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
George F. Klink has practiced in the United States Court of Appeals for the Ninth Circuit, United States District Court for the District of Arizona, Maricopa County Superior Court, as well as the Superior Courts of outstanding counties in Arizona, Phoenix Municipal Court, as well as city and justice courts throughout the State of Arizona. Among the cities in Maricopa County in which Attorney Klink has represented clients in criminal cases are Phoenix, Mesa, Tempe, Glendale, Goodyear, Avondale, Wickenburg, Chandler, Scottsdale, Paradise Valley, Cave Creek, Fountain Hills, and Carefree. The practice of criminal law in these city courts generally involves misdemeanors such as DUI, prostitution, domestic violence, misdemeanor assaults, shoplifting and violations of traffic laws.
If you or someone you know needs the assistance of an experienced Phoenix criminal defense lawyer, please contact Attorney George F. Klink today at 866-745-6196, or complete the contact form provided on this site to schedule your initial consultation.
Practice Areas and Legal Definitions
Fraud:
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.
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:
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.
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:
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.
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.
Misdemeanors:
Misdemeanors are more serious than petty offenses, but much less serious than felonies. Misdemeanors typically result in imposition of such punishments as a fine or a jail sentence not exceeding a year. If a jail sentence is imposed, it is served at a local, city or county jail rather than a state or federal prison (penitentiary). In many jurisdictions and in certain types of cases defendants who can't afford an attorney are not entitled to a court-appointed attorney in a misdemeanor case. Unlike felonies, misdemeanors are usually handled by special courts with abbreviated procedures, such as a city court or municipal court.
Serious Violent Crimes and Murder:
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.
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.
One of the most serious areas of violent crime is homicide - killing a person, whether lawfully or unlawfully. Justifiable homicide and excusable homicide are lawful homicides, while criminal homicide, negligent homicide, reckless homicide and vehicular homicide are unlawful homicides. Unlawful homicide comprises the two crimes of murder and manslaughter.
DUI/Driving Under the Influence:
"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.
"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.
However, if someone was injured as a result of the drunken driving accident, it is possible the defendant will be charged with a felony (and if the victim dies, the driver may be charged with vehicular manslaughter). Further, a DUI conviction will likely be raised to a felony if it is the driver's fourth DUI offense or the driver has had a prior felony DUI offense within 10 years of the new charge.
White Collar Crimes:
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.
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.
Criminal Law are laws established by Congress and state legislators that make certain behavior among citizens illegal and punishable by fines and/or imprisonment. In order to be found guilty of a criminal law, the prosecution must prove beyond a reasonable doubt that the defendant engaged in criminal activity that was intentional and deliberate.
When a society and its government deem that certain behavior or conduct is dangerous to citizens, or collectively damaging to society, such conduct is labeled a "crime" and is made punishable by sanctions, such as fines and imprisonment. Most crimes are identified in statutes that have been enacted by federal, state, and local government legislatures, in response to issues that affect the jurisdiction. Criminal statutes describe the type of conduct that has been deemed a crime, the mindset or intent required, and in some instances, the proper punishment.
Expungement Motions:
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.
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.
Contrary to popular belief, your record is not automatically cleared or expunged with the passage of time. Even if you were never found guilty, an arrest is not expunged unless a court grants your Expungement petition. State statutes impose application guidelines and waiting periods for various types of arrests and convictions. The guidelines provide instruction for what can be expunged and set forth certain specific types of offenses that cannot. The guidelines also impose waiting periods that are calculated from the completion of the sentence imposed by the court.
It is important to note that an Expungement does not destroy records; it extracts and isolates the records. Under most circumstances, once an Expungement has been granted those records cannot be disclosed. A person who has been granted an Expungement can respond that he or she has no conviction when asked a question about having a criminal record. Exceptions to this rule include a person seeking a second Expungement, a person seeking a conditional discharge, and a person seeking to obtain employment in law enforcement.
What to bring to a consultation:
- 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.
Juvenile Delinquency:
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.
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:
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.
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.
Despite the rehabilitative focus of juvenile court, juvenile convictions are counted as criminal history in future cases. They also remain on state criminal records databases and may affect a young person's ability to enter college, obtain employment, financial aid, a driver's license or join the military. Additionally, juvenile convictions can result in commitment to a juvenile detention facility or institution for periods ranging from days to months and even years. Worse, in some cases, a child may end up being prosecuted in adult court where the punishment is even more severe.
Appellate and Post Conviction:
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.
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:
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.
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:
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.
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 Charges:
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.
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.
Most states have laws that give different treatment to possession of different categories of drugs (i.e. prescription drugs, marijuana, crystal methamphetamine), and also make a distinction in the offense charged as to whether a small amount of the drug was found with the defendant (personal use) or a larger amount (intent to sell or distribute, trafficking). A conviction on a drug charge of any magnitude, even a small amount of marijuana, can seriously affect your present and future employment chances, your education, your reputation and your freedom.
Traffic Crimes:
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.
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.
If you or someone you know needs the assistance of an experienced Phoenix criminal defense lawyer, please contact Attorney George F. Klink today at 866-745-6196, or complete the contact form provided on this site to schedule your initial consultation.
Professional Profile
If you or someone you know needs the assistance of an experienced Phoenix criminal defense lawyer, please contact Attorney George F. Klink today at 866-745-6196, or complete the contact form provided on this site to schedule your initial consultation.
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.
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.
After completion of his naval service, Mr. Klink received his degree of Juris Doctor from the College of Law at Arizona State University in Tempe, Arizona in 1973. Following graduation, he became a bailiff for the Honorable Warren McCarthy, Senior Judge of the Maricopa County Superior Court, Phoenix, Arizona. In 1975, Attorney Klink left the Court and opened his criminal law practice in downtown Phoenix, Arizona near the courthouse and the county jail.
PROFESSIONAL MEMBERSHIPS:
Attorney Klink is a member of the State Bar of Arizona and, as such, is authorized to practice law in all courts of the State, including the State Supreme Court and Court of Appeals. Mr. Klink is also admitted to practice in the Ninth Circuit Court of Appeals and the United States District Court of Arizona.
Mr. Klink is a member of the National Association of Criminal Defense Lawyers, The Association of Trial Lawyers of America, The American Bar Association - Criminal Law Section, State Bar of Arizona and Maricopa County Bar Association.
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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Additional Questions or need further information?
George F. Klink
George F. Klink, Attorney at Law
45 West Jefferson St., Suite 810
Phoenix, AZ 85003
Telephone: 866-745-6196
Fax: 602-253-2151
