Legal Defender

Our Attorneys

James L. Fullin - Legal Defender

Fullin has been practicing law in Tucson since 1997, defending clients in the federal District Court for Arizona as well as tribal, state and municipal courts. He serves as Chair of the Tucson City Magistrate Merit Selection Panel as a Pima County Bar Association representative. Fullin has been interviewed by local news reporters on criminal law issues and appeared in an episode of A&E’s After the First 48 Hours. He graduated with honors from the University of Wisconsin Law School. Fullin was appointed as the Legal Defender in March 2018.

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Felony Trial Team 1

Anne Elsberry - Felony Trial Team 1 Supervisor

Anne came to Tucson in 1993 to attend the University of Arizona College of Law. Anne earned her bachelor’s degree at Pomona College and her juris doctor, cum laude, from the University of Arizona in 1996. After law school she served as a law clerk to Chief Justice Stanley Feldman at the Arizona Supreme court and later as career law clerk to the late District Court Judge William Browning. After twelve years in private practice focusing on criminal defense, appeals and family law, she joined the Legal Defenders Office in 2017.

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Kristine Alger

Kristine Maria Alger received her Bachelor of Science in Psychology and double-majored in Sociology at the University of Mary Washington in Fredericksburg, VA.  After working as an Applied Behavioral Analysis technician for a year, she left Virginia to attend law school at the University of Arizona.  During law school she participated in the National ABA Moot Court program, the Immigration Law Clinic and the Civil Rights Restoration Clinic.  She earned her Juris Doctor in 2014 and went on to clerk for the Honorable Joan L. Wagener at the Pima County Superior Court, Juvenile Division.  Kristine joined the Legal Defender’s Office in 2015 and considers it her privilege to represent members of the Pima County community who are indigent.

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Stephanie Ryan

Stephanie graduated from the University of Arizona College of Law in 2013 and joined the Legal Defender’s Office in 2014.  She began her practice with Aggravated DUI cases and now represents clients with all types of felony charges.  Stephanie was born and raised in South Carolina, and proudly cheers for her Clemson Tigers every weekend.  She is also the secretary for the Pima County Bar Association Young Lawyer’s Division and serves on the organizational team for the Superior Court’s annual Law Day for high school students.

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Molly Fox

Molly graduated from the University of Arizona College of Law in 2015. During law school, she worked as a law clerk and 38(d) intern for the Pima County Public Defender’s Office, trying two cases to jury. After graduating with honors, Molly clerked for the Honorable Samuel A. Thumma in the Arizona Court of Appeals, Div. 1. She finished her clerkship in 2016 and immediately joined the Legal Defender’s Office.

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Michelle Bowen

Michelle Bowen began her public service in the United States Air Force. She earned her Juris Doctorate from the University of Arizona College of Law in 2015. During law school, Michelle worked as a student-lawyer for Pima County Public Defender’s Office where she gained jury trial experience. Additionally, in law school, Michelle worked at the Veterans’ Advocacy Law Clinic representing veterans in both Tucson City Court and Pima County Justice Court. After graduation, she served as law clerk and bailiff for the Honorable Carmine Cornelio at the Pima County Superior Court. Michelle joined the Legal Defender’s Office in 2016. Michelle has continued her work with the Veterans’ Advocacy Law Clinic as an advisor and mentor for the law students and is a member of the Arizona Women Lawyer’s Association.

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Dmitry Kashtelyan

Private practice 2010-2012.  Attorney at the Legal Defender's Office from 2012 to present.  Practical experience as a court-certified law student in Oregon (similar to a 38(d) here) and also worked for the Public Defender's Office as a law clerk.  Educated at Lewis and Clark in Portland, OR.  

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Jeff Kautenburger

Jeff graduated from the University of Arizona College of Law in 2009.  He then served as the law clerk and bailiff to the Honorable Stephen Villarreal at the Pima County Superior Court until 2011.  In May of 2011 he accepted his current attorney position with the Pima County Legal Defender’s Office.

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Ben Griem

Ben graduated with a BA in Psychology from the University of Arizona in 2008, and obtained his JD from the University of Arizona College of Law in 2011.  He has been licensed as an attorney in Arizona since September 2012 and Colorado since September 2013.  Before working for the Legal Defender, Ben was a law clerk and bailiff for Judge Fell for several years. Ben teaches trial advocacy to various high school, college, and law school students.

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Nancy Arce

Graduate of the University of Arizona College of Law, 2011; Arizona State University, B.S., 2008; admitted to the State Bar of Arizona, 2013; Judicial Extern to Honorable Christopher Browning, Pima County Superior Court, 2009; practical experience as Law Clerk, 2011-2012 and Lead Law Clerk, 2012-2014 in the Law Offices of the Pima County Public Defender; Defense Attorney in the Law Offices of the Pima County Public Defender since 2014.

Languages: Spanish

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Kara Rooney

Graduate of the University of Arizona James E. College of Law, 2013; Judicial Law Clerk to the Honorable Douglas Metcalf, Pima County Superior Court, 2014-2015; Defense attorney with the Law Offices of the Pima County Legal Defender since 2015.

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Benjamin Mendola

Ben Mendola received a Bachelor of Science degree in Business Administration from the University of Arizona Eller College of Management in 2000.  He earned his Juris Doctorate from the University of Arizona College of Law in 2003.  He served as the law clerk and bailiff for the Honorable Michael Cruikshank at the Pima County Superior Court in 2004-2005. He then served four years as assistant corporate counsel for a large investment management firm and seven years as a Deputy County Attorney with the Pima County Attorney’s Office. Mr. Mendola specializes in fraud cases and currently holds the designation of Certified Fraud Examiner with the Association of Certified Fraud Examiners.

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Matt Messmer

 

Graduate of the University of Arizona James E. Rogers  College of Law, 2001, cum laude; University of Arizona, B.A. 1998, summa cum laude; admitted to the State Bar of Arizona, 2001; practical experience as a Law Clerk, Pima County Public Defender, 1999-2000; practical experience as a Rule 38(d) attorney in the University of Arizona Law College Child Advocacy Clinic, 2001; Defense Attorney in the Law Offices of the Pima County Public Defender, 2001-2020; Defense Attorney in the Law Offices of the Pima County Legal Defender since 2020.

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Esmeralda Gaxiola

 

Esmeralda is a Tucson native. She graduated with a BA in Political Science from the University of Arizona in 2010 and obtained her JD from Arizona Summit Law School in 2014. While in law school she was an extern at the Pima County Public Defender’s office and the Maricopa County Public Defender’s office. Esmeralda was a Judicial extern to Honorable Bruce Cohen in the Rule 32 unit. She also worked at a private criminal defense/immigration firm. Admitted to the State Bar of Arizona in 2014, Esmeralda joined the Maricopa County Public Defender’s office in 2015-2020. As a Public Defender she handled a wide range of felony cases and tried several felony cases. She also served as an attorney mentor where she helped train new attorneys.  Esmeralda joined the Pima County Legal Defender’s office in 2020.  

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Felony Trial Team 2

Vince Frey - Felony Trial Team 2 Supervisor

Vincent Frey graduated from Arizona State University in 1983 with a  Bachelor of Science in Business Administration.  He received his law degree from the University of Arizona in 1987.  He began working as a public defender in Cochise County in 1991, and served as the Chief Public Defender for Cochise County from 1994 to 1997.   Vince Joined the Pima County Legal Defender’s Office in 2010.

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Chris Kaplan

Court appointed cases fall under the following categories:

• Felony Offense:

  A serious criminal charge that is potentially punishable by a sentence that may range from a year in the state department of corrections up to the imposition of the death penalty, and involve fines up to $150,000 plus surcharges.

• Appeals/Post-Conviction Relief Proceedings:

  If a jury finds that the defendant is guilty of an offense, the defendant is entitled to a direct appeal, which is brought before the Court of Appeals to review for error. A defendant who had a direct appeal is also entitled to appointed counsel for a Post-Conviction Relief proceeding. A defendant who accepts a plea is only entitled to appointed counsel for two Post-Conviction Relief proceedings.

• Extradition Proceedings:

  When another state seeks the custody of a person currently in Arizona, the other state must obtain that custody through the Extradition process in which the person is entitled to appointed counsel. The Legal Defender’s Office handles nearly all Extradition proceedings in Pima County. If the person is being supervised under the Interstate Compact, he or she is not entitled to appointed counsel.

• Probation Revocations:

  If a judge has given the defendant probation instead of prison as punishment for committing an offense, and if the probation officer files a paper in court alleging that the defendant has violated a probation condition, the defendant is entitled to appointed counsel at all proceedings seeking to take away probation, change a condition of that probation, or at a re-sentencing (called a disposition) if the judge finds, or the defendant admits, a violation of probation.

Does the Legal Defender’s Office handle matters other than criminal cases?

How do I retain the services of an Assistant Legal Defender?

What if I am not a resident of Pima County, or not a U.S. citizen?

What is the difference between an Assistant Legal Defender and an attorney in the private sector?

What kind of value do your clients receive?

Can we answer "quick" legal questions?

Can we recommend an attorney?

What happens in the court process?

Probation

Probation is not a reward.  Probation is an opportunity.  Your time (and your life) is not your own. 

The only people who usually get probation are people who have never been convicted of a felony.   If you are on probation and you had prior convictions, be glad that you now have the opportunity to avoid prison.

The idea behind probation is to give you structure so you can stay out of trouble and learn how to stay out of trouble after you get off probation.  That is why people on probation, for example, are not allowed to hang out with other people on probation, are not allowed to drink alcohol, and need to check in with their Probation Officers (POs) regularly.

You must follow probation rules because while you are on probation, your time (and your life) is not your own.  When you are on probation, it may seem like your life is back to normal because you can eat at your favorite fast-food place or hang-out with your family, but the Pima County Adult Probation Department and the Pima County Superior Court judge who imposed your probation keep track of your time and what you do “on the outside.”

Probation is a shock, and it’s hard.

For most people, being on probation is a shock.  Every time you fail to follow the rules, that means you have violated a probation condition.  We’ll get to that later. 

Not only are the rules a shock, but you may not get along with your PO because every PO is different.  Some POs approach their job in an easy-going manner.  Other POs are strict.  Both types of POs and every type in-between are truly and really trying to help you even when it seems that they are “against” you.  

Probation is hard.  It is punishment.  It’s not as harsh as going to prison or jail, but it is designed to help you “work on getting better,” whatever that may mean in your particular situation, such as getting a job, getting your high school diploma or GED, or simply showing your PO that you can follow the rules. 

You can succeed, you can make it.

You can succeed on probation.  You can succeed on probation even when you have a probation officer you don’t like (you just have to try harder).  

You can succeed by following through with all probation rules and conditions:  report on time and in person; make sure to give your probation officer notice when there’s an emergency; report law enforcement contacts; follow all other lawful rules and orders given by your PO.  If you show your PO that you are serious about making the effort to follow the rules, even if those rules seem stupid to you, you will gain some respect from PO.

Prison is the only other option.

Probation is the one alternative to prison that is available in Superior Court.  There is no house arrest, there is no ankle monitoring (at least for now), and there is no community service substitute (although community service is usually a part of probation).  In other words, if you don’t want to do probation, you go to prison.  Keep that in mind the next time you are struggling to do what your PO is telling you to do, because your PO is certainly thinking about preparing what's called a "petition to revoke probation"  (see more about this below) if you don’t do what they say.  No matter how bad things seem on probation, probation is probably way better than prison.

Getting along with your PO.

Think of your PO as the most important boss you have ever had.  If you’ve never had a boss, then now you do.  

If your PO is not happy with your attitude or your compliance (following the rules), they have the authority to make more rules that you must follow. You, of course, hold the power to follow those rules. 

Remember, the POs are trying to help you.  You need to help them help you.  They can't do it all--they need you to partner with them in your success. 

POs do not owe their probationers any favors or slack.  In fact, some POs from the probationer's perspective, appear to give their probationers a really hard time—sort of like a military drill sergeant might. POs have the authority to do this (give you more rules you must follow), but no authority to ask you to do anything illegal. If you think that is happening, you should contact your lawyer immediately.

Here is an example: Outside of the PO-probationer relationship, it would be completely inappropriate for anyone to show up to someone’s house at 2 a.m., come inside, and look through the person’s dresser drawers and kitchen cabinets to see if the person is hiding drugs or alcohol.  And yet, that is exactly what POs and SOs (Surveillance Officers) are expected to do with their probationers.  Don’t make the mistake of looking at your relationship with your PO through the same lens or by the same standards as the rest of your relationships.  

Repeat the following to yourself whenever you feel your PO is just not giving you respect: “I will earn my PO’s respect!”  If you show your PO that you do what you are told and stay out of trouble, eventually your PO will back off and you will be stepped down to a lower supervision level until eventually you can finish off probation on unsupervised probation.  If you are determined to stay out of prison, do what your PO requires of you and they will respect you for it. 

Seek help from your attorney before problems with your PO end up with you sitting in jail.

You are not alone on probation; your lawyer can help when things just seem completely unfair.  

Although by the time you are on probation the case is officially over, your lawyer still can play a role to counsel you about things that relate directly to the case.  How probation is going is something that relates directly to the case. 

If you are having trouble with probation or you feel that the PO is requiring things of you that are not appropriate or too extreme, contact your lawyer.  Your lawyer can discuss the details with you and figure out what the right thing to do is.  You and your lawyer might figure out either that (1) what you are feeling is simply the stress and anxiety that probationers are expected to experience while on probation, or (2) there are actually places where you need to step up your performance, or in rare circumstances, (3) your PO is doing inappropriate things with your supervision that need to be brought to the Court’s attention. 

Don’t make decisions about your probation without speaking with your lawyer first! Just disappearing and falling out of touch with your PO is a sure-fire way to end up in jail and on your way to prison.  Most people can’t tell on their own why they are having a hard time with  probation, but your lawyer may be able to give you ideas about how to succeed—whether it’s a letter or phone call to the PO, a motion to the Court, or just some insight into the situation, your lawyer can help you. 

Getting off probation.

In Pima County, a probationer can usually only qualify for early termination of probation if he or she has paid off all fines and fees.  Until all fines and fees have been paid off, it will be difficult to end your probation supervision.  In fact, probation can be extended if you have fines, fees, restitution, and other court-ordered financial obligations that haven’t been paid. 

In contrast, if you have paid off all of your fines and fees, call your lawyer and ask them to file a motion to terminate probation for you.  The first step is to contact your lawyer and he or she will then tell you what to do next. 

Undesignated offenses.

In Arizona, class 6 felonies are undesignated until a Court designates them as felonies or if the conviction is the result of a plea agreement that requires that the offense be designated as a felony.  What this means is that an undesignated class 6 felony conviction can be turned into a misdemeanor conviction.  Until that happens, however, the conviction is treated as a felony conviction.  

Designation as a misdemeanor is NOT automatic.  

If you never ask the Court to designate an undesignated offense as a misdemeanor, it will never stop being a felony.  Most judges will not designate a class 6 offense as a misdemeanor until the person has completed probation; however, there may be reasons a judge would be willing to do an earlier designation.  If you have questions about that, call your lawyer.  

Picking up a new offense while you have an undesignated class 6 felony on your record means that it will likely be a felony forever.  Don’t delay asking the Court for the misdemeanor. 

You can ask the Court for the designation as a misdemeanor yourself (there are forms available in the Pima County Superior Court Clerk’s office for people to use) or you can ask your lawyer to help you.  Your lawyer will be able to tell you some of the factors that will determine whether the Court is likely or not likely to designate your offense a misdemeanor. 

Petitions to revoke probation.

If you mess-up on probation, your PO will file a “petition to revoke” your probation.  Petitions to revoke are pleadings filed in Court before the judge who sentenced you.  The petition will contain various allegations, such as you drank alcohol, or you didn't get permission before you moved, or you weren't where you were supposed to be on your pre-arranged schedule.  99% of the time, you will be arrested and taken into custody on the petition to revoke probation.  At your initial appearance on the petition to revoke probation, you have three choices:  Admit, Deny, Decide What to Do Later. 

If you admit one or more “allegations” (such as:  you were not where you were supposed to be on your Intensive Probation Supervision schedule, you failed to show-up in person to the PO’s office, or you failed to go to counseling), then the judge will set a disposition hearing (like a second sentencing hearing) in approximately 20 days.  The judge will usually have every sentencing option open, including putting you back on probation.  You will likely remain in custody while waiting for your disposition.

Option 2, Deny, means that you deny that you violated the alleged probation conditions the PO is saying you violated in the petition to revoke.  The judge will then set a Violation Hearing where the state must prove, by a preponderance of the evidence, that you committed one of more of the alleged probation violations.  “By a preponderance of the evidence” means that it is more likely than not that you violated your probation.  It is a much lower standard than “proof beyond a reasonable doubt.”  If the judge finds that you violated one or more of the probation conditions, the judge will set a Disposition hearing within 20 days after the Violation Hearing.  If the judge finds that you did not violate any probation condition, then the judge will put you back on probation. 

Option 3, Delay, means that the judge will set another hearing for you in several days at which you can then decide whether you want to Admit or Deny. 

Under all three options, you will almost always remain in custody. 

Understand Your Legal Rights

What to do if you are stopped by the police:

• Be calm. Don't Panic. Don't run.
• Don't hit or resist the police.
• Be courteous. Getting smart just makes things worse.
• Show the police your identification, when asked, or give your name, age, and address. Never lie about these facts.
• You need not say anything else. Anything else you do or say can be used against you in court.

When stopped in your car by the police:

• Show your identification or give your name, age, address, car registration, and insurance documentation when asked.
• You do not need to answer any other questions.
• If the police want to search the vehicle you have the right to refuse the search. If they begin to search without your permission, do not attempt to stop them.

What to do when you are arrested:

• The police can use force if you resist arrest even if you are innocent of any crime. Don't fight being arrested!
• If the police ask to search you, tell them you are not consenting to a search. You have a right to request not to be searched, but do not try to stop the search.
• Advise the police that you want to remain silent until you have spoken to a lawyer (and/or your parents if you are a minor). Do not make any verbal and/or sign any written statements to the police before speaking to an attorney.
• If you cannot afford to pay for a lawyer, you may have the right to a free lawyer.

What to do when you are taken to the police station:

• If you are not free to leave, ask to call a lawyer or your parents if you are a minor. You have the right to make a telephone call.
• Remember at all these times, except when asked to identify yourself, you have the right:
  1. To remain silent.
  2. To have a lawyer and or your parents (if you are a minor) present.

Employment

Our office is committed to providing the highest quality legal representation for our clients. Confidentiality, courtesy and understanding in relationships with our clients, coworkers, and the courts are a major part of our service.

• Employment with the Office of the Legal Defender

Legal Resources in Pima County

• Pima County Public Defender
• Pima County Office of Court Appointed Counsel
• Pima County Superior Court
• Pima County Justice Court
• Pima County Juvenile Court
• Pima County Clerk of the Superior Court
• Pima County Public Fiduciary
• City of Tucson Legal Information
• Wm. E. Morris Institute for Justice