Arizona Criminal Defense Attorney
George F. Klink
As an attorney practicing criminal law in Maricopa County for more than 30 years, George F. Klink has the experience and familiarity with the court system that is critical to properly and successfully representing the accused. Attorney Klink opened his law office in Phoenix in 1975 and since that time has represented hundreds of people who have been accused of a crime or been the focus of a criminal investigation.
Criminal cases in which he has been involved include high profile defendants, as well as the average citizen. Mr. Klink vigorously defends people accused of felonies as well as misdemeanors. The types of charges in which Mr. Klink has represented clients include:
- Murder
- Sex Offenses
- Manslaughter
- Prostitution
- Robbery
- Rape
- Theft
- Assault
- Fraud
- Domestic Violence
- Fraudulent Schemes
- DUI
- Burglary
- Probation Violations
- Arson
- Drug or Narcotic Offenses
- Other Criminal Offenses
In criminal law, fraud is the crime or offense of deliberately deceiving another in order to damage them — usually, to obtain property or services from him or her unjustly. Fraud can be accomplished through the aid of forged objects. In the criminal law of common law jurisdictions it may be called "theft by deception," "larceny by trick," "larceny by fraud and deception" or something similar. Fraud can be committed through many methods including mail, wire, phone and the internet.
Domestic violence is any physical, emotional, sexual or other violence that takes place between people who may be married or not married; heterosexual, gay, or lesbian; living together, separated or dating. Domestic violence can be criminal and include physical assault: hitting, pushing and shoving, etc., sexual abuse: unwanted or forced sexual activity, and stalking. Domestic violence charges can have a serious impact on your life.
Felony Crimes involve drug and narcotics charges, arson, burglary, armed robbery, murder and/or attempted murder, rape and/or sexual assault, kidnapping and aggravated assault and battery. A felony conviction is a serious matter that can result in a substantial state prison sentence and the potential loss of certain privileges and Constitutional rights of U.S. citizenship, such as the right to possess a firearm or the right to vote.
By definition, a violent crime is a behavior by persons, against persons or property that intentionally threatens, attempts or actually inflicts physical harm. The seriousness of the injuries to the victim(s), whether or not guns or other weapons were used and/or whether or not the alleged perpetrator has a criminal record will determine the seriousness of the charge. Most violent crimes are considered felonies and are subject to be considered a "strike" in a state that has adopted three strikes laws. Violent criminal charges can include: aggravated assault, arson, assault and battery, domestic violence, hate crimes, homicide, larceny, rape, manslaughter, mayhem and murder.
"DUI" stands for Driving under the Influence and occurs when someone is operating, or is in actual physical control, of a motor vehicle while under the influence of alcohol or other controlled substance to the extent that their mental faculties are impaired and/or their blood alcohol content (BAC) is above the legal limit. Even for a first offense, penalties can include license suspension, substantial fines, community service, mandatory attendance at a state or DMV approved alcohol program, mandatory overnight incarceration and the required installation (at the offender's expense) of a car ignition locking device. In addition, a DUI conviction stays on a DMV record for several years, it typically results in higher insurance premiums, and an offender may become ineligible for credit. Plus, a DUI could also jeopardize your employment opportunities.
High-tech professionals, corporate executives and clergy who are criminally charged for offenses such as corporate theft, counterfeiting, embezzlement, forgery, hacking, fraud, tax evasion or bad checks are often referred to as "white collar" offenders and are prosecuted for white collar crimes. In some cases, first-time offenders are convicted and sent to prison, even with no prior criminal history. An arrest and conviction for one of these crimes can have a serious impact on your life.
An Expungement of your record results in the extraction and isolation of all records on file with any court correctional facility or law enforcement agency. The records that are expunged include complaints, warrants, arrests reports, commitments, criminal history records, fingerprints and your rap sheet.
- A copy of all papers pertaining to your arrest(s);
- A copy of all court papers pertaining to the disposition of the charge(s) you want expunged; and,
- A copy of any report pertaining to the completion of any probationary or diversionary treatment program.
Delinquency is a legal term for criminal behavior carried out by a juvenile. Delinquent behavior is divided into two categories: status offenses and delinquency offenses. Status offenses are those acts which would not be considered offenses if committed by an adult, such as school truancy, running away from home, alcohol possession or use, or curfew violations. Juvenile Delinquency offenses involve destruction or theft of property, commission of violent crimes against persons, illegal weapon possession, or the possession or sale of illegal drugs.
Juvenile court is unique and should not be treated as if it were adult court for young clients. While the substantive criminal law is the same in juvenile and adult court, the procedures and sentencing law are substantially different. The consequences of a misstep by an attorney inexperienced in juvenile matters can be devastating. For example, contrary to what many parents believe, a juvenile conviction is not removed from a child's record when he or she turns 18.
In an appeal, an appellate court reviews the record of the pre-trial and trial proceedings for legal errors. The record includes the court file, the court reporter's transcript and the evidence and exhibits introduced in the trial court. In general, an appellate court does not consider information that is not contained in the record.
A post-conviction petition is the general name for what is called a "collateral attack" on a conviction. In federal court, they are called habeas corpus petitions. By using a post-conviction petition, a defendant generally can bring evidence before the reviewing court that was not part of the record on appeal, and in this way raise issues that would otherwise not be reviewed.
Internet crime is defined as any illegal activity involving one or more components of the Internet such as websites, chat rooms and/or email. Internet crime involves the use of the Internet to communicate false or fraudulent representations to consumers. These crimes may include, but are not limited to, advance-fee schemes, non-delivery of goods or services, computer hacking, phishing, pharming, programming worms, viruses or employment/business opportunity schemes.
Sex crimes can include such charges as: Child Abuse, Child Pornography, Date Rape, Failure to register (as a Sex Offender), Indecent Exposure, Internet Porn, Lewd Conduct, Marital Rape, Molestation, Obscenity, Pedophilia, Pornography, Prostitution, Rape, Sexual Abuse, Sexual Assault, Sodomy and Statutory Rape. Many sex crimes are considered felonies and require convicted defendants to continually register themselves as publicly recognized sex offenders with the local and state authorities where they live and work. Charges of sexual misconduct carry extremely serious penalties and these crimes are commonly punished more severely than any other crime except murder. Sexual misconduct is seldom witnessed by anyone other than the accuser and accused and the risk of conviction of an innocent person is drastically higher in these cases.
Drugs and Narcotics laws have tried to keep up with the changing perceptions and real dangers of substance abuse. By 1970, over 55 federal drug laws and countless state laws specified a variety of punitive measures, including life imprisonment and even the death penalty. To clarify the situation, the Comprehensive Drug Abuse Prevention and Control Act of 1970 repealed, replaced, or updated all previous federal laws concerned with narcotics and all other dangerous drugs.
Traffic crimes are specifically addressed in state statutes. The complex body of law that regulates the operation of motor vehicles on the streets and highways can be difficult to interpret and apply. Examples of traffic crimes include reckless driving, aggressive driving, drag racing, and driving with a suspended license.
Driving with a Suspended License:
Driving with a suspended or revoked license is considered a crime, and can result in heavy fines and possible jail time. At worst, it may be considered a felony, and the offender could end up in state prison or with an obligation to perform many hours of community service. The penalties are typically heaviest if the license suspension or revocation was the result of a conviction for driving under the influence of alcohol or drugs (DUI/DWI).
Driver’s License Revocation:
Typically, a driver’s license will not be revoked for one or even two traffic tickets resulting from a moving violation such as speeding, running a stoplight or stop sign. However, if the offense is extremely reckless and/or if the driver has had previous convictions for moving violations in the past, his or her license may be revoked or suspended. If the driver is charged with drunk driving, reckless driving, or is involved in a hit-and-run, the defendant’s license may be suspended for a year or more.
FIRM ADDRESS:George F. Klink, Attorney at Law
45 West Jefferson St., Suite 810
Phoenix, AZ. 85003
Telephone: 866-745-6196
Fax: 602-253-2151
FIRM MEMBERS:
George F. Klink, Attorney
EDUCATION AND EXPERIENCE:
George F. Klink received a B.A. degree from The George Washington University in 1966. Upon graduation and after completion of Officer Candidate School in Newport, Rhode Island, he served on active duty as an officer in the United States Navy. Mr. Klink achieved the rank of full Lieutenant completing his military career in 1970 as Officer-in-charge, Naval Security Group Detachment, U.S.S. Coral Sea, Aircraft Carrier CVA-43. During his military career, Mr. Klink was awarded the Navy Achievement Medal and the Gold Star in lieu of second Navy Achievement Medal for his meritorious service.
Frequently Asked Questions
The following information includes frequently asked criminal law questions. The answers stated are general in nature and are not intended to apply to every situation. Each case is different and carries its own set of circumstances which must be taken into consideration by competent legal counsel. By contacting Attorney George F. Klink at 866-745-6196, you can schedule your initial consultation regarding your specific situation.
What happens if I am arrested?
Federal Cases
If you are arrested for a violation or violations of federal law, you will, in most cases, be taken into custody by a United States Marshall or an agent from another federal agency (FBI, DEA, INS, ATF, Secret Services etc.). You will then be brought before a United States Magistrate Judge who will determine whether you will be released and under what conditions. At that time, the judge will also set your next court date.
State Cases
If you are arrested for a state offense in Maricopa County, you usually will be taken to the Madison Street Jail in downtown Phoenix to be booked. Within 24-hours of your arrival at the jail, you will appear before a judge. This jail court is in session at all hours of the day and night. The purpose of being brought before the Judge in jail court is to determine whether you can be released and, if so, under what conditions you may be released (amount of bond, own recognizance, pretrial services supervision, etc.) This is called an initial appearance.
Retaining an attorney for this initial appearance could be invaluable because it is at this time that a judge makes critical decisions regarding your freedom while the case is processed through the court system. Having a lawyer represent your interests and to act as your agent before that judge may mean the difference between remaining in jail and being released. The judge will also set your next court appearance.
What should I do if law enforcement authorities want to question me?
Every citizen, as well as non-citizens, have an absolute right not to answer questions asked by a law enforcement agent. Before you answer any questions you are well advised to consult with a lawyer. To answer questions without the advise of a lawyer can be very risky even if you believe you have done nothing wrong. Once you have consulted with a lawyer you will be able to make an informed decision about whether to answer any questions posed to you by law enforcement officials.
When should I hire a lawyer?
If you become aware that you are under investigation, the best time to hire a lawyer is before you are questioned by law enforcement officials prior to being arrested for or being charged with a crime. There are a number of services a lawyer can provide before an arrest is actually made or a charge is formally filed. This includes guidance and advice to the person who is the target of the investigation. A person under suspicion should want someone with the proper legal background and experience to guide them through the minefield of police interrogation, pre-charging investigation and possible grand jury inquisition. Sometimes, if a charge is filed, a lawyer may be able to arrange for a voluntary appearance before the court in place of the issuance and service of an arrest warrant on the accused. This would avoid the unpleasant and distasteful process of being taken into custody, possibly in front of family and friends, and then being transported to the county jail for processing.
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