Arizona Criminal Defense Attorney Blog
Arizona Marijuana Lawyer
“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 for possession of Marijuana (Cannabis, Pot) in Arizona you should consult a Marijuana Lawyer who defends and litigates Arizona Marijuana charges or frequently defends drug charges throughout Arizona Courts. 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 Arizona Courts, prosecution and judges if convicted.
Marijuana Penalties in Arizona
Penalties for possession of Marijuana in Arizona depend upon the amount of illegal substance allegedly found in your possession. Another important factor considered in determination of penalties is “intended purpose” was for the Marijuana allegedly found in your possession for example, personal use vs. sale.
• 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 sentencing for the Marijuana charges. A good AZ 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 Arizona, 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
Whether you were arrested and charged with Marijuana possession in Tempe AZ, Chandler AZ Scottsdale AZ, Gilbert AZ, Mesa AZ, Phoenix AZ, Maricopa County or any city in Arizona for that matter, Marijuana possession 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 AZ criminal defense attorneys who frequently defend drug charges in Arizona Courts will gather and examine the evidence. They will determine based on the facts, evidence or lack thereof, an effective defense strategy. Then they will mount your defensive against the Arizona prosecution’s case. Your AZ 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.
Many types of evidence can be challenged, arguments can be made and defenses can be used to defend your Marijuana charges. An experienced litigator or good AZ 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.