Arizona Criminal Defense Attorney Blog
“The ultimate goal in defending Marijuana possession charges is case dismissal. If that can not be achieved then the next steps are to try to get the charges and sentencing reduced, and the otherwise best outcome in your case.”
If you were arrested or charged with possession of Marijuana (Cannabis, Pot) in Tempe, AZ you should consult a Marijuana Lawyer who defends and litigates Tempe Marijuana charges or frequently defends drug charges in Tempe Court. Marijuana Possession charges are the most common of all AZ drug charges. However, that does not reduce the adverse impacts, and penalties. Nor does it give cause for leniency by the Tempe Court if convicted.
Marijuana Penalties in Tempe, AZ
Penalties for possession of Marijuana in Arizona depend upon the amount of illegal substance allegedly found in your possession. Another important factor considered is what the intended purpose was for the Marijuana allegedly found. In other words the police, investigator, or prosecution want to know if it was for personal use, sales, distribution, or other some other reason.
• Under 2 lb charged = Class 6 felony;
• 2-4 lbs = Class 5 felony;
• 4 lbs. and over = Class 4 felony; fine of not less than $750 or 3 times the value of the controlled substance, whichever is greater.
If your Marijuana charges were for possession, with no intent to sell it, you may be eligible for “deferred sentencing”. This means you may be eligible for an offer of what some call the “second chance”. Not every defendant is entitled to this. The court decides if it will be offered, and determines if you qualify. Qualification is based upon the
circumstances surrounding your Marijuana Possession charges, prior criminal convictions, first time or repeat offense, and other related factors.
Deferred Sentencing requires a probationary period. If the term of probation is completed satisfactorily to the court, your charges may be dismissed. But if the probationary period and or any other related court orders during that time are violated, you could be subject to the original potential sentencing for the Marijuana possession charges. A good Tempe Marijuana Lawyer will do everything possible to obtain the deferred prosecution to get the charges dismissed.
If you do not qualify for deferred prosecution, the best Marijuana possession Lawyers who defend drug charges in Tempe, AZ will do everything possible to get your case dismissed, secure lesser charges, or in the least a significantly better outcome in your case, than would have otherwise been possible.
Arizona Marijuana Laws
Marijuana possession charges in Tempe, AZ the charges are subject to the rules of the Arizona State Laws. Marijuana classifications, and penalties are outlined under Arizona Statutes Criminal Code 13 – Specifically, A.R.S. “13-3405. Possession, use, production, sale or transportation of marijuana; classification…”
Marijuana Lawyer -Defending your Marijuana Charges
Experienced Marijuana Lawyers or Tempe criminal defense attorneys who frequently defend drug charges in Tempe Court will gather and examine the evidence. They will then determine a defense strategy, and mount a defensive case against the Tempe prosecution’s case. Your Tempe Marijuana Lawyer will make sure your constitutional rights have not been violated during any of the processes. They will determine if any of the evidence has cause to be challenged and potentially suppressed (meaning that particular evidence can not be used against you).
There are many arguments and defenses that can be used to defend Marijuana charges. An experienced litigator or good Tempe Marijuana Lawyer will know which defenses will be most effective given your particular set of circumstances. The ultimate goal in defending Marijuana possession charges is case dismissal. If that can not be achieved then the next steps are to try to get the charges and sentencing reduced, and the otherwise best outcome in your case.
If you have been charged with any Tempe Arizona Marijuana possession, sales, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, Domestic Violence, Disorderly Conduct, Disturbing the Peace charges, Domestic Violence, Assault, Aggravated felony assault, DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI, any Tempe, Arizona DUI, Tempe , Drug DUI, or any other criminal charge including theft, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Tempe AZ Criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).
The Law Office of James Novak is devoted to handling 100% DUI, Drug & criminal cases in Tempe, Chandler, Scottsdale, Gilbert, Mesa, Phoenix Arizona and surrounding areas valley-wide.
This post was intended to provide general information only and is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstance.