Phoenix Drug Trafficking Attorney
Many criminal cases involve allegations related to the possession of illegal drugs. State law says that a first conviction for these offenses may require a court to sentence a person to drug treatment and time on probation instead of a prison sentence.
However, not every drug case has this built-in second chance. When the amount of drugs that a person supposedly has in their possession meets a legal minimum, prosecutors and courts will treat these matters as examples of trafficking. In these cases, it is essential to work with an experienced Phoenix drug crime lawyer to defend against severe penalties. At Grand Canyon Law Group, a Phoenix drug trafficking lawyer could provide more information about what this means and how to fight back against these serious allegations.
For a free legal consultation with a drug trafficking lawyer serving Phoenix, call 480-400-5555
THE CONCEPT OF DRUG TRAFFICKING UNDER STATE LAWS
Arizona Revised Statute § 13-3407 describes the offense of drug possession with the intent to distribute illegal substances. Under the statute, a conviction is a class 2 felony that can bring a three-year prison sentence for a first conviction with mitigating circumstances, or even a 12.5-year prison term if aggravating factors are present.
Even with this in mind, trafficking may trigger different provisions under the law. This is because trafficking charges allege that a person has distributed or intends to distribute the substance in mass quantities. Because of this, the state’s law concerning threshold amounts may apply.
THRESHOLD AMOUNT FOR DRUG TRAFFICKING IN PHOENIX
AZ Rev. Stat. § 13-3401(36) defines the concept of a threshold amount. This is the amount of drug that a person may have in their possession that triggers enhanced sentencing mandates upon conviction.
The specific amount will vary based upon the type of alleged drugs in the case. For example, a single gram of heroin satisfies this requirement, while the threshold barrier for cocaine is nine grams. Under the state’s core drug law, a conviction for trafficking that meets this threshold amount means that a court cannot suspend a prison sentence or order probation instead of jail time. Our local drug trafficking attorneys work diligently to avoid these outcomes.
Phoenix Drug Trafficking Lawyer Near Me 480-400-5555
FIGHTING BACK AGAINST DRUG TRAFFICKING ALLEGATIONS
A drug trafficking charge alleges that a person has moved or intends to move large amounts of drugs. As a result, a defense against these charges can attempt to disprove any of these elements.
One option is to contest the identity of the supposed drugs. A lawyer at our Phoenix office could question the scientific methods used to identify a substance or argue that the amount of drugs in question does not satisfy the threshold amount.
It may also be possible to present evidence that a person did not actually distribute drugs or lacked the intent to do so. The skilled attorneys at our firm can work to dispute the prosecution’s assumptions concerning packaging materials, measuring tools, or large amounts of cash. This could help to create reasonable doubt among jurors.
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HOW TO ADEQUATELY PREPARE FOR A DRUG TRAFFICKING CASE
Preparing for a drug trafficking case requires careful planning and close collaboration with your attorney. Start by gathering all relevant documents, including police reports, arrest records, and any evidence related to the cause. Be honest and open with your lawyer about the details of the incident, as this helps them build a strong defense. Your Phoenix criminal defense lawyer can review the key evidence, such as search and seizure procedures, and check for any legal violations that can help your case.
It’s also important to stay organized and attend all court hearings. Follow your attorney’s advice carefully and make sure you understand each step of the process. If there are any potential witnesses or individuals who can help your case, let your lawyer know. Preparing mentally for the legal journey ahead and being proactive can make a significant difference in the outcome of your case.
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FAQs
Q: What Evidence Is Needed for Drug Trafficking?
A: In a drug trafficking case in Phoenix, evidence typically needed includes physical proof such as drugs, drug paraphernalia, or weapons linked to the trafficking operation. Law enforcement may present surveillance footage, wiretaps, or witness testimony to establish the defendant’s involvement in trafficking activities. Financial records showing large sums of money or transactions may also be relevant.
Q: How Do You Beat a Drug Trafficking Charge?
A: Beating a drug trafficking charge often involves challenging the evidence presented by the prosecution. A skilled lawyer may question the legality of the search and seizure or argue that the evidence was obtained improperly. They may also challenge the accuracy of drug identification tests or the credibility of witnesses. In some cases, proving a lack of knowledge or intent or showing that the drugs were for personal use can be key to a favorable outcome.
Q: What Is the Minimum Sentencing for Drug Trafficking?
A: The minimum for sentencing for drug trafficking will vary depending on the amount and type of drugs involved, as well as the jurisdiction. Generally, drug trafficking charges carry serious penalties, often including mandatory prison sentences. The severity of the sentence is influenced by aggravating factors such as prior criminal history or the presence of certain circumstances, like trafficking near schools.
Q: How Expensive Is a Drug Trafficking Lawyer?
A: The cost of a drug trafficking lawyer can vary based on factors like the complexity of the case, the lawyer’s experience, and location. Generally, drug trafficking cases are serious, so legal fees can be higher than for less severe charges. Lawyers may charge hourly rates or a flat fee, and the overall cost can increase if the case goes to trial. It’s important to discuss fees upfront and explore payment options to ensure you can manage the legal costs.
Q: How Can a Drug Trafficking Lawyer Help Me?
A: A drug trafficking lawyer can help by reviewing the evidence against you, identifying weaknesses in the prosecution’s case, and building a strong defense. They can assess whether your rights were violated during the arrest or search and challenge any illegally obtained evidence. Your lawyer can negotiate plea deals to reduce charges or penalties and represent you in court if the case goes to trial.
SPEAK WITH A PHOENIX DRUG TRAFFICKING ATTORNEY TODAY
Allegations that you trafficked drugs in the community are the most serious charges related to illegal drugs under state law. A conviction means that a court must impose a mandatory minimum prison sentence of three years for even a first offense. Subsequent convictions and aggravating factors can result in decades spent in prison.
A Phoenix drug trafficking lawyer at Grand Canyon Law Group is ready to represent your interests and protect your freedoms. Our team can evaluate the police work that led to an arrest, defend against presumptions of distribution, and contest whether the drugs in question meet the statutory threshold. Reach out to us today to discuss your case.
Grand Canyon Law Group – Phoenix, AZ Office
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