Being charged with a drug-related criminal offense can be a life-altering experience. Depending on the substance, amount, and actions involved in the allegations, the Arizona statute that applies to your case can vary drastically. A Phoenix drug crime lawyer offers compassionate guidance.
At Grand Canyon Law Group, we protect the rights of those facing drug charges. We have over 100 years of combined experience helping our clients. If you are facing charges, our dedicated Phoenix criminal defense lawyers can help. Call us today to learn more about your next steps.
Phoenix Drug Crime Attorneys Who Are Always There for You
Our Phoenix drug crime attorneys focus exclusively on criminal defense, so we understand what is at stake and know how to build a strong defense from the start. We are available 24/7 and make it easy for you to reach your legal team when you need answers or guidance.
When you hire us, you are not relying on one attorney to handle everything alone. You become part of a large, dedicated team that works together on your case. Our attorneys, paralegals, and support staff collaborate to keep your case moving forward and make sure important details do not get overlooked.
For a free legal consultation with a drug crime lawyer serving Phoenix, call 480-400-5555
Our Phoenix Drug Crime Lawyers Handle a Wide Range of Charges
Drug crime charges can range from simple possession to serious felony offenses involving the sale, distribution, or trafficking of controlled substances. Our Phoenix drug crime attorneys understand how serious these cases can be and have the experience to defend clients against a wide range of drug-related charges.
Our Phoenix drug crime attorneys also serve as:
- Phoenix drug distribution lawyers: Drug distribution charges involve allegations that a person sold, delivered, transferred, or otherwise supplied a controlled substance to another person.
- Phoenix drug manufacturing lawyers: Drug manufacturing charges generally involve allegations that someone produced, prepared, processed, or synthesized an illegal controlled substance.
- Phoenix drug paraphernalia lawyers: Drug paraphernalia charges involve items that law enforcement claims were intended for use in connection with illegal drugs.
- Phoenix drug possession lawyers: Drug possession charges involve allegations that a person knowingly possessed an illegal controlled substance. Possession does not always mean the drugs were found directly on someone’s body.
- Phoenix drug trafficking lawyers: Drug trafficking charges are among the most serious drug offenses. They generally involve allegations of transporting, selling, distributing, or possessing controlled substances in quantities or circumstances that fall under Arizona’s trafficking laws.
A criminal charge does not define who you are, and we believe you deserve to be treated with respect throughout the legal process. Every drug case has its own facts, and the right defense depends on the circumstances. We will work to understand what happened and pursue the strongest defense available under the law.
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Types of Drug Possession Charges
Federal law divides controlled substances into one of five “schedules” based on the perceived dangers of abuse and the number of legitimate medical uses of each substance. Arizona law instead categorizes most controlled substances as “narcotic drugs” or “dangerous drugs.”
State law also separates marijuana, peyote, prescription drugs, and inhalants into distinct categories. Each has unique sentencing ranges and penalty structures for possession charges, which our experienced local attorneys can further explain. Our experienced Phoenix prescription drug lawyers can explain your charges in detail.
These categories of controlled substances and the criminal classifications assigned to different actions involving them are defined in Arizona Revised Statutes §13-3402 through 13-3408.
More specifically, the following statutes address different substances:
- Peyote – A.R.S. §13-3402
- Inhalants – A.R.S. §13-3403
- Precursor substances and other regulated chemicals – A.R.S. §13-3404
- Marijuana – A.R.S. §13-3405
- Prescription drugs – A.R.S. §13-3406
- Dangerous drugs – A.R.S. §13-3407
- Narcotic drugs – A.R.S. §13-3408
“Serious drug offenders” who have demonstrated a pattern of selling and distributing as part of a criminal enterprise or a significant part of their income may be prosecuted harshly. Our drug crime attorneys in Phoenix could further explain these drug charges during a confidential consultation.
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Possible Penalties for Drug Charges in Phoenix
Most drug offenses, including simple possession, are classified as felonies. These carry much more severe consequences than misdemeanor offenses.
When deciding a sentence for a drug conviction, the judge may consider whether the defendant has a prior criminal record, whether a child was involved, and the type and amount of drugs involved.
A Class 1 misdemeanor drug conviction (such as a prescription drug manufacturing without an appropriate license), with no previous charges, could result in up to six months in jail, three years on probation, and a fine of $2,500. A more severe charge, such as Dangerous Drug Possession (a Class 4 felony), could result in up to eight years in jail.
Individuals who are charged with offenses involving drugs often face multiple charges for the same incident. This can result in harsher penalties if the individual is convicted on all charges. Our experienced Phoenix drug crime attorneys can give you a better chance at a favorable outcome.
Short-Term Consequences of a Drug Arrest
Once a drug case starts in court, the judge may establish release conditions for the defendant. These could include submitting to drug tests, checking in with pretrial services, and reporting to certain places. You may be monitored within the community and face restrictions on your freedom of travel.
Additionally, if your employer learns you have been charged with a drug offense, you may be suspended from work. You could even lose your job before the case is adjudicated. Our local drug crime lawyers in Phoenix can protect your future.
For example, a licensed professional like a doctor or a nurse must report the charge to the governing board and let them know the case is pending. The board may suspend their ability to practice until the case is concluded.
Criminal Penalties for Drug Possession
Anyone found in possession of an illegal drug will likely be charged with a felony. In some instances, the state will allow a first-time offender to enter a diversion program and avoid having a permanent criminal record. You may face severe criminal consequences for the possession of large quantities, drug sale charges, or repeat offenses.
The most important factors in determining the severity of penalties for a drug charge include:
- The quantity of the drug possessed
- Whether there is sufficient evidence to prove that you possessed it for sale
- Whether the defendant has previous felony convictions
A conviction on drug charges could result in penalties ranging from probation and mandatory rehabilitation to hefty fines and years in prison.
Special Rules for Drug Charges Involving Personal Use
A.R.S. §13-901.01 sets out special rules for courts when deciding on penalties for someone convicted of drug possession solely for personal use. The court must suspend any jail or prison term and place the defendant on probation unless they refuse probation, refuse drug treatment as a term of probation, or have three or more convictions for this offense.
Courts can and usually do require participation in drug treatment or education for someone on probation for a drug possession conviction. They have the authority to order more intensive treatment, house arrest, community restitution, and other sanctions for anyone found violating their probation or convicted of a second drug possession offense.
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Drug Charges Impact Your Criminal Record
When a drug charge is initially filed with the court, it will appear on your record. The record will show that a case is pending in municipal, justice, or superior court.
Drug convictions will appear in any background checks. This can impact your ability to obtain a job, housing, or public benefits. It can also prevent you from getting student loans, being admitted into school, or obtaining certain professional licenses. Work with our experienced drug crime lawyers in Phoenix who can help avoid the many collateral consequences of a conviction.
The Legal Process for Drug Cases in Phoenix
Arizona prosecutes and has statutes to address all types of drugs, from marijuana to narcotic and dangerous drugs. Mere possession of an illegal drug, no matter what it is, can lead to charges.
Possessing prescription medication without a prescription is a violation of the law, as is possessing drug paraphernalia with intent to use it. Some of the most severe charges allege the possession of drugs or prescription medication for sale.
Our Phoenix drug crime attorneys understand the legal process for drug cases. At Grand Canyon Law Group, our dedicated attorneys have the experience to help resolve your case favorably.
What Happens After I Am Charged With a Drug Offense?
After a traffic stop, the officer could release you from the scene and have charges filed later. This could result in a summons to appear in court.
Behind the scenes, the officer will typically need to have the substance tested by a lab to determine the type and quantity of the drug. In other cases, officers may arrest, book, and charge the person immediately. This is more typical in drug sales cases or other serious charges.
Filing Substance-Related Charges in Phoenix
At the misdemeanor level, like in drug paraphernalia cases, the police will file the charges. Minor offenses will be charged as misdemeanors in the municipalities or Justice Courts. In these circumstances, the police officer files a short-form complaint with the Municipal Court.
For more serious charges, the deputy county attorney is responsible for filing a long-form criminal complaint with whichever court has jurisdiction over the situation. Police officers typically file misdemeanor complaints, while prosecutors file for felonies.
When a charge is filed with the court, it will appear on the person’s record. This will show that they have been charged and that a case is pending. At this stage of the process, it is crucial for those accused of drug offenses to contact a nearby attorney.
Can a Drug Charge Be Dropped Right Away?
Any charge can be dropped immediately, but this is not typically what happens. Usually, there must be some form of adjudication of the case (the person either must plead guilty or go to trial, or the defense attorney must find a maneuver to force the case to get dismissed). This could be because of a constitutional rights violation or a lack of proof that would make the prosecutor unable to pursue the case.
For diversion cases, the prosecution may be suspended while you complete the diversion program. If you complete the program, the case will be dismissed. However, this is different from charges being dropped right away.
If you think you are under investigation for a drug crime, especially if the investigation involves drug sales or large-scale operations, you need to contact an attorney right away. Even those found with paraphernalia or small quantities of a drug need legal representation. At Grand Canyon Law Group, we effectively defend you against these types of charges.
A Drug Crime Attorney in Phoenix Can Defend Your Freedom
Drug charges are not to be taken lightly. Many drug offenses are felonies, carrying with them the potential for years in prison, significant fines, and probation. To ensure that you have the best possible chance at a positive outcome in your case, work with an attorney who understands the intricacies of these cases and is ready to build a strong defense.
A skilled Phoenix drug crime lawyer can fight to have the case dismissed based on improper procedures used by the investigating law enforcement agency, or work to negotiate a favorable plea bargain with the prosecutor.
To learn more about how Grand Canyon Law Group can help you fight your charges, schedule a confidential consultation today.
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