks of all applicants to ensure the integrity and security of their company.

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Custody of children:

depending on the circumstances of your crime, you could be prevented from raising your child or adopting in the future.

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Loan and insurance limitations:

after a bank performs a background check for approval of loans and mortgages, you could be considered a high-risk borrower. Insurance companies may charge higher rates for individuals with criminal records.

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Driving rights:

if the criminal charges are severe, you may lose your driver’s license.

Why Is It Important to Hire a Criminal Defense Attorney In Tucson?

Sadly, Arizona holds the fifth-highest incarceration rate across the country. The prosecutors in the state are constantly seeking a longer sentence for those charged with criminal offenses, often seeking mandatory minimum prison sentences. Arizona prosecutor’s offices have created special divisions, such as property crime units and domestic violence units, that focus their personnel and resources solely on the objective of getting a conviction. These special units are funded heavily by the U.S. government and staffed with legal support staff and highly trained prosecutors. With the ever-increasing climate of prosecutorial power, the best defense against the state’s resources is to have an experienced and knowledgeable Tucson criminal defense lawyer by your side.

Criminal Law Practice Areas

Our attorneys represent clients in a number of practice areas. Here are some of the types of cases we handle:

Drug Crimes

Accusations of drug trafficking can lead to long prison sentences and hefty fines. Our legal team is well-versed in the nuances of drug trafficking laws in Arizona. We will critically review the evidence, challenge search and seizure procedures, and defend your freedom. Where necessary, we can explore plea agreement bargaining options to minimize the impact on your future.

Driving Under the Influence (DUI)

When you are charged with a DUI, we understand the serious repercussions it can have on your life. Our Tucson attorneys will examine all aspects of your DUI cases, including the traffic stop, field sobriety tests, and breathalyzer results, to identify any weaknesses in the prosecution's claims. We aim to minimize the impact on your driving privileges and strive for the best possible outcome.

Domestic Violence

Allegations of domestic violence can result in both criminal charges and restraining orders. Our legal team is dedicated to protecting your rights and reputation. We investigate the circumstances surrounding the accusations, interview witnesses, and work to build a strong defense that may involve self-defense claims, mistaken identity, or false accusations.


Homicide charges are among the most serious in criminal law. Our Tucson criminal defense attorneys approach these cases with the utmost diligence and care. We conduct thorough investigations, consult with experts, and expose weaknesses in the prosecution's evidence to ensure your rights are upheld and you receive a fair trial.

Gun Charges

Whether you are facing firearm-related charges such as illegal possession, brandishing, or using a firearm during a crime, our lawyers are well-versed in federal and state gun laws. We work diligently to protect your Second Amendment rights and explore possible defenses, such as arguing for the suppression of evidence obtained unlawfully.

Federal Crimes

Federal charges often involve complex legal issues and severe penalties. Our experienced federal defense attorneys are skilled at navigating the federal court system. We provide aggressive representation, challenge the government's case, and negotiate with federal prosecutors to achieve the best possible outcome for our clients.

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Theft Crimes

Whether you are charged with shoplifting, burglary, or embezzlement, our defense strategy involves a comprehensive analysis of the evidence, witness statements, and potential legal defenses. We work to mitigate the consequences of theft charges, put up strong arguments in your defense, and fight to get the charges dismissed or reduced.

Drug Trafficking

Accusations of drug trafficking can lead to long prison sentences and hefty fines. Our legal team is well-versed in the nuances of drug trafficking laws in Arizona. We will critically review the evidence, challenge search and seizure procedures, and defend your freedom. Where necessary, we can explore plea bargaining options to minimize the impact on your future.

Assault Crimes

Assault charges in Arizona encompass a range of offenses, from simple assault to aggravated assault. Our Tucson attorneys will build powerful defense strategies and pursue them aggressively to protect your rights. We will interview witnesses, review surveillance footage, and explore potential self-defense claims to achieve the best possible outcome.

The Law Office Of Hernandez & Hamilton, PC in Tucson, AZ, has numerous reputable attorneys that can handle all of your criminal defense needs. If you hire our office for your legal representation, we will construct an effective, aggressive defense based on the type of offense you’re accused of and the strength of the case against you.

We have a stellar reputation in the Tucson, Arizona legal community because we always pursue the best outcome for our clients. We take our jobs, and our representation of our clients, extremely seriously and we fight as hard as possible to get the absolute best results possible. We pride ourselves on the caliber of our representation of our clients. Whether you’re a new client or you’ve used our services in the past, our lawyers are ready to fight for your rights. Call today.

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Tucson Criminal Defense Attorney FAQ

If you are facing felony or misdemeanor charges, the legal system can feel confusing and stressful to try to navigate. Working with a defense attorney is the best method to alleviate the stress associated with your situation. Below are some frequently asked questions to assist you in better understanding the issues involving the charges brought against you:

Yes. Although you may wish to plead guilty to the charges brought against you, the assistance of our lawyers could mean the difference between spending a year in jail and only having to complete several weeks of community service. There is a wide range of punishments and penalties for crimes, and our knowledgeable attorneys have the experience to ensure that your punishment is minimized.

A criminal defense attorney can help you navigate the complicated criminal justice system by helping you understand the legal process. They can prepare a solid legal defense by gathering and assessing evidence and representing you in court to seek the most favorable outcome for your case. If you are charged with a crime, they can negotiate lower jail time and protect your legal rights.

No, you are not necessarily required to testify in court, although it is your right to do so if you want. Speaking with a lawyer will help you decide whether or not testifying is the appropriate action to help your defense.

Criminal defense attorneys serve clients who have been charged with crimes ranging from minor to major offenses. These crimes include murder, manslaughter, arson, disorderly conduct, assault, DUI/DWI, fraud, identity theft, child pornography, sex crimes, juvenile crimes and white collar crimes.

Many non-criminal legal cases are settled outside of court and never actually reach a trial. Criminal defense attorneys, however, try more cases in a courtroom and before a judge and jury than any other type of attorney.

Do not talk to any member of law enforcement, and call a lawyer immediately. The police will try to get you to discuss the items they are searching for, etc. They want to get incriminating information from you. Anything that you say to the police during this time can be used against you in court down the road. Additionally, you may lose any defenses that may otherwise have been available to you. You are not required to talk to the police for any reason. Simply alert them that you want a lawyer present before any questioning begins.

At Hernandez & Hamilton, PC, we provide the very best representation that money can buy. We provide the best defense representation possible in every single case we accept. Our philosophy is the result of our decades of experience.

Being charged with a crime is one of the most devastating life experiences one can go through. The possible consequences include imprisonment, fines, fees, forfeitures, loss of career, loss of educational opportunity, and loss of reputation in the community. In a criminal case, you are fighting against the government with all its power and resources. The resources available to the government are virtually limitless. If there is media attention on the case and/or public emotion surrounding the individuals involved, the stakes are even higher. Criminal defense strategy must be done right--and done right from the very start--in order to be truly successful.

A successful defense depends on each client’s unique situation and takes time to fully appreciate and understand each particular case. Call our law firm today so we can discuss what your defense strategy should look like.

Many non-criminal legal cases are settled outside of court and never actually reach a trial. Criminal defense attorneys, however, try more cases in a courtroom and before a judge and jury than any other type of attorney.

Almost all Tucson criminal defense lawyers will tell you to take a plea bargain if the police have a large amount of evidence against you. A plea bargain happens when you agree to plead guilty or no contest to certain crimes you are charged with or to lesser charges in exchange for a shorter or lighter sentence.

Plea bargains are one of the reasons it is important to hire a criminal defense lawyer to represent you. A trained criminal attorney will know what kinds of plea bargains are offered to people in circumstances just like yours. They will know if what you are being offered is fair.

The attorney-client relationship is a sacred one. Attorney-client privilege is a legal term that refers to keeping communications between a person and their lawyer private. This privilege allows you to speak freely to your lawyer without the risk of having them be forced to testify against you.

Get Our Results-Driven Tucson Criminal Defense Lawyer on Your Side

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If you are facing criminal charges, time is of the essence to protect your rights. The sooner you get us involved, the quicker we can start gathering critical evidence and build a powerful defense strategy. This also allows us to investigate more thoroughly and negotiate with prosecutors where necessary to achieve the most favorable outcome for you.

Our office in Tucson is open 24 hours, including weekends and holidays, so ring us up at 520-882-8823 or contact us online anytime, day or night to schedule your free consultation.

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"I have been doing investigative work alongside Mr. Hamilton for several years. We have prevailed in a number of cases together, and I have personally admired Hamilton's dedication to his clients, and the creative ideas he has when defending clients. I also hired Mr. Hamilton to represent a friend, and he was my first choice. Mr. Hamilton is aggressive and effective.""


"Clay Hernandez is a Knight in shinning Armour! He came to the rescue of me and my family when we needed it the most. I could of not found a better fit for my case. Him and his staff we so attentive to mine and my family needs it was like they treated us like we were family! I greatly appreciate the work him and his staff did for us!.I can honestly say if you are ever in a bind and has to fight you need Clay Hernandez in you corner!!!"


"I was charged with some very serious crimes which would have sent me to prison, cost me my career, and my reputation.I went to josh after a recommendation and meeting with several other lawyers in town. 100% I made the right choice going with josh. He believed in the case, was always attentive and available, and most importantly was extremely aggressive in my defense. I had my bogus charges dismissed after josh led a very aggressive investigation to clear my name and the accusations and am thankful and relieved. There are only a handful of lawyers in Tucson to consider let alone hire if you are charged with a crime. Josh is one of them."


"Mr Hamilton takes pride in his work and it is this passion that makes him such a great lawyer. He is diligent and hardworking. He will do anything in his power to make sure there is a good resolution on your case. Highly recommended!!!"


"I hired Joshua Hamilton to take over my son's case that was not going well. Joshua Hamilton has been an aggressive, caring and direct attorney. He did what my son's previous attorney could not do before I fired him. He got my son's case dismissed. Without hesitation, I would highly recommend Joshua Hamilton."


"I needed help with my DUI and Mr. Hamilton was there to protect my rights."


"Hired Josh to take care of a matter. He got the case dismissed quickly and efficiently. Knows what he is doing and is good."


"Josh has helped me with multiple incidences over the past few years. He knew how to handle every situation that had come up during those cases. He told me not to worry from the beginning because he was confident that he could get the charges dismissed, and he did every time. Josh made the process very easy and was open to any questions along the way so I knew exactly what was going on. He is very knowledgeable about the law while being professional and kind."


"It only took one,brief consultation with Mr. Hamilton to hire him for my case against the state. He is a knowledgeable, forward-thinking attorney who provided excellent representation, resulting in me winning my case."


"Clay defended me for three DUI arrests many years ago. He made no unrealistic promises, and he navigated through my cases with marvelous precision. His patience, sensibility and reasoning resulted in an outcome far less severe than what any highly advertised lawyer could have provided. If you're facing criminal charges, call this guy first."


"Clay is one of the best attorney's in Tucson. He handled my case in a quick and professional manner, and was able to resolve the issues with very little cost to me. I would recommend Clay to anyone who may need a Criminal Lawyer, period... with out question."


"Unfortunatly I have had to use Clay 2 times. With that said I learned how knowledgable he was the1st time around and hired him a 2nd time. He really worked for us and always kept us infomed through out the whole court process. Ive since been very pleased with the out come of both of my boyfriends cases. Clay is a blessing to our family. Thank you Clay for all youve done.."