Clay Hernandez

Born and raised in El Paso, Texas, Clay Hernandez grew up along the border and is a fluent Spanish-speaker. Clay has been a criminal defense attorney for more than three decades and has earned an excellent reputation as one of the top criminal defense attorneys in the Southwest. Clay represents clients in all kinds of cases, and specializes in drug trafficking offenses. He has successfully represented clients throughout Arizona, as well as state and federal courts nationwide. As of 2018, Clay has represented clients in cases in California, Colorado, Utah, Wyoming, Illinois, New Mexico, South Dakota, Idaho, Iowa, Texas, Oklahoma, Arkansas, Oregon, Missouri, Tennessee, Ohio, Michigan, Kentucky, Pennsylvania, and New York. Many of his cases have been featured in the national news media, including CNN, Fox News, ABC, NBC, Univision, the New York Times, and numerous other news outlets and magazines throughout the United States.

Clay is known for dedication to his clients and his zealous advocacy in his cases. He has been recognized by Best Lawyers in America and is featured as a Top Tucson Lawyer by Tucson Lifestyle Magazine. As one of the nation’s premier trial lawyers, he has handled thousands of cases, offering his clients complete and vigorous representation in high-stakes matters. His decades of experience have earned him his reputation for diligence, attention to detail, innovation, evocative motion practice, and successful outcomes at trial.

EDUCATION:

Arizona State University, B.S. Criminal Justice, 1981
University of Arizona, J.D., 1986

LICENSED:

Arizona, 1986
Texas, 1991 (inactive)
United States Court of Appeals for the Ninth Circuit, 1993
United States District Court, District of Arizona, 1986

PRO HAC VICE:

United States District Court, E.D.Mich., 2008
United States District Court, E.D.N.Y., 2008
United States District Court, N.D.Ohio, 2008
United States District Court, S.D.Ill., 2009
United States District Court, S.D.Cal., 2012
United States District Court, N.D.Tex., 2014

*Also admitted pro hac vice in state and/or federal cases in Arkansas, California, Colorado, Kentucky, Oklahoma, Oregon, Pennsylvania, Tennessee, Texas, Iowa, Texas, South Dakota, Wyoming, Illinois, and Utah.

PUBLISHED CASES:

Mallotte v. Miller, 162 Ariz. 239, 782 P.2d 715 (App.1989)
United States v. Melvis-Henry, 815 F.Supp. 335 (D.Ariz.,1993)
United States v. Gaytan, 115 F.3d 737 (9th Cir., 1997)
United States v. Leon-Reyes, 117 F.3d 816 (9th Cir. 1999)
State v. Crowley, 202 Ariz. 80, 41 P.3d 618 (App. 2002)
State v. Monaco, 207 Ariz. 75, 83 P.3d 553 (App. 2004)

ACTIVITIES:

Guest Lecturer, “Legal Ethics for the Criminal Practitioner” University of Arizona Law School, 2006-2013
Member, Arizona State Bar Association, Committee on Criminal Law Specialization, 1995-1998
Vice President, Arizona Attorneys for Criminal Justice, 1996
Member, United States Magistrate Judge Selection Committee, 1997 & 2013

MEMBERSHIP:

National Association of Criminal Defense Attorneys
Arizona Attorneys for Criminal Justice
American Civil Liberties Union
Aircraft Owners and Pilots Association
International Comanche Society
Trout Unlimited
Ducks Unlimited
National Wild Turkey Federation

PROFESSIONAL RECOGNITION AND AWARDS:

Top Tucson Attorney, Tucson Lifestyle Magazine
The Best Lawyers in America, Criminal Law
Best Law Firms by U.S. News & World Report
Southwest SuperLawyers, Criminal Defense

Client Testimonials

Clay Hernandez and Josh Hamilton are some of the most competent Lawyers I have ever had the pleasure of working with. They are dedicated, hard working and honest! They are some of the top Lawyers in the legal community and you couldn't have a better legal team on your side!

Lacee

To say that Josh Hamilton saved my life would be an understatement. Facing an incredibly ugly situation, I shopped around for an attorney for a while until I came across Mr. Hamilton. From day one I knew I had found the representation I needed. Josh fought tooth and nail for me and got me the best outcome, considering the dire straits I was in. His staff is incredibly helpful and friendly and Josh's ability and knowledge of the law is second to none. I could not see myself facing a hell like this again with anyone else at my side. A simple "thank you" will never be enough for all that Josh and the staff of Hernandez and Hamilton did for me.

Ox Inator

If you need a criminal defense lawyer then Josh Hamilton is definitely your guy!! Not only is he beyond brilliant.. and amazing at what he does! But he is a very caring and compassionate person. I highly recommend him!! He worked very hard on my case and got it dropped!!

Racquel Vera

The absolute 100% best. I cannot stress how much I appreciate and how grateful i am for Josh and Carol. They took up my brothers case in 2018 and never left him since. Their work is excellent and speaks volume. The complexity of the case will have anybody fearful and doubtful but not them. Right from the start they maintained a positive vibe and their professionalism is exceptional. I am so happy i found them back when me and my sister in law were googling appellate lawyers. If i could hug them now i would. My brother was released two days ago and even though the case is not done i am pretty sure the end results will be a good one. God appointed the right lawyers and they are not in it for the money they truly are genuine in fighting for victory and they know what happened to my brothers were not right and they fought tooth and nail and for that i just want to say thank you from the bottom of my heart. Grateful forever and ever!

King Black

I had a potential federal case come before me in my work environment. I called and they were so willing to work with me on getting into an in person consultation even though I was 2 hours away. We spoke on the phone, and then had a meeting I specifically spoke with Clay. He was knowledgeable and had a defense prepared before I even left the consultation. With everything still being in process, all I can tell you, based on my experience with him, he will fight until the end and he won't give up!

Cynthia Bass

Hernandez & Hamilton are top-notch attorneys. In hindsight I would NOT have considered hiring any other attorney to take care of my legal matters. Hernandez even traveled out of state to represent me over 2000 miles away, in Ohio, IN THE WINTER. :) Thank you for all you have done for me and my family!!!

Kari Turner

The best thing about this law office is their dedication. Josh never stopped working for us, never stopped believing that there would be a great outcome and even when it looked like all hope was lost, he kept working until we got the outcome we were looking for. I would recommend this office to anyone looking for an attorney. If they believe they can help, they will!!

Sarah Tecco

I contacted Mr. Hamilton regarding a case involving my brother. From the moment we spoke on the phone, he made feel like we were in the right hands. We discussed the case, went over the pro´s and con´s reaching a desicion to move fwd with the case. Mr. Hamilton is extremely well prepared and very knowledgagle. My brother got a very long punishment that was not justified and because of his commitment to the case and his great team effort, they got my brother a reduced sentence to time served. Now, thanks to Mr. Hamilton and his team, my brother is able to reunite with his three kids and his brothers. We are for ever thankful for your hard work and commitment. Thank you for believing in whats right! Blessings from our entire family.

Eghector

Josh Hamilton is top-notch: knowledgeable, accessible, hard-working and honest. No better lawyer in town.

Jeff Welter

I highly recommend Josh Hamilton to resolve your legal issues.The staff at Hernandez and Hamilton were very professional and friendly.Thank you Josh,Julie, Roni, and Olivia for everything that you all did for us. Have a wonderful holiday season and a prosperous new year..

Gillbert Encinas

I have owned a private investigation company in Arizona for a quarter century and worked with both of these lawyers for many years. These attorneys are honest, extremely competent, and truly care about their clients. Both are exceptional advocates.

Randy Downer

Josh is one of the best lawyers out there. He has helped me in multiple situations and has gotten me off every time. He’s professional about everything and I highly recommend him.

Timothy Marshall

I needed the best attorney in town and Josh did not let me down. If you want an aggressive pro-active team representing you, this is the outfit to go with. Best in class.

Organic BTI

I hired Hernandez & Hamilton to take care of a friend who had a bit of a tough situation. They took care of him easily and kept the cops honest. Very happy.

Danton Foster

Best lawyer in town. Josh and everyone else working with him at his law office go beyond to help you every step of the way. I would highly recommend for your criminal defense attorney.

Martin Lopez

Fantastic work by Josh and his team, they are very professional. Thank you for your help in our case. You and your team managed to get my brother released on the spot and cleared of all charges.

Eftimi Etzoglou

If you want the best of the best? Look no further because Clay and Josh are definitely it. HANDS DOWN.

Amanda Wade-Mcmickle

I can't thank Josh Hamilton enough and his team for what they did for our family to give us peace knowing that we got the best law firm the best lawyer and the out come was amazing thank you for all your knowledge your hard work your dedication once again thank you Josh and your team.

Alley Prudhomme

Excellent firm with outstanding attorneys and staff. They work extremely hard and get amazing results for their clients.

Adam dippel

This legal team is at the top of their game when it comes to representation and dedication. Truly a 5 Star law firm from beginning to end.

Mary Domoto-Hill

Mr. Hamilton is an absolute beast and he handled my problem like a Sunday drive. Absolutely the best attorney anywhere.period. thank you again Mr. Hamilton. Five stars across the board.

James Stewart