Drug Possession Attorney in Chandler, AZ
States across the country are relaxing their drug possession laws or redirecting their enforcement efforts toward shutting down drug distribution networks. However, Arizona continues to direct considerable law enforcement resources toward people who possess illegal drugs. If you’re one of the many Arizona residents facing charges, a Chandler drug possession lawyer can help.
If you were arrested and face drug possession charges, be proactive in protecting yourself and your future. Call a dedicated attorney at Grand Canyon Law Group to defend you. A Chandler drug possession lawyer at our firm works tirelessly to get the charges dismissed or reduced, or present a strong case for acquittal in court.
For a free legal consultation with a drug possession lawyer serving Chandler, call 480-400-5555
THE TYPE AND QUANTITY OF DRUGS IN POSSESSION CHARGES
Typically, possession charges involve a relatively small quantity of the illegal substance, suitable only for personal use. Prosecutors usually bring distribution or trafficking charges against people with greater amounts of drugs in their possession. The state’s unique drug possession laws put illegal substances into six categories. The type and quantity of drugs determine how severe the charges might be.
For example, the state defines cocaine, anabolic steroids, PCP, MMDA, methamphetamine, and many other substances as “dangerous drugs” under the law. In most cases, someone possessing an amount for personal use would face Class 4 felony charges. The same charges would apply if the drug were a narcotic. However, possessing peyote is a Class 6 felony, and possessing illegal prescription drugs is a Class 1 Misdemeanor.
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DRUG POSSESSION PENALTIES DEPEND ON MULTIPLE FACTORS
Drug crimes carry harsh penalties in Arizona. However, when quantities are small enough to merit only possession charges, a Chandler drug possession attorney has more opportunity to negotiate for a reduced charge. Again, the type of drug can impact the options available.
For example, Arizona Revised Statute §13-3407 allows a first offender facing Class 4 felony possession charges to plead to a Class 1 misdemeanor. In some circumstances, a prosecutor could recommend deferred disposition and put the accused on probation. However, if the drug involved was methamphetamine, LSD, or PCP, the prosecutor does not have the flexibility to negotiate reduced charges.
Similarly, a defendant’s prior criminal record greatly impacts the potential sentence they might receive. A first offender convicted of a Class 4 felony could receive probation, but probation is not an option for someone with prior felony convictions. A first offender with aggravating circumstances could be sentenced to three years and nine months in prison, while someone with two prior felonies and aggravating circumstances faces 7.5 years. Our knowledgeable Chandler defense lawyers can further explain the potential penalties for drug possession charges.
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DEFENDING AGAINST DRUG POSSESSION CHARGES IN CHANDLER
Arrests for drug possession sometimes result from improper traffic stops or illegal searches. Sometimes, the arresting officers do not inform someone of their right to remain silent. Our skilled drug possession attorneys could scrutinize police behavior to make sure the officers respected the accused’s Constitutional rights. If not, we could bring a motion to throw out the evidence the police obtained illegally.
Police and other investigators must preserve and handle evidence according to certain procedures. Examining how the police handled the drugs after confiscating them and looking at the crime lab’s procedures can sometimes provide evidence supporting a defense case.
A prosecutor must show that the defendant knew they possessed the drugs and that the substances they possessed were illegal. Challenging the prosecution’s evidence of intent with help from a Chandler drug possession attorney could result in an acquittal.
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UNDERSTANDING THE DIFFERENT FORMS OF POSSESSION
It’s important to know that you don’t need to be holding drugs on your person to be convicted of possession in Arizona. Here’s what you need to know:
- Actual possession: Actual possession involves knowingly having direct physical contact with illicit drugs. They could be in your pocket, in your backpack, or in a purse that also contains personal identification, even if it’s not on your person.
- Constructive possession: Constructive possession involves knowingly exercising control over illegal drugs without having them on your person. Situations where this might apply include keeping drugs in a shared apartment or in a storage unit registered under your name.
- Joint possession: Joint possession refers to a situation where two or more people share control over and access to illicit drugs. This theory allows multiple people to be tried for the possession of the same drugs.
In 2024, a total of 12.7% of the crimes in Arizona reported to the United States Sentencing Commission involved drugs. No matter what type of drug you were accused of possessing, a Chandler drug possession attorney can help you defend yourself against the charges in Chandler.
FAQS ABOUT DRUG POSSESSION IN CHANDLER
What Happens if You Get Caught With Drugs in Arizona?
If you get caught with drugs in Arizona, a formal investigation generally ensues. You can be charged with possession or a related crime and have to choose between accepting a plea agreement and going to trial. At the trial, your defense lawyer can defend you against the allegations, and a jury issues a verdict. If they issue a guilty verdict, you are sentenced according to the state’s guidelines.
What Are the Drug Laws in Arizona?
The primary drug laws are covered under Arizona Revised Statutes 13 Chapter 34. These laws make it illegal to possess dangerous drugs and narcotics and set threshold amounts for simple possession versus the presumption of intent to sell, which results in harsher punishments. Simple possession is a Class 4 felony in Arizona for dangerous and narcotic drugs or a Class 6 felony for marijuana in excess of the legal limits.
What Are the Three Types of Drug Possession?
The three types of drug possession are actual, constructive, and joint. In actual possession, you have the drugs on your person. Constructive possession implies ownership because the drugs are located within the realm of your control, such as your home or vehicle. Joint ownership involves possessing drugs in conjunction with another person, who may also face charges.
Is Marijuana Possession Legal in Arizona?
Marijuana possession is legal in Arizona. All adults ages 21 and up can possess up to one ounce of marijuana and cultivate up to six plants per person or 12 plants per household. Since 2020, when recreational marijuana was legalized, people have been able to purchase marijuana flower and concentrates in licensed dispensaries throughout the state.
HIRE A DRUG POSSESSION LAWYER
You should hire a drug possession lawyer as soon as possible after you are arrested. You should not face police questioning without a legal representative by your side.
Although drug possession charges are serious, a skilled attorney can often arrange to have them dismissed or reduced. Contact Grand Canyon Law Group today to discuss your legal options in your drug possession case and get the dedicated representation you need.
Call or text 480-400-5555 or complete a Free Case Evaluation form
