The number of drug offenses is increasing all over the United States and not just in Arizona and this is regardless of the tough laws that are in place to try and remedy the problem as much as possible at both the federal and state levels. How the crime is punished is dependent upon the purpose of possession, the quantity within a person’s possession, the kind of drug, if there was intent to sell, and a variety of other factors. Of course, however, there has to be evidence that a specific action was going to be take place with that drug. If you’ve been accused of drug offenses in Phoenix, Mesa, Glendale, Scottsdale or the surrounding area it is important to give Myles A. Schneider & Associates a call before talking to the police.
Possession, Sale, Production, And Transportation
There are several ways in which drugs are handled. A person either has them in their possession to use or sale, they produce drugs, or they possess them to transport them across state lines. The drugs involve everything from marijuana to dangerous drugs, such as narcotics and methamphetamine. The possession of drug paraphernalia is also a crime.
Depending upon the severity of the crime, the drug crime penalties can include probation with counseling, community service, occasional drug testing, or jail or prison. Prison time usually results when a large amount was in possession. This means that a threshold amount for that particular drug has been met. The threshold amount is going to depend upon the drug. For instance, someone in possession of one gram of heroin receives a mandatory prison sentence. A mandatory prison sentence is also the result when in possession of nine ounces of cocaine.
Evidence Against You
Of course, the most significant piece of evidence against you in a drug offense case is the drug that is seized by law enforcement. Nevertheless, law enforcement officers do have to conduct reasonable searches and seizures as mandated by both the U.S. and state constitutions. This means that they cannot exceed the scope of the search warrant or obtain the search warrant illegally. They also cannot execute a “stale” search warrant. If they have, then your rights have been violated and the search can then be considered a violation of your constitutional rights. This can make a significant difference in your case and it is up to your Phoenix drug offense lawyer to bring this to light in court. The result is the evidence being suppressed, which means the prosecution is unable to present evidence obtained during an illegal search.
It is very important that an experienced attorney evaluates your situation and then determines what defenses will work best in your case. There may even be times when a defendant is charged with multiple offenses as a part of the same crime. So we work to have as many charges dropped as possible.
Prop 200 and Prop 301
If convicted of Possession of Marijuana or Possession of Dangerous Drugs and Drug Paraphernalia you could be facing possible jail time. However, Arizona’s Prop 200 sentencing treatment law was put into place to divert first and second time offenders away from prison, instead allow them to get drug treatment/ education. The purpose is to rehabilitate and reduce drug use. The penalties of Possession of Marijuana is divided into 3categories;
Under 2 lbs
- Class 6 Felony possession
- Class 5 Felony intent to sale
- Class 4 Felony personally produced
- Class 3 Felony transported/imported
- Class 5 Felony possession
- Class 3 Felony intent to sale
- Class 4 Felony If personally produced
- Class 2 Felony if transported/ imported
4 or more lbs
- Class 4 Felony for use
- Class 2 Felony intent to sale
- Class 3 Felony if personally produced
- Class 2 Felony if transported imported
Possession of Dangerous Drugs
- Class 4 Felony for use or sale
- Class 3 Felony possess equipment or chemicals for purpose of manufacturing dangerous drugs
- Class 2 Felony manufacturing/ administer to another person
- Class 2 Felony up to 12.5 years in prison
- Class 3 Felony up to 8.7 years
- Class 4 Felony up to 3.7 years
- Class 5 Felony up to 2.5 years
1st and 2nd time offenders maybe eligible for Arizona’s Prop200 Treatment Law if amount possessed does not exceed the Drug Threshold Amount. If the amount possessed is equal to or more than Statutory Threshold Amount Prop 200 Sentencing Treatment Law may not apply.
However, because of the highly addictive nature of Methamphetamine drug treatment programs appeared ineffective as for modifying behavioral change in Methamphetamine users. Which is why Arizona voters approved Prop 301, Meth users are ineligible for prop 200 and allowing jail/prison time.
Phoenix Drug Offense Attorney
If you have been accused of a drug offense, then you need legal protection as soon as possible. Even if you are guilty of the crime to some capacity, you do have rights and options that you need to know about so that you can exercise them. Call us today at 602-926-7373 or fill out the contact form on this page for your free case evaluation. This is a very important first step toward securing your future.
Have you been charged with a crime? Get in touch with a qualified and professional Arizona Criminal Defense Lawyer as soon as possible to discuss your case! Our legal experts will fight for your rights and you will get you justice you deserve.