When your reputation, freedom, and livelihood are on the line, it is imperative that you have a lawyer who is an experienced, proven advocate with real and substantial results. At the Law Office of Hernandez & Hamilton PC, we have successfully represented clients at trial and negotiated favorable plea agreements in numerous criminal matters throughout Arizona and in federal courts nationwide.
WILLIS VS. BERNINI – WON AT THE ARIZONA SUPREME COURT
In a landmark case involving the rights of the accused during state grand jury proceedings, we became involved in the litigation when we were retained to represent Arizona Attorneys for Criminal Justice (AACJ) before the supreme court. Ms. Lamoureux argued the case and helped secure a unanimous victory. All seven justices of the Arizona Supreme Court reaffirmed the rights of the accused to substantive due process before the grand jury, to specifically include the right to request exculpatory evidence to be presented to explain away potential criminal charges as well as an independent duty upon Arizona prosecutors to present clearly exculpatory information even where the accused does not make a specific request. The supreme court ultimately reversed the trial court and ordered a new determination of probable cause.
FEDERAL KIDNAPPING & ASSAULT ON FEDERAL OFFICER – REDUCED TO MISDEMEANOR
Our client was accused of kidnapping and assaulting a U.S. Border Patrol agent. We were able to show the original charges were far too extreme and eventually negotiated a resolution for our client whereby he pled to a single misdemeanor count of simple assault and received a sentence of PROBATION.
STALKED – CHARGES REDUCED TO MISDEMEANORS
Our client was accused of numerous felony domestic violence offenses included stalking and residential burglary. The prosecutors were demanding prison time followed by long-term intensive probation supervision including GPS ankle monitoring. We took over the case after the prosecutors refused to back down and were totally unwilling to modify their stance. After filing several motions to challenge the legal sufficiency of the charges, the prosecutors changed their tune and ultimately the CHARGES REDUCED TO MISDEMEANORS with just one year of PROBATION as the ultimate punishment.
CHILD ABUSE – NO CHARGES FILED
Our client was a police officer who was wrongfully accused of child abuse. We were able to demonstrate the accusations were false, and the prosecutor’s office ultimately declined to file any charges against our client.
STATE CHILD PORNOGRAPHY – REDUCED TO UNDESIGNATED OFFENSE & PROBATION
Our client was charged with numerous counts of sexual exploitation of a minor in superior court. His life would have been completely ruined if convicted as originally charged. We were able to get the charges reduced to a single count of facilitation, an undesignated offense, and convince the judge that sex offender registration was inappropriate. In the end, he received a sentence of just six months on PROBATION with NO SEX OFFENDER REGISTRATION at all.
SEXUAL ASSAULT OF A MINOR – NO CHARGES FILED
Our client was a college student who was accused of sexually assaulting a fellow classmate. The allegations were unfounded, and we were able to get the case detective some additional information which shed light on what actually happened, and which cut against the accuser’s alleged sequence of events. In the end, no charges were ever filed against our client and he was able to put the entire unfortunate incident to rest and move on with his academic career.
HANSEN VS CHON-LOPEZ – WON AT ARIZONA COURT OF APPEALS
Our client was wrongfully accused of molesting a child. He presented compelling evidence to demonstrate his innocence, but the prosecutor refused to present it and concealed its true existence from the grand jury. After the trial court denied our motion requesting a new finding of probable cause before a different grand jury, the attorneys at Hernandez & Hamilton, PC vigorously appealed the trial court’s decision to Division II of the Arizona Court of Appeals in Tucson. In a unanimous decision, the appeals court ultimately determined that our client’s rights were indeed violated and thus reversed the trial court’s erroneous ruling. In the end, the case against our client was dropped entirely.
SEXUAL ASSAULT – NO CHARGES FILED
Our client was accused of sexually assaulting his ex-girlfriend. We demonstrated the accusations were not true, and with the aid of our expert private investigators, were able to demonstrate the allegations were false. Upon being confronted with our evidence, the County Attorney’s Office correctly decided not to prosecute our client.
STATE FRAUD CHARGES – ALL CHARGES DISMISSED
Our client was wrongfully accused of embezzlement. We were able to chip away at the evidence so much so that judge actually went so far as to grant our motion and ordered the full DISMISSAL OF THE INDICTMENT.
FEDERAL CHILD PORNOGRAPHY – PROBATION
Our client’s home was raided by a federal SWAT team and eventually arrested and charged with numerous federal child pornography charges. He faced life imprisonment if convicted. After years of courtroom litigation and plea negotiations with federal prosecutors, we were able to craft a plea agreement which allowed for a potential of no time spent in prison. Such plea agreements are nearly unheard of in the federal court system in these types of cases. At sentencing, the recommended sentence was 63 months. However, Mr. Hamilton and Ms. Lamoureux argued for the minimum sentence, and the judge agreed with their arguments. In the end, our client received a sentence of PROBATION and avoided federal prison completely.
CHILD MOLESTATION – NO CHARGES FILED
Despite our client’s highly-decorated professional career, he was accused of a crime he did not commit. We set out to demonstrate his innocence. After conducting a thorough defense investigation, we were able to show the accusations against him were nothing more than an attempt to collect money. The prosecutors took one look at the evidence we had produced and correctly determined there was no chance of conviction. Our client was never charged with any crimes whatsoever.
BURGLARY & FELONY THEFT – ALL CHARGES DISMISSED
Our client was a student at the University of Arizona and was arrested for allegedly stealing something from an on-campus dorm as part of a college prank. We worked at getting the missing item returned to the original owner and quickly got the prosecutor to agree to have all charges DISMISSED WITH PREJUDICE immediately.
KIDNAPPING & AGGRAVATED ASSAULT – ALL CHARGES DISMISSED
Our client was charged with thirteen different counts of felony domestic violent, including kidnapping and aggravated assault. If convicted as charged, he would have been required to serve a mandatory prison sentence, not to mention the loss of his professional licensure and permanent damage to his career and reputation in the community. We were hired and immediately got to work along with our private investigators and laser-focuses ourselves towards dismantling the charges—piece by piece—until we demonstrated conclusively that our client was innocent and the charges against him were based upon fabricated evidence. After convincing the prosecutor that there was no chance of obtaining a conviction against our client at trial, the entire case was DISMISSED accordingly.
UNITED STATES OF AMERICA VS. REDACTED – WON AT THE NINTH CIRCUIT
Our client’s home was searched as part of a child pornography investigation. He was interrogated outside his home for an extended period, and the officers repeatedly told him he was “free to leave” despite the fact that he was barefooted and his home was crawling with officers. We appealed the conviction to the Ninth Circuit Court of Appeals in San Francisco, where we argued that our client’s rights were violated by the police. The panel unanimously agreed with our arguments, and held our client’s rights were indeed violated and, as a result, granted our request to have ALL CONVICTIONS REVERSED and our client was RELEASED FROM PRISON as a result.
STATE SEXUAL ABUSE – ALL CHARGES DISMISSED
Our client was accused of groping a woman he met at a bar while he was on vacation in Tucson. Our client was a professional who was based out-of-state. If convicted, he faced the potential of serious prison time, six-figure fines, and registration as a sex offender. A felony conviction could have also cost him his professional license and his career. Upon getting hired, the first thing we did was launch an aggressive, independent defense investigation. The materials our private investigator uncovered was truly ground-breaking. With that additional information, we went to the prosecutor and convinced him to DISMISS all of the charges against our client.
FEDERAL FALSE STATEMENT & FALSIFIED REPORTS – ALL CHARGES DISMISSED
Our client was charged in a multi-count indictment accusing him of various crimes relating to his employment as a federal law enforcement agent. Our independent review of the government’s evidence led us to conclude our client was completely one-hundred percent innocent of any wrongdoing. After several years of intense courtroom litigation, and dozens and dozens of complex filings and evidentiary hearings before a federal judge, we prevailed and got the entire case DISMISSED WITH PREJUDICE on the eve of trial.
FIRST DEGREE MURDER – ALL CHARGES DISMISSED
Our client was charged with two counts of first degree murder for two deaths which occurred during a high-speed police chase near the border. If convicted, our client would have faced multiple mandatory life sentences under Arizona’s harsh mandatory sentencing statutes. ARS 13-1105(D), 13-751, 13-752. After eighteen months of protracted litigation and negotiations, our attorneys were able to persuade the prosecutor’s office that the evidence against our client was insufficient and that convictions would be unlikely at trial. Eventually, the prosecutor filed a motion asking the court to drop the charges completely and the case was DISMISSED.
SEXUAL CONDUCT WITH A MINOR – MISDEMEANOR PROBATION
Our client was accused of having sex with a underage girl. If convicted, he faced the potential of several decades in prison under Arizona’s harsh mandatory minimum sentencing laws and sex offender registration. The client thoroughly maintained his innocence and we fought the charges vigorously at every stage in the proceedings. The state eventually agreed to allow our client to plead guilty to a drastically reduced non-sex related charge and he was placed on 6 months of PROBATION.
SEXUAL CONDUCT WITH A MINOR – NO CHARGES FILED
Our client was contacted by detectives from the Tucson Police Department following a tip that he had sexually assaulted a minor. We were able to demonstrate that the accusations were false, and the County Attorney’s office ultimately declined to file any charges against our client.
ATTEMPTED MURDER & DRUG TRAFFICKING – PROBATION
Our client was arrested for attempted murder and other serious charges following a gun battle which took place on Tucson’s north side. We were able to demonstrate that our client acted in self-defense and was justified in shooting his attacker. The State instead elected to prosecute our client for marijuana trafficking, and sought to take his family home from him through Arizona’s harsh civil asset forfeiture laws. Ultimately, after two years of courtroom battles, we were able to get a sentence of probation for our client and settle the forfeiture matter to keep our client’s property from being forfeited to the state.
STATE CHILD PORNOGRAPHY – NO CHARGES FILED
Our client’s home was raided by a tactical team of Sheriff’s detectives and Homeland Security agents. All of his electronic devices were seized pursuant to a search warrant issued by a superior court judge. We were able to work quickly to demonstrate that our client did not deserve to be prosecuted and were able to convince the prosecutor’s office that no charges should be filed against him and got our client’s electronic devices returned immediately.
AGGRAVATED ASSAULT WITH A DEADLY WEAPON – ALL CHARGES DISMISSED
Our client was originally represented by a different attorney and was convicted of shooting someone during a drug robbery in Tucson and sentenced to 5 years in state prison. After getting our client’s conviction overturned on appeal, Carol Lamoureux was able to secure his release from custody, and eventually convinced the prosecutor to drop the charges and get the indictment dismissed completely. Thus, our client has no criminal conviction whatsoever.
FIRST DEGREE MURDER – ALL CHARGES DISMISSED
In this high-profile homicide case, our client was charged with arranging an robbery in which a person was kidnapped and subsequently killed. After we poked major holes in the prosecution’s case, we were able to get the case dismissed and get our client released from jail and reunited with his family.
STATE OF ARIZONA V. MURRAY – WON AT THE ARIZONA SUPREME COURT
Our client was represented by a different attorney at trial and was convicted of aggravated assault with a deadly weapon in Pima County Superior Court, and sentenced to 5.0 years in the Arizona State Prison. Our client’s family felt he was not given a fair trial and hired us to represent him during his appeal process. We took his case to the Arizona Court of Appeals and, eventually, to the Arizona Supreme Court, where we secured a unanimous victory. All seven justices of the Supreme Court ruled that the prosecutor violated our client’s rights and committed prosecutorial error during the trial. The Supreme Court reversed the conviction and vacated the judgment of guilt.
SEXUAL ASSAULT – ALL CHARGES DISMISSED
Our client was accused of sexually assaulting a woman with whom he had gone out on a date. If convicted, our client would have lost his job, his reputation in the community, and would have been required to spend at least 5.25 to 14 years in prison. He would also have had to register as a sex offender for the rest of his life. Our attorneys conducted a very extensive defense investigation and turned over a plethora of updated information to the police and prosecutor’s office and convinced them to drop the case against our client and DISMISS the charges completely.
SEXUAL CONDUCT WITH A MINOR & CHILD MOLESTATION – PROBATION
Our client was charged with multiple counts of Sexual Conduct with a Minor Under the Age of Fifteen and Child Molestation. He faced decades of mandatory time behind bars if convicted. He quite literally faced the prospect of death in prison if we lost. We were able to negotiate a resolution that spared our client mandatory prison and convinced the judge to place our client on PROBATION instead.
POST-CONVICTION RELIEF – NO SEX OFFENDER REGISTRATION REQUIRED
Our client was convicted in a different jurisdiction of a misdemeanor offense and he was not ordered to register as a sex offender. However, when he relocated to Arizona, he was told that he would be required to register under Arizona law. Moreover, he was told that if he did not register as a sex offender (which, in Arizona, is for life) he would be arrested and charged with the felony offense of Failure to Register as a Sex Offender. Our attorneys researched the matter and quickly determined that the client was not subject to registration. Ultimately, when the law enforcement agency refused to back down, Hernandez & Hamilton, PC filed a civil lawsuit against the Pima County Sheriff’s Department and obtained an emergency restraining order preventing our client from having to register. Ultimately, the law enforcement agency relented and NO SEX OFFENDER REGISTRATION was required.
MAJOR NARCOTICS AND MONEY LAUNDERING CONSPIRACY – PROBATION
Our clients were charged in a multi-count, multi-defendant case and accused of various counts of narcotics trafficking, money laundering, criminal enterprise, racketeering, and conspiracy relating to a multi-state drug trafficking venture. Our clients faced major prison time if convicted. We rejected numerous plea offers from the prosecution which would have sent our clients to prison for many years. After nearly three years of litigation, we were able to get the charges reduced and our clients received a sentence of PROBATION from the judge.
FIRST-DEGREE MURDER – PROBATION
Our client was charged with first-degree murder and armed robbery charges. If convicted, he faced the rest of his life behind bars. We were able to work through the case quickly and got our client a sentence of PROBATION. He did not spend a single moment behind bars.
AGGRAVATED LURING OF A MINOR FOR SEXUAL EXPLOITATION – PROBATION & NO SEX OFFENDER REGISTRATION
Our clients were arrested as part of a large police sting. Under Arizona law, they faced decades and decades in prison if convicted. After discovering major legal errors in the police investigation and the sting operation itself, our clients avoided jail time and were placed on PROBATION with NO SEX OFFENDER REGISTRATION. Our clients were did not serve any jail time whatsoever.
News Link: 21 Arrested in Tucson During Sexual Predator Sting
AGGRAVATED LURING OF A MINOR FOR SEXUAL EXPLOITATION & FURNISHING OBSCENE MATERIALS TO A MINOR – PROBATION
In a high-profile case in Cochise County, our attorneys worked diligently to dismantle the prosecution’s case and keep our client out of prison.
News Link: Judge Grants Request for Leniency
AGGRAVATED ASSAULT WITH A DEADLY WEAPON – REDUCED TO A MISDEMEANOR
Our client was accused of assaulting two people with a handgun. If convicted, he faced a mandatory minimum 5-30 years in the Arizona State Prison system. We got the charges reduced to a single misdemeanor. The client was ultimately placed on 6 months of PROBATION and he did not lose his gun rights.
FEDERAL OBSTRUCTION OF JUSTICE – ALL CHARGES DISMISSED
Our client was accused of conspiring to tamper with a witness and encourage false statements to federal investigators. We were able to demonstrate fundamental failures in the investigation and get the charges against our client dropped completely.
SEXUAL ASSAULT & KIDNAPPING – ALL CHARGES DISMISSED
Our client was charged with sexually assaulting and kidnapping a woman he met online. Our lawyers were able to demonstrate serious concerns with the accuser’s credibility and convicted the prosecutor to drop the charges entirely.
POSSESSION OF MARIJUANA – ALL CHARGES DISMISSED
Our client was illegally searched at the airport and cited with various crimes for allegedly possessing marijuana. We were able to get the case dropped quickly so the client could move on with their life and avoid suffering any adverse consequences to their career.
STATE FRAUD CHARGES – ALL CHARGES DISMISSED
Our client was a well-respected business leader in our community. A very sloppy police investigation led to his arrest for fraudulent schemes and artifices. We were able to get the charges dismissed immediately.
POST-CONVICTION RELIEF – SENTENCE REDUCED TO TIME SERVED
We were hired by a family upset by the sentence their loved one received. The client was originally represented by a court-appointed attorney and took a plea which required him to serve at least 10 years in prison. Our attorneys were able to get the judge to reduce the sentence to time served.
FEDERAL POSSESSION OF MACHINE GUNS – REDUCED TO A MISDEMANOR
Our client was charged with unlawfully possessing two unregistered machine guns (fully-automatic weapons) in violation of the National Firearms Act. Attorney Josh Hamilton was able to get the charges reduced to a single misdemeanor. The client paid a $250 fine and was not even placed on probation. He never lost his right to possess firearms.
FELONY DOMESTIC VIOLENCE – ALL CHARGES DISMISSED
Our client was accused of stalking and harassing his ex-wife. We were able to demonstrate the charges were completely fabricated. Upon confronting the prosecution with the overwhelming evidence which demonstrated our client’s innocence, the charges were quickly dismissed.
MARIJUANA GROW HOUSE – REDUCED TO A MISDEMANOR
Our clients were charged with running an illegal marijuana grow house. If convicted, they faced mandatory prison time under Arizona’s harsh drug statutes. After filing complex motions and challenging the search warrant in court, our clients were offered pleas to misdemeanors and were placed on six months ofPROBATION. They did not spend a single second behind bars.
STATE CHILD PORNOGRAPHY – PROBATION & NO SEX OFFENDER REGISTRATION
Josh Hamilton and Clay Hernandez represented a young man who was arrested by the Sierra Vista Police Department and charged with several counts of Sexual Exploitation of a Minor. The client was facing a mandatory minimum of 50 years in prison if convicted as charged in the indictment. The attorneys discovered some very serious flaws with the police investigation as well as the detective’s testimony before the grand jury. Comprehensive motions were filed with the court, and ultimately the client was given a plea to reduced charges and placed on three years of PROBATION with NO SEX OFFENDER REGISTRATION, which is essentially unheard of in these types of cases.
STATE CHILD PORNOGRAPHY CHARGES – PROBATION & NO SEX OFFENDER REGISTRATION
The client’s house was raided by state and federal police and he was charged with allegedly possessing child pornography. Due to the severity of the charges, he faced the potential of as much as 168 years in prison. Attorney Josh Hamilton was able to negotiate a very favorable plea to reduced charges and obtained an extremely lenient sentence of PROBATION with NO SEX OFFENDER REGISTRATION. The client ultimately served no jail time whatsoever.
ASSAULT & WEAPONS MISCONDUCT – NOT GUILTY ON ALL COUNTS
Attorney Clay Hernandez represented a disabled war veteran who was wrongfully arrested and charged for displaying a firearm after being accosted by a suspicious person in a public park. Clay was able to demonstrate that his client legally displayed his weapon in self-defense and successfully obtained a verdict of NOT GUILTY on all charges.
FEDERAL COCAINE & MONEY LAUNDERING CONSPIRACY – ALL CHARGES DISMISSED
Our client was arrested by special agents with the Organized Crime Drug Enforcement Task Force (OCDETF) in connection with an alleged inter-state drug trafficking organization. Agents seized more than 85 pounds of cocaine, 17 vehicles, and eight properties in Pima County worth an estimated $2.5 million. Mr. Hamilton was able to secure a DISMISSAL of the charges against his client prior to trial.
DOMESTIC VIOLENCE AGGRAVATED ASSAULT – ALL CHARGES DISMISSED
Our client was accused of attacking his girlfriend and causing her to sustain serious injuries. Working with our investigator, we were able to establish that the charges were fabricated and convinced the prosecutor to DISMISS the charges.
SEXUAL CONDUCT WITH A MINOR & CHILD MOLESTATION – PROBATION & NO SEX OFFENDER REGISTRATION
In this very serious child sex abuse case, our client was charged with multiple counts of Sexual Conduct with a Minor Under the Age of Fourteen and Child Molestation, which can carry absolutely severe sentences under Arizona law. There were problems with the police investigation that were pointed out to the prosecutor. By demonstrating our client was remorseful and presenting him in the best light possible, we were able to negotiate a plea deal that resulted in our client receiving a REDUCED CHARGE of Furnishing Harmful Material to a Minor.
ILLEGAL PROSTITUTION & HUMAN RACKETEERING CONSPIRACY – PROBATION
In this major case prosecuted by the Arizona Attorney General’s Office, the clients were charged with allegedly maintaining and operating a brothel. Police seized hundreds of thousands of dollars of clients’ property, including cars, guns, cash, businesses and two luxury homes. In the end, our client pled “no contest” to reduced charges, received a short sentence of STANDARD PROBATION, and the police were required to return every single piece of property they took from our clients.
SEXUAL ASSAULT & KIDNAPPING– ALL CHARGES DISMISSED
In this high-profile case, our client was a well-respected member of the community who was wrongfully accused of sexual assault. Our team led an independent investigation spanning more than two years and in the end were able to get the charges against our client DISMISSED completely and cleared his name.
FELON-IN-POSSESSION OF A FIREARM – ALL CHARGES DISMISSED
Our client was targeted by police because they believed he was a member of an Outlaw Motorcycle Gang. He was illegally pulled over by police and wrongfully arrested in the front yard of his home. Police claimed they recovered an illegal firearm during a search and he was charged with Misconduct Involving Weapons and other charges. The charges were DISMISSED after we demonstrated the firearm was perfectly legal to possess and the felony charges were DISMISSED and refilled in misdemeanor court. After a year of fighting the misdemeanor charges, they too were DISMISSED.
FEDERAL CHILD PORNOGRAPHY – PROBATION
Homeland Security agents knocked on our client’s door and asked to come in to talk to him. The agents manipulated him to allow them to inspect his computer for child pornography. A year later, he was arrested and charged in federal court with Possession of Child Pornography and Knowing Access of Child Pornography. Federal prosecutors offered a plea which would have required our client to spend not less than 51 months in prison. We rejected the plea offer and pled the client without a plea agreement. At sentencing, federal prosecutors asked for 97 months in prison. Mr. Hamilton argued for a sentence of probation. Our client received a sentence of PROBATION and did not have to spend any time in custody.
STATE OF ARIZONA V. BUTLER – WON AT THE ARIZONA SUPREME COURT
Following an illegal search to look for drugs, our client was arrested for drug possession and driving under the influence (DUI) among other charges. We filed a motion arguing the evidence should be suppressed because the search was illegal; we won the motion. The prosecutor appealed the case, which went all the way to the Arizona Supreme Court. In a highly-praised victory, Mr. Hamilton dismantled the abusive police practice which forced suspects to consent to warrantless searches following arrest. As a result, hundreds of pending cases statewide had to be dismissed. The case is widely-considered one of the most important cases in the area of search and seizure law in the past decade.
News Link: DUI RULING Justices reject ‘implied consent’
DRUG RIP HOME INVASION KIDNAPPING AND ROBBERY – NOT GUILTY ON ALL COUNTS
Our client was accused of participating in an armed “drug rip” robbery of a magic mushroom grow house. The client was charged with 19 felonies, all of which were “Dangerous Nature” offenses under Arizona law, carrying the potential for life imprisonment if found guilty. After a two-week jury trial, our client was found NOT GUILTY of all charges.
MEXICAN MAFIA PRISON GANG CONSPIRACY & DRUG TRAFFICKING – ALL CHARGES DISMISSED
Mr. Hernandez was retained to represent our client who was arrested by the Federal Bureau of Investigation (FBI) in a complex, multi-co-defendant RICO case in Pinal County. Our client was accused of being a ring-leader (or “shot caller”) of the notorious Arizona Mexican Mafia prison gang. After years of expert litigation by the Law Office of Hernandez & Hamilton PC, including a successful appeal at the Arizona Court of Appeals, the charges were DISMISSED completely.
LARGE-SCALE MONEY LAUNDERING – ALL CHARGES DISMISSED
Our client was stopped for speeding by the Arizona Department of Public Safety as he drove from Florida to California for spring break. A drug-detection dog alerted to the scent of narcotics inside the car. No narcotics were located, however, police seized approx. $275,000 in cash and our client was arrested and charged with Money Laundering. Mr. Hamilton was able to convince the Arizona Attorney General’s Office to DISMISS the charges against his client and eventually was able to force the police to return all the entire $275,000 plus interest to his client.