Articles Tagged with Marijuana Penalties

How to Protect Your Rights in a Plea Bargain and Deferred Prosecution

Maricopa-County-Trial-Statistics-HD-e1494596719400If you have criminal charges, it is likely that you will be faced with the decision of whether or not to take your case to trial.  As an alternative to trial, you may be offered a plea deal or participation in a deferred prosecution program.

Last year Maricopa County Superior Court reported that of 99.8 percent of terminated DUI and criminal cases, only 2.2 percent went to trial.

The United States Sentencing Commission (USSC) reported similar statistics in 2016.   The USSC reported 97.3 percent of criminal cases were resolved without trial, while only 2.7 percent went to trial.

Drug Defense Attorney AZ | Drug Possession

AZ Drug Possession Laws are strict and the Criminal Justice System is complicated. If you face drug possession charges in Arizona or were arrested for drug charges, you should consult a criminal Attorney who frequently defends drug charges as soon as possible. The severity of a drug possession charge depends significantly on the amount found in your possession. The quantity involved is a substantial factor for the police to determine if the AZ drug charges will be elevated to possession with intent to sell, illegal drug sales, or distribute drugs which are extremely serious felony drug charges.

Whether your drug arrest or drug charges were in Tempe AZ, Phoenix AZ, Chandler, AZ, Scottsdale AZ, Gilbert AZ, Mesa, AZ or any city within Maricopa County or other Counties in Arizona makes no difference. Every city in Arizona falls to the rule of law Arizona State Laws. The definitions, classifications and penalties are comprehensively outlined in the following criminal code: Arizona Revised Statutes: “A.R.S. 13 Chapter 34 DRUG OFFENSES 13-3401…13-3461”.

Arizona Drug Classifications

Arizona classifies its drugs in a basically by three main types (Note the examples are not all inclusive).

1. Dangerous drugs: LSD, ecstasy, methamphetamines, steroids, hallucinogenic mushrooms, clonazepam, lorazepam
2. Narcotics: cocaine, heroin, opium, morphine, oxycodone
3. Marijuana: Also known as pot, weed, cannabis
Drug Possession Penalties in Arizona
Many defendants, who face Arizona drug possession charges want to know if they will be placed on probation, go to jail or worse to prison if they get a conviction for their AZ drug possession charges. The sentencing could include any, a combination or all of these penalties depending on many factors including by not limited to:

1) Quantity of the drug found in your possession;
2) Type or class of drug found in your possession;
3) Purpose of the drug found in your possession (personal use or intended sales);
4) Repeat offense v. first time offense;
5) Prior criminal record if any;
6) Other charges cited in addition to the drug possession charges;
7) Other aggravating factors surrounding the arrest;
8) Whether or not you may be eligible and qualify for participation in a diversion program which includes drug counseling.

Arizona Drug Possession Attorney – Criminal Defense
You will need to consult and hire the best Arizona drug defense attorney possible with a vast amount of litigation and defense experience in AZ Drug defense. They will need to be highly skilled and be capable of building a solid defense against your drug charges. Make sure they are assertive and proactive, extremely familiar with the Criminal Justice System and will utilize every possible defense in your favor, and present compelling arguments that will effectively lead to securing reduced charges, or a total dismissal of your drug possession charges.

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Marijuana Sales Penalties
Phoenix Criminal Defense Lawyer

If you face Phoenix Marijuana (also known as Pot, Cannabis, or Weed) sales charges, you should consult a Marijuana lawyer or criminal defense attorney who defends Marijuana drug charges in Phoenix, AZ. If convicted, you will be subject to serious punishment. Arizona takes Marijuana sales charges very seriously and it is reflected in penalties for convictions. The most serious Marijuana charges are for Production, Manufacturing, Distributing, or Selling in Phoenix, Arizona. Possession of drugs with the intent to distribute them is also a serious crime.

Arizona Criminal Code 13 comprehensively outlines Marijuana laws in “A.R.S. 13-3405. Possession, use, production, sale or transportation of marijuana; classification” and summaries are Paraphrased below:

Phoenix Marijuana sales charges fall under the rule of Arizona State Law sentencing guidelines for Marijuana sales, Marijuana trafficking and Production:

Sale of Marijuana
• Under 2 lbs = Class 4 felony;
• between 2-4 lbs = Class 3 felony;
• over 4 lbs= Class 2 felony:

Trafficking/Producing Marijuana
• less than 2 lbs.: Class 5 felony;
• between 2-4 lbs.: Class 4 felony;
• Over 4 lbs.: Class 3 felony;
• Transporting/importing: less than 2 lbs.: Class 3 felony; Over 2 lbs.: Class 2 felony
Factors that determine the severity of Penalties and Convictions that will apply
• The quantity of Marijuana found for sale or intent to sell
• Prior criminal record
• Prior Marijuana possession or sales convictions
• Strength of facts and evidence of Arizona drug offense
Penalties for Marijuana Sales:
1. The first tier begins at from 1 ½ to 3 years in Jail with fines that range from $750.00 o $150,000.00 for less than 2 lbs for sales conviction
2. The next tier is 2 lb to 4 lbs. with sentencing for conviction subject to 2 ½ to 7 years of jail time and fines ranging from $750-$150,000.00 for Marijuana sales.
3. The third tier is for anything over 4 lbs. with sentencing for conviction that includes 4 to 10 years of jail time and fines ranging from $750-$150,000.00 for Marijuana sales.

What an Experienced Phoenix Marijuana Defense Lawyer can do to Defend You
The charges are too serious, jail and prison sentencing so severe, costs fines and fees so financially devastating, that it is simply too risky and dangerous to attempt to go without good Phoenix Legal Representation for Marijuana sales charges. You best chance at a good outcome is to hire a good drug defense, criminal defense, or Marijuana sales defense lawyer to defend your case. A good Phoenix Marijuana Criminal Attorney can fight to get you fair treatment in court, make sure your constitutional rights are not violated, minimize the impact the charges can have on your life, challenge evidence for suppression (so that it can not be used against you), attempt to get charges reduced, or the achieve the ultimate goal of getting the charges dismissed.

It is critical that you consult an Arizona Criminal Defense Attorney, Marijuana Lawyer, or Drug defense attorney who defends these cases on a regular basis in Phoenix Courts. An experienced Litigation or Phoenix criminal defense lawyer will gather the evidence; investigate further; interview witnesses; find out if any of your constitutional rights were violated, or if any entrapment issues exists. With a Phoenix criminal attorney your chances of getting the best outcome in your case will significantly increase.

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Marijuana Sales Penalties, Defense
“A good Chandler Marijuana Criminal Defense Attorney will make sure your get you fair treatment in court; your constitutional rights are protected; minimize the impact the charges; challenge evidence for suppression, attempt to get charges reduced, and make every effort if possible to get your Marijuana Sales Charges dismissed.”

If you were arrested in Chandler, AZ or face Marijuana (also called Pot, Cannabis, or Weed) sales charges in Chandler, you should consult a Marijuana defense lawyer or criminal defense attorney who defends cases in Chandler AZ courts frequently. Marijuana Sales convictions carry severe penalties in the State of Arizona. Sentencing and penalties for convictions are most severe for Marijuana Production, Manufacturing, Distributing, or Sales in Chandler, Arizona.

AZ Marijuana Charges fall within the law of the State of Arizona Criminal Code 13 which describes Marijuana law as found in “A.R.S. 13-3405. Possession, use, production, sale or transportation of marijuana; classification”.

Sale of Marijuana Classifications
• Under 2 lbs = Class 4 felony;
• between 2-4 lbs = Class 3 felony;
• over 4 lbs= Class 2 felony:

Trafficking/Producing Marijuana
• less than 2 lbs= Class 5 felony;
• between 2-4 lbs = Class 4 felony;
• Over 4 lbs= Class 3 felony;
• Transporting/importing: less than 2 lbs = Class 3 felony; Over 2 lbs.: Class 2 felony
Factors that determine the severity of Marijuana Penalties and
• Quantity of Marijuana alleged to be for sale or intended to sell
• Any prior criminal history
• Any prior Marijuana convictions
• Strength of the prosecution’s evidence and case against you.

Marijuana Sales Penalties if convicted :
1. Sentencing begins with 1 ½ to 3 years in jail. Fines range from $750.00 to $150,000.00 for less than 2 lbs that you possess for sales or intent to sell.
2. Sentencing for conviction subject to 2 ½ to 7 years of jail time and fines ranging from $750-$150,000.00 for Marijuana sales for 2lbs to 4 lbs in your possession for sale or intent to sell conviction.
3. Sentencing for anything over 4 lbs., conviction include 4 to 10 years of jail. Fines range from $750-$150,000.00 for Marijuana sales or intent to sell in your possession conviction.

Criminal Defense Attorney Chandler, AZ
Going unrepresented by a good private practice Chandler AZ Drug defense Attorney or Chandler criminal defense lawyer is the fastest way to get convicted. There is too much to lose to attempt to go unrepresented. You need a strong criminal defense attorney to frequently defend charges in Chandler AZ to represent you for Marijuana Sales charges. They know and understand the Courts system, procedures, law, and the defenses that can be used to challenge your Marijuana charges. Hiring a good private practice criminal defense or drug defense lawyer is your best chance to get a good outcome for your Marijuana sales charges. A good Chandler Marijuana Criminal Defense Attorney will make sure your get you fair treatment in court; your constitutional rights are protected; minimize the impact the charges; challenge evidence for suppression, attempt to get charges reduced, and make every effort if possible to get your Marijuana Sales Charges dismissed.

A good private practice criminal defense or drug defense attorney who defends cases frequently in Chandler will gather and examine evidence; conduct their own independent investigate; interview witnesses; utilize experts if necessary, find out if any of your constitutional rights were violated, and determine which of many defenses can be used based on the circumstances surrounding your charges. Most criminal attorneys, who defend drug charges in Chandler AZ, provide a free consultation. You have nothing to lose, and everything to gain from a free consultation. Think of it as your first step to fighting for your freedom and getting a second chance.

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Marijuana Lawyer Chandler, AZ
“If you do not qualify and are not offered deferred prosecution, the best Marijuana possession Lawyers who defend drug chares in Chandler, 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.”

If you have been arrested or charged with possession of Marijuana (Cannabis, Pot) in Chandler, AZ you should consult a Marijuana Lawyer who defends and litigates Chandler Marijuana charges or frequently defends drug charges in Chandler Court. Although Marijuana Possession charges are the most common of all Arizona drug charges, it does not reduce the adverse impacts, penalties or give cause for leniency by the Chandler Court if convicted.
Marijuana Penalties in Chandler, AZ
Penalties for possession of Marijuana in Arizona are based on the quantity of the substance found in your possession, and your intended purpose for it such as personal use, sales, distribution, or 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 a “second chance”. Everyone is not entitled to this automatically. The court must offer it after consideration to determine if you qualify. Qualification is based
on circumstances surrounding your charges, any prior criminal convictions, repeat offenses, and other related factors.

Deferred Sentencing requires probation. If the term of probation is completed, 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 Marijuana Lawyer who defends cases often in Chandler Court 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 chares in Chandler, 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
If you receive Marijuana possession charges in Chandler, 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
Good Marijuana Lawyers or criminal defense attorneys who frequently defend charges in Chandler Court will gather and examine the evidence. They will then determine a defense strategy, and mount a defensive case against the Chandler prosecutions case. Your Marijuana Lawyer defending your Chandler drug charges will make sure your constitutional rights have not been violated during any of the processes. This happens frequently in search and seizure of drug situations. 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 defenses that can be used to defend Marijuana charges. An experienced litigator or good Chandler Marijuana Lawyer will know which defenses will be most effective in defending your case. The ultimate goal is always 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.

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