Practice Areas

Sex Offenses

Sex cases involve accusations of rape, sexual abuse, child molestation, child porn, and are among the most serious offenses within the criminal justice system. Many lawyers do not handle sex cases. But at the Law Office of Hernandez & Hamilton, PC, we believe that people are innocent until proven guilty and have the right to experienced, talented criminal defense attorneys. Our criminal defense practice focuses on the most serious cases, including sexual assault and child molestation cases.

If you or a loved one has been accused of committing a sex crime or has been charged with rape or other sex crime, contact the Law Office of Hernandez & Hamilton, PC. We have the experience, skill, and resources to fight to protect your rights.

Our office knows the stakes are high in any criminal case. Simply being accused of a sexual offense can have devastating consequences on someone’s entire life. Being convicted of a sex crime can result in severe consequences, including a lifetime behind bars. A conviction can also carry other penalties such as being required to register as a sex offender or being labelled as a sexually violent predator. Our practice is focused on doing everything possible to successfully defend you against the charges and to ensure your rights are protected throughout the entire process. We handle all types of sex cases, including sexual assault, sexual abuse of a child, child molestation, internet sex crimes (including child pornography and luring), indecent exposure, and other sexual offenses.

Violent Crimes

Violent offenses carry the potential for very severe criminal penalties. Crimes of violence differ from other areas of the law, and defending persons accused of violent crimes takes particular experience and skill. These crimes can be premeditated (planned out in ahead of time), but often occur in the heat of the moment and without any planning. Violent offenses are frequently the result of substance abuse. Because violent crime investigations occur quickly, the police often fail to find or preserve evidence that could be beneficial to the defense. At the Law Office of Hernandez & Hamilton, we frequently employ our own defense investigator to conduct an independent investigation into the facts.

Violent crimes often involve the use or threatened use of weapons or serious physical injury which can carry lengthy mandatory prison sentences under Arizona and Federal law. It is essential to retain an attorney who knows how these charges work and understands how to defend them successfully.

We represent clients charged with a range of violent crimes including assault, aggravated assault, armed robbery, first degree burglary, sexual assault, attempted murder, and murder.
Whatever the charge, we are dedicated to obtaining the best possible outcome, which can include dismissal of the charges, a favorable plea bargain, or seeking an acquittal at trial.

Domestic Violence

In Arizona, the term “domestic violence” describes various crimes (such as assault, kidnapping, criminal damage, disorderly conduct, etc.) committed against a person’s current romantic partner or former partner or family member. Domestic violence offenses often have long-lasting repercussions for the defendant, regardless of whether he or she is convicted. The social stigma that accompanies domestic violence charges can negatively affect one’s career, child custody, divorce, professional licensing, and other important aspects of your life. Even a misdemeanor domestic violence conviction and strip you of your gun rights for the rest of your life.

What’s Considered Domestic Violence in AZ

At the Law Office of Hernandez & Hamilton, PC, we understand the severity of domestic violence accusations and the terrible impact that can have on your freedom and your daily life.
Domestic violence charges are considered “violent crimes” under Arizona law and often occur as the result of a domestic dispute which got out of control. Statistics show us that about 1 in 3 women and 1 in 4 men have experienced domestic violence during their lifetimes. Most think of domestic violence as “wife beating,” but many acts can be considered domestic violence offenses in Arizona: intimidation, harassment, stalking, voyeurism, revenge porn, endangerment, kidnapping, and assault with a deadly weapon.

According to Arizona law, a “family or household member” can be any of the following:

• Spouses, both current and former
• Anyone who resides in a household (i.e., roommates)
• People who share a child in common
• Anyone involved in a romantic or sexual relationship
• Anyone who used to be involved in a romantic or sexual relationship
• A family member such as an aunt/uncle, grandparent/grandchild, etc.
• Anyone related by blood or as a parent

Domestic violence penalties can be severe and can disrupt the rest of your life. Arizona law provides that domestic violence occurs if the accused defendant commits an illegal act (such as assault) and the relationship between the defendant and the victim is domestic in nature, such as:

• The two were married or are married
• The two live together now or lived together in the past
• The two have a child in common
• The two have a familial relationship

Often, the question of a restraining order arises during or after a domestic violence dispute. The police routinely encourage alleged domestic violence victims to obtain a restraining order in domestic violence situations. A restraining order can also be called an “Order of Protection.” These orders aim to prevent the abuser from coming near the victim and must be issued by a judge. It prohibits a person from committing acts of domestic violence or from contacting a person protected by the order. The order lasts for one calendar year after it is formally issued and served on the defendant, but the alleged abuser can request to have the order altered or dismissed at any time. Violating a restraining order is a criminal charge and, under some circumstances, may be charged as a felony.

At the Law Office of Hernandez & Hamilton, we have handled literally hundreds of domestic violence cases for our clients. If you or a loved one are facing a domestic violence case, contact our office in Tucson, Arizona to schedule a free consultation.

Federal Drug Charges

The Law Office of Hernandez & Hamilton, PC, focuses on the aggressive defense of federal drug cases. We successfully defend our clients in Tucson and Phoenix federal courts, as well as federal courts throughout the United States. At present, we have successfully represented clients in federal cases in 18 different states.

Federal drug charges are filed in cases involving large, multi-state drug transactions and in instances when the drug crimes were investigated by a federal law enforcement agency, such as the Drug Enforcement Administration (DEA), the Federal Bureau of Investigation (FBI), or the Department of Homeland Security (HSI).

Federal drug cases are often subject to inflexible and harsh sentences under the Federal Sentencing Guidelines and may carry a long, mandatory minimum sentence in federal prison.
If you or a loved one is facing federal drug charges, contact us at our office in Tucson, Arizona today. We represent our clients in federal drug cases involving:

• Drug Possession and Possession of Drugs with Intent to Sell (involving large amounts of marijuana, heroin, cocaine, methamphetamine, and other illegal substances)
• Drug trafficking and distribution of illegal drugs and prescription medications
• Drug Conspiracy, including conspiracy to import drugs into the United States, continuing criminal enterprises, wiretap investigations, and inter-state drug trafficking organizations

For more information on drug crimes, applicable statutes, and other issues involving drug cases, please review our Drug Trafficking content page or contact us.

State Drug Charges

Arizona law provides stiff penalties for drug crimes, such as growing or cultivating marijuana, possessing narcotics for sale, possessing dangerous drugs for sale, etc. Our law firm represents individuals throughout Arizona in state court drug cases involving methamphetamine, cocaine, heroin, marijuana, and other types of controlled substances. We have substantial experience in litigating motions to suppress evidence, illegal search and seizure, traffic stops, drug detection dogs, and other aspects of criminal defense in drug cases. In every one of these cases, our experience and aggressive defense of our clients can work to protect your rights and result in the best possible outcome for you or your loved ones.

The Law Office of Hernandez & Hamilton, PC, specializes in drug cases and is widely considered one of the most elite law firms in the State of Arizona in that area of practice. Our attorneys have extensive experience in defending individuals facing drug charges throughout Arizona and have a track record of winning results going back more than three decades. We have a combined 90+ years of experience in litigating drug charges and have earned a reputation of achieving unparalleled results for our clients in such cases.

Any drug charge is serious and deserves top-tier representation by an experienced attorney. Contact our office to speak with us today. The initial consultation is free and we can meet with you or your loved one right away, even if they are still in custody.

Drug Conspiracy

Drug conspiracy charges are an extremely powerful tool used by the police and prosecutors in state and federal drug prosecutions. A conspiracy is a criminal agreement between two or more persons to commit an illegal goal with some action taken towards achieving that goal. A member of the conspiracy does not need to personally commit an illegal act to be culpable, but a member must know of the plan and intended to violate the law. One person can be charged with and convicted of both conspiracy and the underlying crime based on the same evidence. For example, a person may be convicted of conspiracy to possess cocaine with the intent to distribute as well as possession of cocaine with intent to distribute it.

Under the law of conspiracy, people are often charged as a member of the conspiracy even if they did not touch drugs themselves or go anywhere near where drugs were located. Because conspiracy to commit a drug offense generally carries the same penalty as the actual drug offense itself, it gives police and prosecutors a tool they can use to scare and intimidate you and your loved ones into providing useful information.

The Law Office of Hernandez & Hamilton, PC, has successfully defended clients in drug conspiracy cases throughout Arizona and the United States. Contact our office today if you or a loved one are facing a drug conspiracy investigation or have been charged in a drug conspiracy case. Our firm has significant experience in handling drug cases, reviewing evidence, conducting our own independent investigation of police informants or snitches, and will pursue every opportunity available to us under the law to defend against the government.

Drug Trafficking

Drug trafficking prosecutions in Arizona are extremely common. Due to our proximity to the border, we frequently hear of large seizures of illegal drugs, especially at the ports of entry. Arizona courts are some of the busiest in the county due to the number of drug cases prosecuted here. For that reason, Arizona prosecutors are especially adept at prosecuting these type of offenses.

Cases involving drug trafficking (transportation for sale, possession for sale, drug smuggling, marijuana cultivation) allegations frequently begin with some form of traffic stop. Police investigators target motorists whom they suspect are involved in illegal activity and often look for a reason to stop the vehicle and search inside it. Police officers often employ drug-sniffing dogs during these traffic stops and try to find a pre-textual excuse to pull you over and conduct a search for illegal drugs.

At the Law Office of Hernandez and Hamilton, we have a combined 90+ years of experience in representing clients in drug trafficking cases. We have successfully defended countless drug trafficking cases, both in Arizona and Federal courts. We know how drug trafficking cases work and we can determine if your constitutional rights were violated or if a search was illegal. Evidence discovered during an illegal search (even drugs) cannot be used to convict you and often results in the case being dismissed completely.

Internet Crimes

Police are routinely turning to technology to assist in their criminal investigations. At the Law Office of Hernandez & Hamilton, we have a deep understanding technology and digital evidence. We provide relentless representation of our clients in state and federal cases for internet crimes including:

• Child Pornography: Any sexually-explicit visual depiction of a minor is considered child pornography under both Arizona and federal law. See A.R.S. §§ 13-3551, 13-3553; see also 18 U.S.C. §§ 2251, 2252A. Child pornography offenses carry the potential for severe prison sentences, even for first-time offenders. Simply viewing a picture on a web-browser, in an email, or from a file-sharing service could result in distribution or possession of child pornography charges. At the Law Office of Hernandez & Hamilton, PC, we handle all types of child pornography cases, including distribution, production, and possession cases.
• Internet Luring of Minors: Inviting, offering, or soliciting someone under the age of 18 for sexual purposes is a crime under both Arizona and federal law. Police often pose as children using Snapchat, Facebook, Instagram, Kik, and other web-based applications in sex stings to try to make arrests.
• Other Internet Offenses: We handle cases involving hacking, threats and intimidation, stalking, fraud schemes, illegal gambling, unlawful invasion of privacy, revenge porn, identity theft and other types of computer crimes.

Our attorneys have substantial experience litigating digital evidence, including cell-site location information, GPS tracker data, deleted emails, unallocated hard drive imaging, digital forensics, and other types of evidence in Internet crimes cases. Contact us at the Law Office of Hernandez & Hamilton, PC, at our offices in Tucson, Arizona, for a free consultation.

Money Laundering

Money laundering is defined as using money derived from criminal activity (drug trafficking, racketeering activity, etc.) or trying to conceal the source of money derived from criminal activity. Money laundering can involve tax evasion or avoidance of financial reporting requirements, and can involve the use of shell companies, which are fake businesses used to deposit and withdraw money.

Money laundering is a crime both under Arizona law (A.R.S. § 13-2317) and Federal law (18 U.S.C. §§ 1956, 1957) and carries the potential for severe penalties. Sadly, people who are completely innocent are often charged with money laundering simply for possessing cash, which is not illegal at all. Police often seize cash and attempt to permanently deprive the owner of it by utilizing Arizona’s broad civil forfeiture laws.

We have successfully represented clients in numerous money laundering cases, both in state court and in federal court. If you or a loved one has been charged with money laundering, it is important to contact the Law Office of Hernandez & Hamilton, PC, to schedule a free consultation.

Murder and Homicide

Cases involving the loss of human life are extremely serious. They are handled differently, and carry the potential for severe sentences, including life in prison. First-degree murder carries the potential for the death penalty.

Arizona law has four levels of homicide: first degree murder, second degree murder, manslaughter, and negligent homicide. Each level carries its own potential range of punishment and presents its own unique considerations for defending the case. The attorneys at the Law Office of Hernandez & Hamilton, PC, have extensive experience in representing clients in these types of cases. We conduct our own, independent defense investigation of the facts with our own private investigators and locate weaknesses in the case.

White Collar Crimes

The Law Office of Hernandez & Hamilton, PC has provided a robust defense for professionals and corporations charged with white collar crime for more than three decades. We have successfully represented clients who have been charged with so-called “white collar crimes” such as embezzlement, fraud, Internet crimes, securities violations, tax evasion, and other serious crimes in state and federal cases in Arizona and throughout the country.

Most “white collar” defendants have never been charged with a crime or even arrested in their entire lives and it comes as a complete shock to be named in an indictment and facing the potential of a lengthy prison sentence. Being accused of white collar crime can be life-changing, and clients need an attorney who can spend the time and energy to listen to their concerns and explain the process. We have compassion for our clients and can understand how difficult it can be to find yourself in the crosshairs of the government.

In order to successfully defend a client in a white collar prosecution, the lawyer must have experience handling complex criminal cases. Because white collar cases are often filed in federal court, clients especially need a lawyer who regularly practices in federal court.
At the Law Office of Hernandez & Hamilton, PC, our attorneys have handled some of the most complex white collar cases in the District of Arizona and beyond. If you have been charged with fraud, embezzlement, securities violations, or other white collar crimes, or are under investigation for a white collar crime, contact our office in Tucson, Arizona to schedule a free consultation today.

Experienced Criminal Lawyers for State and Federal Cases

With a combined 90+ years of criminal defense experience, we have successfully defended clients in numerous homicide prosecutions, both in Arizona and Federal courts. We work tirelessly to get the best possible outcome in your case, which includes working with private investigators, forensic pathologists, expert witnesses, criminalists, medical professionals, and other specialists. If you’re under investigation or have been arrested for a crime, you need legal representation immediately. Contact our office to schedule an free initial consultation.