Phoenix Drug Laws

January 10, 2011

Drug Charges: Sentencing Guidelines for Drug Crime Concictions

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.

January 4, 2011

Marijuana Charges: Sentencing Guidelines for Marijuana Convictions. Find out which factors carries the most weight

by James E. Novak, P.L.L.C.

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.

December 15, 2010

Arizona laws | Synthetic Marijuana (Fake Pot)

by James E. Novak, P.L.L.C.

Phoenix Criminal Attorney | Arizona Criminal Defense
If you have been arrested for use, possession, or sale of synthetic Marijuana (fake pot) in Arizona you should consult an experienced Arizona Criminal Defense Attorney or Arizona Drug defense Attorney as soon as possible. Synthetic Marijuana charges are considered very serious charges which carry fierce penalties in Arizona. The Federal Government has also brought down a strong arm to synthetic Marijuana
Arizona Laws that apply can be found in Arizona Drug Laws A.R.S. Title 13 – DRUG OFFENSES 13-3401 and Chapter 34.1 IMITATION SUBSTANCE OR DRUG OFFENSES to 13-3461.
On November 24, the United States Drug Enforcement Administration (DEA) put a temporary ban on using, possessing, or selling any of five main chemicals used to make synthetic Marijuana (fake pot). This move has been made by the DEA as a move to study whether or not to permanently control or ban these substances chemicals and substances further, if efforts to “avoid imminent public health crisis while the formal rule-making procedures described in the CSA are being conducted.”

Arizona, like most other states will follow the lead of the Federal Law.

The banned chemicals include:
• JWH-018,
• JWH-073,
• JWH-200,
• CP-47,497,
• cannabicyclohexanol.

Smokable herbal blends which have, in the past been advertised as being “legal” in the past, which is not the case. Complaints reported indicate that these substances mimic the effects of smoking actual marijuana and its’ active ingredient THC. Such plant materials coated with these chemicals and substances have not been approved by the Food and Drug Administration (FDA) as being safe for human consumption, and are not legal. Further, there is no legal governing oversight n the manufacturing process, sales, or distribution. Brands marketed as “incense” intended to hide their real use of fake pot or synthetic marijuana include but are not limited to the popular labels such as:

• Spice,
• K2,
• Blaze,
• “Red X Dawn”.

A “Notice of Intent to Temporarily Control” by the DEA was published in the Federal Register on November 24, 2010, to make the public aware of their action. Within 30 days, DEA will then publish a “Final Rule to Temporarily Control these chemicals for at least 12 months with the possibility of a six-month extension in the Federal Register. They will be designated as Schedule I substances. Schedule I substances are the most restrictive category. This category is designated for unsafe, highly abused substances with no medical usage.

Charges of possession, use, sale, manufacturing or distribution of synthetic Marijuana in Arizona, are not the type of criminal charges you want to go at alone through the Arizona Criminal Justice System. You will need to consult an experienced Phoenix criminal
Attorney or Drug defense Attorney in Arizona to defend these charges. A good Arizona Criminal Defense lawyer or Phoenix Drug Charges Defense Attorney have a clear understanding of the law, your constitutional rights, and what defenses can be used on your behalf based on your circumstances. Early retention of an experienced Phoenix criminal defense attorney will increase your chances of getting your charges dismissed, reduced or the otherwise best outcome in your case.

December 2, 2010

MARIJUANA LAWYER

by James E. Novak, P.L.L.C.

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.

November 30, 2010

MARIJUANA POSSESSION 5

by James E. Novak, P.L.L.C.

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.

November 23, 2010

FELONY DRUG LAWYER SCOTTSDALE

by James E. Novak, P.L.L.C.

Drug Sales Laws | Drug Sales Attorney Scottsdale
A good criminal defense attorney who defends drug charges frequently, know how to challenge the evidence, utilize defenses, and protect your constitutional rights. The best Scottsdale drug defense lawyers will make every effort to get your charges dismissed, reduced, or an otherwise better out come than you would have received without good drug sale legal representation and drug sales defense.

If you have been arrested in Scottsdale AZ for drug sales charges you will need to consult drug sales attorney or Arizona criminal attorney regarding defending your drug sales charges as soon as possible. Drug sales are usually charged as felonies in Scottsdale and are considered very serious offenses in Scottsdale AZ. But a good criminal defense or drug sales lawyer in Arizona can challenge your drug sales charges. You have a constitutional right to a defense. Retaining a good drug sales attorney or criminal defense attorney in Scottsdale Arizona who defends drug charges in the Scottsdale criminal justice system frequently, will increase your chances of getting a good outcome in your case; early retention of a criminal attorney in Scottsdale AZ is the key to a successful outcome in defense of your drug sales charges. This includes getting felony drug charges dismissed reduced, or an otherwise better out come than you would have received without good drug sale legal representation and drug sales defense.

Drug Sale Charges Scottsdale | Drug Sale Penalties
Drug sales are usually charged as felonies in Arizona. If convicted of your drug sales charges you will likely face mandatory prison sentences exorbitant financial fines, fees, and penalties. These sentences increase depending on the classification of the drug sold, the quantity of drugs involved in the sale and other factors listed below. Criminal charges for drug sales in Scottsdale, AZ, will be subject to the laws and penalties of the State of Arizona.

The drug definitions, classifications and penalties can be found under A.R.S. Title 13 Chapter 34: DRUG OFFENSES 13-3401 to 13-3461
Below are some main factors the police, will consider in determining the severity of your charges for which they will make an arrest. These factors are also considered in the criminal justice system by the judge, prosecution and Arizona Court for which they base sentencing and penalties for drug sale convictions for Scottsdale AZ felony drug charges. This list is not all inclusive:
• Quantity of the drugs or substance sold or intended for sale;
• Classification or type of the drug being sold or intended to be sold;
• You past criminal record;
• Repeat or first time drug charges offense;
• Strength of the Arizona prosecution’s case;
• Possession or use of a dangerous weapon surrounding the incident;
• Drugs sold or attempted be sold to a minor;
• Location of drug sale or intent to sell (such as a schools or drug sales operations and transactions where children reside).
• Drug sales charges were in conjunction with other criminal offenses at the same time such as manufacturing or cultivation;
• Other aggravating factors not listed
Drug Sales Defense | Drug Sales Lawyer Scottsdale, AZ
There are many defenses that can be used by an experienced drug defense lawyer or criminal defense attorney in Arizona who defend Arizona drug charges for sale and distribution frequently. Top Scottsdale Defense Attorneys will work hard to find out how to get drug charges dismissed. Most all good Felony drug defense attorneys in Scottsdale AZ agree that early retention of a good criminal defense attorney, or experienced drug sales defense lawyer makes a significant different in the outcome of Scottsdale your drug sales charges.

The best Arizona criminal defense lawyers and drug defense attorneys also agree it is unwise to go without good Arizona Felony Drug Defense Legal Representation. If you are charged with Arizona drug sales offense, you should consult an experienced Scottsdale Criminal Attorney for a consultation regarding your matter. The fastest way to get a conviction and harshest sentencing is to go through the criminal justice system unrepresented by a good Scottsdale criminal defense or Drug defense Attorney.

Some of the best Attorneys in Arizona provide free consultations. You can easily find an Attorney who defends drug sales charges in Scottsdale that will provide you with a free and confidential consultation. 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.

November 22, 2010

Drug Possession Attorney | Drug Possession 2

by James E. Novak, P.L.L.C.

Drug Charges and Penalties Scottsdale, AZ
“Most Top drug possession defense lawyers in Scottsdale AZ provide free consultations if you are currently facing drug charges or have been arrested for drug possession in Scottsdale, AZ. ”
Scottsdale AZ Drug Possession Laws are strict and the Criminal Justice System can be a complicated maze of procedures and protocol. If you were arrested for drug possession charges in Scottsdale AZ you will need to consult a criminal defense attorney or drug defense attorney who frequently defends drug charges in Scottsdale Court. Most Top drug possession defense lawyers in Scottsdale AZ provide free consultations if you are currently facing drug charges or have been arrested for drug possession in Scottsdale, AZ. A good Scottsdale criminal defense attorney will provide you with information concerning the charges, penalties, and defense options. One major key to a successful defense is early retention of your drug defense legal representation in Scottsdale Arizona.

If your drug arrest or drug charges were in Scottsdale AZ, you will be held to the rule of law of the State of Arizona. 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”.

Scottsdale, AZ Drug Classifications
Arizona drug laws classify drugs in three main categories listed below. (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 Charges in Scottsdale, Arizona
The severity of your drug possession charge depends a heavily on the amount or quantity found in your possession. The police use this as a gauge to determine if your Scottsdale drug charges will be for possession for personal use, or elevated to possession with intent to sell, drug sales, drug trafficking, drug distribute drugs or more serious charges. Drug charges can carry serious penalties including extended jail or prison if convicted. Most drug possession charges in Arizona are charged as felonies, but could be charged as a misdemeanor based on quantity, purpose, and other circumstances surrounding your drug arrest or drug charges in Scottsdale, AZ.

Drug Penalties for Drug Possession in Scottsdale, AZ
Many defendants, who face Scottsdale drug 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 punishments for drug possession could include one, a combination, or all of these penalties and more, depending on many factors. Below are some of those factors (This list is not all inclusive):

1) Quantity of the drug alleged to be found in your possession;
2) Type or class of drug;
3) Purpose of the drug (personal use or sales);
4) Repeat offense v. first offender;
5) Criminal Record;
6) Additional drug or criminal charges involved with the arrest;
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 for first time offenders. Qualification involves invitation into the program by the prosecution and court based on a list of criteria that must be met in order to be eligible for the counseling program in place of other sentencing such as incarceration.

Arizona Drug Possession Attorney – Criminal Defense
You will need to consult and hire the best Arizona drug defense attorney you can. They should possess a vast amount of litigation and experience in Scottsdale drug defense; be highly skilled, educated and capable of building a solid defense against your drug charges; possess the ability to make compelling arguments on your behalf; one who is assertive and proactive and not afraid to challenge evidence and the prosecution’s case; be extremely familiar with the Criminal Justice System; and someone who will use every possible defense in your favor; someone you have a comfort level with and an open line of communication, and a criminal defense attorney will to fight relentlessly with the goal of securing a dismissal, reduced charges, or negotiate an agreement for your entrance into the diversion program in place of incarceration or other sentence, or other favorable outcome in your case.

November 19, 2010

CHANDLER FELONY DRUG LAWYER

by James E. Novak, P.L.L.C.

Drug Sales Laws | Drug Sales Attorney Chandler
Good criminal defense lawyers, who defend drug charges frequently in Chandler AZ, know how to challenge the evidence, utilize defenses, protect your constitutional rights and get the best possible outcome in your drug sales charges.

If you have been arrested in Chandler AZ for drug sales charges you will need to consult a drug sales attorney or Arizona criminal attorney regarding defending your drug sales charges as soon as possible. Drug sales are usually considered felonies in Chandler and are very serious offenses in Chandler AZ. But a good criminal defense or drug sales lawyer in Arizona can challenge your drug sales charges. You have a constitutional right to a defense. Retaining a good drug sales attorney or criminal defense attorney in Chandler Arizona who defends drug charges in the Chandler criminal justice system frequently, will increase your chances of getting a good outcome in your case; early retention of a criminal attorney in Chandler AZ is the key to a successful outcome in defense of your drug sales charges. This includes getting felony drug charges dismissed reduced, or an otherwise better out come than you would have received without good drug sale legal representation and drug sales defense.

Drug Sale Charges Chandler | Drug Sale Penalties
Drug sales are usually charged as felonies in Arizona. If convicted of your drug sales charges you will likely face mandatory prison sentences exorbitant financial fines, fees, and penalties. These sentences increase depending on the classification of the drug sold, the quantity of drugs involved in the sale and other factors listed below. Drug sales laws in Chandler, AZ are governed by the criminal codes and drug laws the State of Arizona.

The drug definitions, classifications and penalties can be found under A.R.S. Title 13 Chapter 34: DRUG OFFENSES 13-3401 to 13-3461
Below are some main factors the police, will consider in determining the severity of your charges for which they will make an arrest. These factors are also considered in the criminal justice system by the judge, prosecution and Arizona Court for which they base sentencing and penalties for drug sale convictions for Chandler AZ felony drug charges. This list is not all inclusive:
• Quantity of the drugs or substance sold or intended for sale;
• Classification or type of the drug being sold or intended to be sold;
• You past criminal record;
• Repeat or first time drug charges offense;
• Strength of the Arizona prosecution’s case;
• Possession or use of a dangerous weapon surrounding the incident;
• Drugs sold or attempted be sold to a minor;
• Location of drug sale or intent to sell (such as a schools or drug sales operations and transactions where children reside).
• Drug sales charges were in conjunction with other criminal offenses at the same time such as manufacturing or cultivation;
• Other aggravating factors not listed
Drug Sales Defense | Drug Sales Lawyer Chandler, AZ
There are many defenses that can be used by an experienced drug defense lawyer or criminal defense attorney in Arizona who defend Arizona drug charges for sale and distribution frequently. Top Chandler Defense Attorneys will work hard to find out how to get drug charges dismissed. Most all good Felony drug defense attorneys in Chandler AZ agree that early retention of a good criminal defense attorney, or experienced drug sales defense lawyer makes a significant different in the outcome of
Chandler your drug sales charges.
The best Arizona criminal defense lawyers and drug defense attorneys also agree it is unwise to go without good Arizona Felony Drug Defense Legal Representation. If you are charged with Arizona drug sales offense, you should consult an experienced Chandler Criminal Attorney for a consultation regarding your matter. The fastest way to get a conviction and harshest sentencing is to go through the criminal justice system unrepresented by a good Chandler criminal defense or Drug defense Attorney.

Some of the best Attorneys in Arizona provide free consultations. You can easily find an Attorney who defends drug sales charges in Chandler that will provide you with a free and confidential consultation. 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.

November 5, 2010

DRUG SALES ATTORNEY GILBERT

by James E. Novak, P.L.L.C.

Drug Sales Laws | Felony Drug Charges Defense Gilbert
A good Gilbert criminal defense or drug sales lawyer can challenge your drug sales charges. You have a constitutional right to a defense…. early retention of a criminal attorney in Gilbert AZ is the key to a successful outcome in defense of your drug sales charge.

If you were arrested in Gilbert AZ for drug sales charges you will need to consult drug sales attorney or Arizona criminal attorney regarding defending your drug sales charges as soon as possible. Drug sales are usually charged as felonies in Gilbert and are considered very serious offenses in Gilbert AZ. But a good criminal defense or drug sales lawyer in Arizona can challenge your drug sales charges. You have a constitutional right to a defense. Retaining a good drug sales attorney or criminal defense attorney in Gilbert Arizona who defends drug charges in the Gilbert criminal justice system frequently, will increase your chances of getting a good outcome in your case; early retention of a criminal attorney in Gilbert AZ is the key to a successful outcome in defense of your drug sales charges. his includes getting the drug charges dropped, reduced, or an otherwise better out come than you would have received without good drug sale legal representation and drug sales defense.

Drug Sale Charges Gilbert | Drug Sale Penalties
Drug sales are usually charged as felonies in Arizona. If convicted of your drug sales charges you will likely face mandatory prison sentences exorbitant financial fines, fees, and penalties. These sentences increase depending on the classification of the drug sold, the quantity of drugs involved in the sale and other factors listed below. If you were arrested for drug sales in Gilbert, Arizona, the drug laws of the State of Arizona will apply. The drug definitions, classifications and penalties can be found under A.R.S. Title 13 Chapter 34: DRUG OFFENSES 13-3401 to 13-3461
Below are some main factors the police, will consider in determining the severity of your charges for which they will make an arrest. These factors are also considered in the criminal justice system by the judge, prosecution and Arizona Court for which they base sentencing and penalties for drug sale convictions for Gilbert AZ felony drug charges. This list is not all inclusive:
• Quantity of the drugs or substance sold or intended for sale;
• Classification or type of the drug being sold or intended to be sold;
• You past criminal record;
• Repeat or first time drug charges offense;
• Strength of the Arizona prosecution’s case;
• Possession or use of a dangerous weapon surrounding the incident;
• Drugs sold or attempted be sold to a minor;
• Location of drug sale or intent to sell (such as a schools or drug sales operations and transactions where children reside).
• Drug sales charges were in conjunction with other criminal offenses at the same time such as manufacturing or cultivation;
• Other aggravating factors not listed
Drug Sales Defense | Drug Sales Attorney Gilbert, AZ
There are many defenses that can be used by an experienced drug defense lawyer or criminal defense attorney in Arizona who defend Arizona drug charges for sale and distribution frequently. Top Gilbert Defense Attorneys will work hard to find out how to get drug charges dismissed. Most all good Felony drug defense attorneys in Gilbert AZ agree that early retention of a good criminal defense attorney, or experienced drug sales defense lawyer makes a significant different in the outcome of Gilbert your drug sales charges.

The best Arizona criminal defense lawyers and drug defense attorneys also agree it is unwise to go without good Arizona Felony Drug Defense Legal Representation. If you are charged with Arizona drug sales offense, you should consult an experienced Gilbert Criminal Attorney for a consultation regarding your matter. The fastest way to get a conviction and harshest sentencing is to go through the criminal justice system unrepresented by a good Gilbert criminal defense or Drug defense Attorney.
Some of the best Attorneys in Arizona provide free consultations. You can easily find an Attorney who defends drug sales charges in Gilbert that will provide you with a free and confidential consultation. 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.

October 30, 2010

SCOTTSDALE MARIJUANA LAWYER

by James E. Novak, P.L.L.C.

Penalties for Marijuana Sales
Scottsdale, AZ Criminal Defense
If you were arrested in Scottsdale, AZ are face Marijuana (also called Pot, Cannabis, or Weed) sales charges in Scottsdale, you should not delay in contacting a Scottsdale Marijuana lawyer or criminal defense attorney as soon as possible. Convictions carry
very severe penalties. Arizona takes Sales of Marijuana charges very seriously and it shows in sentencing. The harshest of all penalties are for Marijuana Production, Manufacturing, Distributing, or Sales in Scottsdale, Arizona.

The Law Office of James Novak is devoted to handling 100% DUI, Drug & criminal cases in, Tempe, Chandler, Scottsdale, Phoenix, Scottsdale, Scottsdale Arizona and surrounding areas valley-wide within Maricopa County, Arizona.

AZ Marijuana Charges fall under the authority 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
• Quantity of Marijuana found for sale or intent to sell.
• Prior criminal record
• Prior Marijuana convictions
• Strength of evidence of the prosecution holds against you.

Penalties for Marijuana Sales:
1. Sentencing starts as 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. Next, s 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. For anything over 4 lbs., conviction include 4 to 10 years of jail and fines ranging from $750-$150,000.00 for Marijuana sales.

What an Experienced Scottsdale Marijuana Defense Attorney can do to defend you
It is too risky to go unrepresented by a good Scottsdale AZ Marijuana sales defense Attorney. There is too much to lose to attempt to go at it alone. You will make the Gilbert Prosecution’s job to convict you easy if you do not hire good legal representation. You need a strong criminal defense attorney to frequently defends charges in Gilbert AZ. They know the system, the protocol, the law, and the defenses that can be used to challenge the prosecutions case against you. Hiring a good private practice criminal defense or drug defense lawyer is your best shot at freedom. It is your best chance at getting a good outcome for your Marijuana sales charges. A good Scottsdale Marijuana Criminal Defense Attorney will make sure your 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, 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 Scottsdale 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 Scottsdale 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.

The Law Office of James Novak provides Criminal defense in Scottsdale Arizona 85250 85251 85252 85254 85255 85256 85257 85258 85259 85260 85261 85262 85266 85267 85271.