Speak To A Phoenix Drug Crime Lawyer at Gurion Legal
The majority of drug offenses in Arizona are classed as felonies. If you make, use, possess, sell, transport, or import dangerous or narcotic pharmaceuticals for which you do not have a legitimate prescription, you could face harsh consequences.
In the state, drug offenses are punishable by harsh penalties. Because of the enormous number of persons who consume drugs and the state’s proximity to the border, law enforcement personnel pursue drug charges zealously.
If you are convicted of a felony drug charge, you could face a lengthy jail sentence, large fines, probation and required treatment, among other punishments. Your sentence will be determined by your previous criminal history, the type or types of drugs for which you are charged, and whether you planned to distribute or sell them.
Here’s a look at some of the most common drug offenses in Arizona, as well as some possible defenses.
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Why Should You Hire a Drug Defense Attorney If You’re Facing Drug Charges?
To understand how to successfully defend their clients against drug allegations, criminal defense lawyers go through years of school and continual training. Cases involving allegations of drug offenses are typically complex and may necessitate a strong defense strategy.
Types of Drug Crimes Defended by Gurion Legal in Arizona
Arizona has a number of statutes that regulate various aspects of criminal drug offenses. The following are examples of drug offences in Arizona:
- Using or possessing a harmful narcotic is a Class 4 felony under ARS 13-3407.
- Possessing precursor chemicals or equipment for the manufacturing of narcotics other than methamphetamines is a felony of the third degree.
- Possessing a dangerous substance with the intent to distribute it is a felony of the second degree.
- Manufacturing a harmful substance is a felony of the second degree.
- Giving another individual a harmful drug is a Class 3 crime.
- Getting a harmful substance by deception or fraud is a Class 3 crime.
- Transporting or importing a harmful substance from another state into Arizona is a Class 2 felony.
- ARS 13-3405 defines cultivating more than the allowable number of marijuana plants as a Class 6 to Class 2 felony, depending on the overall weight.
- Under ARS 13-3408, using or possessing a narcotic substance without a valid prescription is a Class 4 felony.
- Possession of a controlled substance with the intent to distribute it is a Class 2 felony.
- Possessing precursor chemicals or equipment for the manufacturing of narcotic narcotics is a felony of the third degree.
- Manufacturing narcotic substances is a felony of the second degree.
- Giving someone else a narcotic drug is a Class 2 crime.
- Obtaining or getting a controlled substance through deception, fraud, or misrepresentation is a Class 3 crime.
- Bringing or transporting narcotics into Arizona is a Class 2 felony.
You can be prosecuted with a misdemeanor or a felony depending on the sort of controlled prescription drug you have without a valid prescription and the amount you have.
Defending Against Drug Crime Charges
The mere fact that you are facing drug charges does not imply that you will be found guilty. In many circumstances, it is possible to establish a strong defense against drug-related charges. To find holes in the prosecution’s case and areas that can be disputed, drug defense lawyers meticulously examine all aspects of their clients’ cases.
The defenses available to you will be determined by the facts and circumstances of your case. The following are some frequent sorts of defenses that may be raised.
Stops, searches, and seizures that aren’t legal
The Fourth Amendment of the United States Constitution protects everyone from unjustified stops, searches, and seizures. When a police pulls over a car, searches a vehicle, residence, or person, or seizes evidence, there are specific standards that must be followed.
If the police violates the law, any evidence collected as a result of the illegal stop, search, or seizure may be ruled inadmissible, meaning the prosecution will be unable to use it against you. This is known as the doctrine of the toxic tree’s fruit.
Other than at sobriety checks, police officers are unable to stop automobiles at random. If an officer pulls over your automobile despite having no reasonable suspicion that you committed a criminal or traffic infraction, your lawyer may be able to contest any evidence acquired against you as a result of the improper stop.
Except in rare cases, officers must obtain search warrants before entering people’s houses. If an officer discovered drugs during an illegal search, the drugs may be ruled inadmissible in your case.
Officers must also not keep vehicles stopped for any longer than is required to investigate the grounds for the stop. In some drug cases in Arizona, police officers illegally stretch the time it takes for a drug dog to arrive during routine traffic stops. In this case, an evidentiary motion may be filed to have any drugs or other evidence discovered as a result of the illegal search and seizure suppressed.
A drug defense attorney can examine camera footage, police reports, dispatch records, and other evidence at the time of your stop or arrest to see whether you have any constitutional defenses.
If the police appear to have conducted themselves in an unconstitutional manner while investigating your case, your counsel may submit evidentiary petitions to have some or all of the evidence against you suppressed. This type of motion may result in the dismissal of your charges if it is successful.
Issues Concerning the Use of a Confidential Informant
After the police use information from confidential informants, many drug cases involving distribution or sales are charged. These are persons who agree to buy narcotics in order to acquire evidence that they are being sold. Confidential informants, on the other hand, frequently agree to disclose information in exchange for not being prosecuted in their own cases, making their reliability questionable.
In some circumstances, police officers have frequent confidential informants who they use in a variety of cases, and they may pay them for their assistance.
During discovery, an attorney can request all papers from the police department regarding their agreements with the confidential informants employed in a case, as well as cross-examine an informant to challenge his or her testimony and trustworthiness.
Problems with the Chain of Custody
Police officers must collect drugs, keep them appropriately, and transfer them to a forensic lab for testing in drug investigations. The police must keep track of who had custody of the drugs at each stage as the drugs pass through their hands.
Before drugs can be allowed into evidence at trial, the prosecutor must establish the chain of custody. The accusations against you could be dismissed if the police failed to properly document who had custody of the narcotics from the time they were confiscated until they arrived at the forensic lab. Similarly, drugs go missing from police station evidence rooms on occasion. Your charges may be dismissed if the narcotics collected in your case are absent.
Defenses to Other Drug Crimes
The following are some alternative types of defenses that may be available in your case:
- You were drugged by the cops.
- Someone else was in possession of the medicines.
- You were completely unaware that drugs were present.
- You were apprehended by the cops.
- Drugs were planted on your person, in your car, or in your home by the cops.
- You’ve been mistakenly identified.
- The lab analyst made mistakes.
- You had a cover story.
Depending on the facts of your case, there may be different defenses available.
Why Should You Hire a Drug Defense Attorney If You’re Facing Drug Charges?
To understand how to successfully defend their clients against drug allegations, criminal defense lawyers go through years of school and continual training. Cases involving allegations of drug offenses are typically complex and may necessitate a strong defense strategy. Contact Gurion Legal to speak with an experienced drug crime defense lawyer today.
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