ARIZONA DRUG CRIMES
The range of drug crimes is very broad, including everything from simple possession to trafficking in hard drugs, to manufacturing methamphetamine and other illegal substances. If you are facing any one of these drug crimes, or if you have reason to believe you are being investigated for a possible offense, it is in your best interest to retain the services of an experienced Arizona drug crimes lawyer as quickly as possible.
Time is important when you have been arrested or are under investigation for drug crimes. Early intervention by your drug crimes lawyer could mean the difference between a quick resolution of the charges or investigation and a drawn-out process with the threat of heavy penalties hanging over your head.
Types of Drug Crimes in Arizona
Drug crimes in Arizona run the gamut from misdemeanors to serious felonies, although most drug crimes are felonies. A charge will be a function of a number of factors, including the conduct alleged, the particular drug involved, and the amount you are alleged to have possessed. The following sets forth some of the more common drug crimes in Arizona:
- Felony Drug Possession. Illegal possession of even a small amount of marijuana, narcotic drug or dangerous drugs is a felony under Arizona law. The classification and the potential penalties vary by the type of drug, the amount and prior criminal history. Read more
- Possession for Sale. Depending on the amount of a certain drug that you were in possession of, you may be charged with possession for sale. Possession for sale increases the severity and possible punishment of a simple possession case. Read more
- Drug Trafficking. As state that shares a border with Mexico and has multiple federal interstates running through it, Arizona is home to a large quantity of drug trafficking offenses. Penalties for these drug crimes depend on the type of drug and the amount bring being trafficked. Read more
- Drug Manufacturing. In addition to penalties you may face for being in possession of drugs, additional and much more severe penalties are possible if you have been charged with actually manufacturing drugs. Read more
- Prescription Fraud. An increasingly common drug crime in Arizona, prescription fraud cases involve obtaining prescription drugs by using an invalid, falsified or forged prescription. These types of drug crimes, normally involve both illegal felony possession and fraud and forgery charges. Read more
- Wire Tap Cases. Some of the most complex and heavily punished drug crimes involve the use of a Title III Wiretap. Both Federal and State drug crimes investigations are carried out by way of wiretap surveillance in Arizona. Read more
Special rules apply with respect to certain drugs, such as peyote and nitrous oxide. Penalties can also be affected by numerous other factors, such as where the alleged offense took place (school zone); prior criminal history of the defendant; and whether the defendant qualifies for probation.
Alternatives to Jail or Prison for Drug Crimes
Since most drug crimes are felonies, they all carry, depending upon the circumstances, at least the possibility, and in many cases the likelihood, of incarceration. Under A.R.S. § 13-901.01, however, mandatory probation may be a possibility, providing that you qualify under the terms of the statute. It applies, in the first instance, only to a first or second conviction for personal possession or use of a controlled substance (or drug paraphernalia).
Additional factors, however, may affect your ability to take advantage of the law. For example, a conviction for a violent crime will make you ineligible, as will offenses involving methamphetamine, prior refusal of drug treatment as a term of probation, as well as a number of others.
Defending Drug Crimes
The law surrounding drug crimes is complicated. In addition to the complexities of the statutes themselves, many additional legal issues are often involved, such as illegal search and seizure (beginning in some cases with an unlawful traffic stop), entrapment, questions concerning actual or constructive possession, the accuracy of chemical tests, and others. Moreover, questions can and, in appropriate situations should be raised regarding chain of custody, missing evidence, duress, alleged confessions, and numerous other potential issues.
Drug Crimes Lawyer
It is essential that your lawyer be fully familiar with all aspects of defending these types of charges, as well as how best to avoid incarceration if you enter a guilty plea or are found guilty.
Finding the right drug crimes lawyer is the key to minimizing the damage of being charged and convicted of a drug crime. It is also important that your drug crimes lawyer be by your side as early in the process as possible to avoid arrest and protect your rights. If you have been charged with a drug crime, or if you are under investigation, contact Feldman & Royle, today. We will provide you with an honest evaluation of your case, and the initial consultation is free.