Phoenix Drug Possession Lawyer

Phoenix Drug Possession Attorney

Alleged drug possession comprises a significant portion of the criminal cases that appear before Phoenix courts. Even so, these are no minor offenses. Possessing even a small amount of drugs deemed “dangerous” can be a felony-level offense with severe penalties. Repeat convictions come with mandatory prison sentences that vary depending on the type and amount of drug.

At Grand Canyon Law Group, a Phoenix drug possession lawyer can provide the relentless representation you need when facing substance-related allegations. Our dedicated defense attorneys work to ensure that you understand the law, evaluate why an arrest took place, and strive to protect your rights at every opportunity in your case involving possessing illegal substances.

DRUG POSSESSION LAWS IN PHOENIX

Arizona uses various statutes to criminalize the possession of all types of street drugs, except small amounts of marijuana. According to Arizona Revised Statute § 13-3407 and 13-3408, it is against the law for any person to possess or use a dangerous drug. These dangerous drugs include:

• Cocaine and its derivatives
• Opiates, such as heroin or fentanyl
• Hallucinogens
• Methamphetamine

At the basic level, possessing an illegal substance is a class 4 felony.

PENALTIES FOR POSSESSING ILLEGAL SUBSTANCES

A first conviction for possession of an illegal drug for personal use may, in many cases, lead to a probation sentence, according to AZ Rev. Stat. § 13-901.01. This probation includes required attendance in drug addiction or education classes.

However, second or subsequent convictions can result in lengthy prison sentences. For example, a second drug possession case can result in a minimum jail sentence of 1.1 years, with mitigating factors. Aggravating factors could lengthen this sentence to as long as 3.7 years.

Additionally, amounts of drugs greater than the statutory threshold also expose a defendant to extended prison sentences. A local attorney at our firm can further explain the state’s complex drug laws regarding possession.

DEFENSE STRATEGIES FOR DRUG POSSESSION CHARGES

Most people think that the role of a defense attorney is to present evidence at trial. However, our Phoenix drug possession lawyers can also provide crucial assistance from the moment an arrest occurs. A lawyer can be present during all police questioning how a person allegedly came to possess illegal drugs. Legal counsel could also help to challenge the actions of police during a search of private property.

The Grand Canyon Law Group also provides assistance during all court sessions. This can include arguing for fair bail terms during arraignment or challenging the admissibility of evidence during pre-trial motions. Of course, if a case does go to trial in Phoenix, our skilled attorneys are ready to present evidence on behalf of those accused of drug possession. We are prepared to cross-examine the State’s witnesses and raise the concept of reasonable doubt in jurors’ minds.

HOW A DRUG POSSESSION LAWYER CAN HELP

A drug possession lawyer can be an invaluable resource in defending against charges. They can review the details of your case, examining whether your rights were violated during the arrest. This may be the case if a search was conducted illegally. Lawyers can work to challenge the evidence against you. This can include questioning the validity of drug tests or arguing that you weren’t aware of the drugs in your possession.

Lawyers can also negotiate with prosecutors for reduced charges or penalties, possibly securing alternatives to jail time, such as rehabilitation or diversion programs. If the case goes to trial, they can provide strong representation, presenting a compelling defense. A trusted lawyer can help to ensure that you receive fair treatment throughout the entire legal process.

FAQs

Q: How Long Do You Go to Jail for Drug Possession in Arizona?

A: The length of jail time for drug possession in Arizona depends on factors like the type and amount of drugs involved, as well as any prior criminal history. For possession of less serious drugs, penalties may include probation or short jail sentences. However, for possession of more serious drugs or larger amounts, the sentence can be more severe.

Q: How Do You Win a Drug Possession Case?

A: Winning a drug possession case often involves challenging the legality of the search and seizure. If the police did not have a valid reason or warrant to search you or your property, any evidence that was gathered could be inadmissible. A lawyer can argue that you did not knowingly possess the drugs or that they were meant for personal use, not distribution. Additionally, questioning the accuracy of drug tests or witness credibility can help.

Q: How Expensive Is a Drug Possession Attorney?

A: The cost of a drug possession attorney can vary depending on factors like the complexity of your case, the attorney’s experience, and your location. Typically, lawyers charge either an hourly rate or a flat fee for handling drug possession cases. While the cost might be more affordable than for more serious crimes, legal fees can still add up, especially if the case goes to trial. It is vital that you are financially prepared for your case.

Q: Do I Need a Drug Possession Attorney?

A: Yes, having a drug possession attorney is highly recommended. Even for less serious possession charges, the legal consequences can be significant, including fines, probation, and jail time. An attorney can help to protect your rights, ensure proper procedures are followed during your arrest, and develop a successful defense strategy. They can negotiate with the prosecution for reduced charges and penalties and guide you through the complex legal process.

Q: What Is the Minimum Sentence for Drug Possession?

A: The minimum sentences for drug possession can vary depending on factors such as the type and quantity of drugs involved, any prior convictions, and the specific laws in your jurisdiction. In some cases, a conviction may result in probation or a short jail sentence, especially for first-time offenders or possession of small amounts. However, more serious offenses, like possession of large quantities or certain drug types, can carry harsher penalties.

LET A PHOENIX DRUG POSSESSION ATTORNEY PROTECT YOUR RIGHTS

Allegations involving alleged drug possession are serious matters. Although a first conviction cannot result in jail time, it is likely to lead to a criminal record that can profoundly impact many aspects of your life. Second convictions carry a presumption of prison time, even for trace amounts of a substance. As such, it is essential that you begin building an effective defense as soon as possible.

Talking with a Phoenix drug possession lawyer could be the first step toward a better outcome. The Grand Canyon Law Group will take every necessary measure to protect your rights and way of life. Reach out to our team now to schedule a consultation.

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