Arizona Drug Laws | Arizona Drug Defenses

“If you were arrested for illegal drugs possession in Arizona, it does not mean you are guilty as charged and convicted…There are many defenses for drug possession charges that a qualified Arizona drug defense attorney can use… to get your charges dismissed, reduced, or a good outcome in your case.”

Whether you were charged with drug possession in Phoenix, Mesa, Tempe, Gilbert, Scottsdale, Chandler or any other City in Arizona, the same laws will apply and are cited in A.R.S. Title 13 Chapter 34: DRUG OFFENSES 13-3401 to 13-3461.

If you were arrested for illegal drugs possession in Arizona, it does not mean you are guilty as charged and convicted. There are many defenses that can be used by a good Arizona Criminal Defense Attorney or Drug defense, to work to get your charges dismissed, reduced, or a good outcome in your case. They will know how to use the laws and the Criminal Justice system in your favor.

Drug Possession Defenses in Arizona
The best Arizona Criminal Attorneys know how to use the Arizona drug laws in your favor. For example, “knowledge”, and whether or not you “knowingly” possessed a drug is a factor that needs to exist in order for the prosecution and court to convict you of Arizona Drug Charges. This law is referenced in Arizona State Drug Law: “A.R.S. Title 13 Chapter 34 “13-3405. Possession, use, production, sale or transportation of marijuana; classification
A. A person shall not knowingly: (emphasis added)

1. Possess or use marijuana…” (Cited in part from

A good criminal defense attorney in Arizona or AZ drug defense attorney may be able to provide compelling arguments and facts that indicate you were not aware of the drugs allegedly found in your possession, which could lead to a dismissal of your Arizona drug charges.

There are many defenses for drug possession case that a qualified Arizona drug defense attorney can use. Below are some examples (not all inclusive):
• Violations of your constitutional rights,
• Challenge of the alleged quantity of the drug found in your possession;
• Existence of “Entrapment: issues;
• No “probable cause for arrest”;
• Police did not follow required protocol and procedures of your arrest;
• Storage, transport of the evidence was mishandled;
• Search and seizure was unlawful in your case;
• You were not allowed access to a drug defense attorney within a reasonable amount of time.
• You were not allowed presentation of exculpatory evidence (evidence in your favor).
• The vehicle that the drugs for which the drugs were found was not yours. You had permissively borrowed it from a friend.
• You live with others or another person and share common areas. The drugs were found in a common area; with no proof the drugs were yours.

A note of caution, it is very risky and could harm you case for you to attempt to utilize these defenses without legal representation of an experienced Arizona criminal Attorney. First the Arizona criminal justice system, court protocol, and the laws are very complex. Next, you may unknowingly and unintentionally incriminate yourself further either verbally or in writing. An Effective Drug defense requires the representation of a highly skilled, qualified and experienced Arizona criminal attorney or drug defense Attorney. You have a constitutional right to remain silent and to obtain good criminal defense counsel. Use these rights. It will increase your chances drastically of getting the best outcome in your case.

If you have been charged with any AZ drug charges including but not limited to drug possession, sales, drug possession, drug manufacturing, drug paraphernalia, Drug forgery, Felony Drug, Dangerous Drug, Narcotics, Marijuana, or any other drug charges, in Maricopa County, you should contact the Law Office of James Novak and speak Directly with experienced drug defense Attorney James Novak at (480) 413-1499.

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The Law Office of James Novak is devoted to handling 100% DUI, Drug & criminal cases in Phoenix AZ, Tempe AZ, Scottsdale AZ, Chandler AZ, Gilbert AZ, Mesa AZ and other cities within Maricopa County Arizona 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.

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