Citrus Park Drug Crime Attorney
If you face drug charges or the police arrest you for a substance-related offense, you must be proactive to protect your rights. Luckily, the dedicated defense team at Grand Canyon Law Group is here to fight for you. We are former Deputy County attorneys with a successful track record of defending those accused of possession and other related offenses.
A Citrus Park drug lawyer at our firm is prepared to develop a strong case, present evidence, represent your best interests, and help you avoid the consequences of a conviction. Contact us today to learn more about how we can fight for your way of life.
For a free legal consultation with a drug crime lawyer serving Citrus Park, call 480-400-5555
TYPES OF DRUG CRIMES
There are many different drug offenses under Arizona state law. The charges and penalties will depend on what you are accused of doing with the drug and the type and amount of the substance you are charged with possessing.
As our experienced attorneys can attest, the most common drug-related charges in Citrus Park include the illegal possession or distribution of drugs. In these cases, the penalties vary depending on the severity of the crime and the type of drug(s). Having a relatively small amount of marijuana is very different from possessing a large amount of a narcotic.
According to the Arizona State Senate, drugs are classified as follows:
- Schedule I Drugs – These are the most dangerous drugs that have no known legitimate medical use and are often highly addictive
- Schedule II Drugs – These are addictive and somewhat dangerous drugs, but they serve a medical purpose, such as managing pain or treating ADHD, which is why they generally require a subscription
- Schedule III Drugs – These drugs generally have a medical purpose and are prescribed to address that need, but possessing these drugs is not as serious as possessing a schedule II or I drug
Just like the people who are charged with them, no two drug-related criminal charges in Arizona are made exactly alike. Both law enforcement authorities and criminal courts here take different tacks when handling various types of drug charges in Citrus Park. What happens in one person’s case may not necessarily be what happens in someone else’s. That is especially true if one of those people is a habitual offender or was found doing something illegal with a particularly dangerous substance.
It is crucial to understand the broad categories which state law sorts drug-related offenses into so you can understand what options you have for contesting your charges and what the best course of action might be. Here are some of the drug charges that our experienced drug defense lawyers most often help people fight against.
PENALTIES FOR DRUG POSSESSION OR DISTRIBUTION IN CITRUS PARK
The penalties you face if convicted of drug possession or distribution depend on the drug in question. Many possible sentences are listed in Arizona Criminal Code Title 13, Chapter 34. In general, these charges may lead to fines, jail time, and/or community service upon conviction.
Under A.R.S. §13-901.01, Arizona requires probation for anyone convicted of drug possession or drug paraphernalia. The length of a probationary sentence depends on the type of drug and other circumstances.
Drug possession is the most straightforward type of drug charge in Citrus Park and the type which has changed most dramatically in terms of how police and the court system handle it. Thanks to “Prop 200,” first-time and second-time offenders for simple drug possession generally cannot be sentenced to jail or prison time upon conviction, and will instead be sentenced to probation and required to complete drug abuse treatment. That said, possession of certain types of drugs—most notably, methamphetamine—can still be prosecuted as a felony offense even for first-time offenders.
LEGALIZATION OF MARIJUANA IN ARIZONA
According to the Arizona Supreme Court, it is legal for those aged 21 and over to buy, use, and possess marijuana (in amounts of one ounce or less). Additionally, a person can grow and process up to six marijuana plants. These must be in their home and grown for personal use, not for selling to others.
However, it is illegal to consume marijuana in public, drive under the influence, or violate other laws due to marijuana use. The local drug attorneys at our firm can further explain the state laws concerning marijuana.
DRUG MANUFACTURE AND DISTRIBUTION
With virtually no exceptions, anyone found to have cultivated, manufactured, distributed, or sold controlled substances of any kind—including marijuana outside of a licensed dispensary—will find themselves facing felony-level charges. In particular, offenses involving “narcotic” and “dangerous” drugs are prosecuted especially severely, often as Class 2 felonies carrying between three and 12.5 years of prison time for convicted first-time offenders.
POSSESSION WITH INTENT TO DISTRIBUTE
As mentioned above, possessing a certain amount of a controlled substance can be taken as evidence of “intent to distribute,” as can the presence of items associated with drug distribution like scales, baggies, and large amounts of cash. For example, the “threshold amount” of cocaine in this context is nine grams, so anyone found to have more than nine grams of cocaine on their person or in their possession in some other way will likely be prosecuted for drug distribution rather than simple possession. This may happen unless they can successfully prove that the law’s presumption in that regard is not accurate.
POSSESSION OF DRUG PARAPHERNALIA
Finally, possession of “paraphernalia” related to the use, distribution, or manufacture of drugs is a criminal offense in Citrus Park with or without the presence of controlled substances with that paraphernalia. This includes items like bongs, syringes, planting and growing supplies, and all manner of similar items. Like other simple possession charges, though, this type of drug charge in Citrus Park is typically treated as a Class 1 misdemeanor punishable by probation rather than jail time for first-time and second-time offenders.
Citrus Park Drug Crime Lawyer Near Me 480-400-5555
DEFENDING AGAINST SUBSTANCE-RELATED CHARGES
A conviction on drug charges can impact a person’s career, educational opportunities, and reputation. Without legal representation from a Citrus Park lawyer, drug charges can also lead to jail time and significant fines.
The skilled attorneys at Grand Canyon Law Group can help fight drug charges for a better outcome. A strong defense strategy is essential to clear an accused person’s name and avoid harsh penalties.
DRUG DIVERSION PROGRAMS
Some people may qualify for a diversion program after a drug arrest. According to the Maricopa County Attorney’s Office, these programs offer an opportunity to avoid a conviction and keep the incident off one’s record.
Diversion is essentially a contract between the alleged offender and the prosecution. The defendant in the case agrees to meet the stipulations set by the prosecutor to have their charges dropped or never filed. If the defendant fails to meet the diversion requirements, they could still face charges and a conviction.
There are other names for diversion in Arizona as well. Some people refer to this same program as a deferred sentence or deferred prosecution. Those accused of drug crimes should discuss their legal options with an experienced lawyer in Citrus Park.
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PENALTIES FOR DIFFERENT TYPES OF DRUGS
Thanks to “Prop 200,” first- and second-time drug possession convictions cannot result in jail or prison time as long as the drug the defendant possessed was for their own personal use. Courts typically sentence these offenders to a term of probation and mandatory completion of a drug treatment program, and the offense will generally be treated as a Class 1 misdemeanor even if it would otherwise be treated as a felony offense. Possession of under an ounce of marijuana for personal use is legal, and possession of between one and 2.5 ounces is a petty offense punishable by no more than a $100 fine.
For third-time and subsequent offenders, a simple possession charge may have more serious consequences. For example, under Arizona Revised Statutes §13-3407, possession of a “dangerous drug” can be treated as a Class 4 felony, potentially carrying between four months and two years of prison time for someone with no prior felony convictions, and possession of LSD, amphetamines, methamphetamine, or phencyclidine (PCP) cannot be downgraded to a Class 1 misdemeanor even for first-time offenders. A lawyer in Citrus Park can explain more about which substances carry specific drug penalties.
The penalties you may face for a drug-related criminal conviction can be very different from those of another person with similar charges. Each criminal drug case is unique and complicated, and they are not something you want to try fighting on your own.
Even first-time offenders can face felony-level repercussions for drug offenses, and people accused of producing, distributing, or possessing with “intent to distribute” are especially likely to find themselves facing years of imprisonment upon conviction.
Citrus Park drug penalties vary from case to case depending on your personal history of drug-related convictions, the circumstances under which you were arrested, and the specific drug involved in your offense. Here is a broad overview of how state law approaches this matter most of the time.
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THRESHOLD AMOUNTS FOR CONTROLLED SUBSTANCES
State law imposes harsh penalties on people who manufacture, sell, or possess with intent to sell any controlled substance. For instance, A.R.S. § 13-3407 generally treats doing any of these actions with a “dangerous drug” as a Class 2 felony punishable by between three and 12.5 years of imprisonment for even a first-time felony offender.
The law also establishes a “rebuttable presumption,” which assumes someone who possesses more than the following threshold amounts of certain substances has an intent to distribute:
- Nine grams or more of cocaine, amphetamine, and/or methamphetamine
- One gram or more of heroin
- 0.75 grams or more of crack
- Four grams or more of PCP
- 50 dosage units or 0.5 milliliters or more of LSD
- Two pounds or more of marijuana
- Any amount of any other controlled substance with a street value equaling or exceeding $1,000
Repeat offenders are subject to even harsher sanctions upon conviction, as our seasoned Citrus Park attorneys can explain.
CALL A CITRUS PARK DRUG LAWYER TODAY
Do not risk your future and freedom by attempting to resolve substance-related charges alone. A Citrus Park drug lawyer at Grand Canyon Law Group can give you the best chances of a positive outcome by building a tailored defense strategy on your behalf. Contact us today to set up a consultation and learn how we can work tirelessly for you.
Call or text 480-400-5555 or complete a Free Case Evaluation form