Arizona Criminal Defense Attorney Blog
Phoenix Drug Laws and AZ Drug Defenses
If you face any drug charges in Arizona, you should consult a good greater Phoenix Drug Defense Attorney, or criminal defense attorney who defends drug possession charges frequently in the Phoenix Courts. The penalties are some of the harshest in the country. 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.
Penalties and Sentencing for drug possession convictions in AZ rely on several factors:
A) How much of an illegal substance or controlled substance was found in your possession. Phoenix Police use this factor as a gauge to decide whether or not to charge you with drug possession or elevated to drug possession with intent to distribute or sell. Possession of drugs with intent to sell or sell carries heavier penalties and sentencing than Arizona drug possession.
B) The Arizona Judge and Prosecution will look at is repeat offenses. Repeat offenses are considered more serious with stiffer penalties.
C) Strength of the Arizona Prosecutions case and purpose of the drug and
D) Prior criminal history you may have.
Arizona drug classifications define drugs as falling within three basic categories which
Are defined in greater detail beginning with A.R.S. Title 13 Chapter 34: DRUG OFFENSES 13-3401:
1) Dangerous drugs
2) Narcotics drugs
3) Marijuana or Cannabis
Phoenix Drug Possession Defense
Just because you have been charged with a crime does not mean you are convicted. And with a good Arizona criminal attorney who defends cases frequently in Phoenix your chances of getting your charges dismissed greatly increase. Here are some evidentiary issues a good Phoenix Criminal Defense or Drug possession Attorney will examine, or challenge in building and mounting the best defense possible depending on the individual circumstances of your case:
• Determine if any of your Constitutional Rights were violated.
• Solicit an expert opinion (medical, toxicology, pharmaceutical, etc)
• Determine what the probable cause of your arrest
• Examine if law enforcement officer followed proper protocol arrest procedures
• Investigate if the search and seizure of the drugs was legal
• Challenge the amount of the illegal drug or controlled substance actually found
• Evaluate the location it was found, and if was in actuality “in your possession”
• Argue and challenge the difference between actual possession and constructive possession
• Determine if the drugs belonged to you or someone else
• Your knowledge or lack of knowledge that the drugs existed.
• Witness Interviews.
• Investigate the vehicle, where you were charged, arrested or allegedly maintained possession of the drugs.
• Rule out Entrapment issues
• Negotiate with the prosecution to have the criminal charges or sentencing significantly reduced based on the weakness in their case, your Attorney’s compelling arguments, your clean criminal history, and other factors that may exist.
• File motions to have the charges dismissed, reduced, or some or all of the evidence suppressed depending on the challenged issues.
Drug case charges can be very complex. It is unwise to go without good Arizona Drug Crimes Legal Representation. If charged with Phoenix Drug Possession or any Arizona drug possession charge you should consult an Arizona Criminal Defense Attorney for a consultation regarding your matter. The most and the fastest convictions occur for those who decide to go unrepresented by a good Phoenix criminal defense or Drug defense Attorney. Some of the best Attorneys in Arizona provide free consultations. So you have nothing to lose by discussing your options. Make sure your consultation is both free and confidential. If you are in custody, at the time of your call, be sure you let the Arizona Criminal Defense lawyer know this when you are speaking with them, so your rights can be protected during the phone consultation.
If you have been charged with any Phoenix, Arizona DUI, Drug DUI, DUI with Medication, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI; any Drug Crimes including Illegal drugs, Dangerous drug charges, drug sales, drug possession, drug manufacturing, drug paraphernalia, drug or prescription forgery, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Arizona DUI, Arizona, Arizona Drug DUI, or any other criminal charge including theft, assault, aggravated assault, 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 Arizona Criminal Defense and Phoenix DUI Defense Attorney and James Novak (Former Prosecutor). The Law Office of James Novak proudly defends cases in Phoenix, Tempe, Scottsdale, Mesa, Chandler, Gilbert, and surrounding cities within Maricopa County.
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.