Tolleson Drug Crime Attorney
Many situations could lead to you being arrested or charged with substance-related offenses. At the most basic level, state law still prohibits the simple possession of scheduled substances and prescription medications without a doctor’s note. Additionally, the laws that punish the supposed distribution of these substances are among the harshest in the nation. In many cases, convictions come with mandatory-minimum prison sentences.
If you have been arrested and charged with a drug crime, you must act swiftly to protect yourself. Talking with a Tolleson drug lawyer is the first step in defeating the case against you. At Grand Canyon Law Group, our skilled attorneys work to explain the state’s drug laws and how they apply to your case. We then identify realistic goals and take all necessary steps to protect your rights and freedoms during all court sessions.
For a free legal consultation with a drug crime lawyer serving Tolleson, call 480-400-5555
TYPES OF DRUG CHARGES IN TOLLESON
There are few things more heavily regulated than narcotics and other controlled substances. Countless criminal charges stem from the possession, use, or ownership of these drugs, and the consequences of a conviction are steep.
When you have questions about the types of drug charges in Tolleson, an experienced drug defense attorney could provide the answers you need. This is especially important if you have been arrested on the basis of one of these offenses.
POSSESSING A CONTROLLED SUBSTANCE
The type of drug offense that results in the most arrests in Tolleson each year is the possession of a controlled substance. This is a serious charge, but its specific nature depends on a few different factors. A person will face steeper potential penalties for having a greater volume of drugs, and the specific substance involved is also important as well.
Unlike other offenses, possessing an illegal drug can be charged as either a misdemeanor or a felony. In general, misdemeanor charges are primarily brought when a person is caught with a small amount of marijuana.
MANUFACTURE AND CULTIVATION
There are steeper consequences for certain actions involving illegal drugs beyond merely possessing them. One of the most serious offenses involves the manufacture of illegal drugs.
The state treats this offense harshly for a reason. While having drugs for personal use is one thing, creating them with the intent to provide them to others is another level of offense. That is why the law always considers this a felony.
The term “cultivation” is used when it comes to drugs like marijuana. The growth of these plants falls under the same prohibition as manufacturing street narcotics like heroin.
POSSESSION WITH INTENT TO SELL
The state has adopted multiple criminal statutes related entirely to the possession of drugs. The specific charge you face will depend on the circumstances that surround the arrest.
Confusingly, the state never has to prove that a person actively sold drugs to qualify for the steeper penalties that come with that charge. Instead, they only need to show possession with an intent to transfer, sell, or give a controlled substance to someone else.
One of the most important factors in these cases is the amount of the drug in question. Amounts that are too large for one person to consume in a reasonable amount of time could be evidence of intent. The same is true when it comes to how these substances are packaged. Prosecutors in Tolleson will take interest in cases where a large amount of drugs is individually packaged. Police will also look for additional items like scales, mirrors, and small plastic baggies that are evidence of commercial intent.
DRUG PARAPHERNALIA
Not all these charges in Tolleson are directly related to controlled substances. The law also prohibits the possession or sale of drug paraphernalia, which are accessories that people use in conjunction with taking drugs.
These items can vary dramatically from one substance to another. Paraphernalia related to marijuana use often involves pipes or bongs, while heroin users are more likely to have needles in their possession.
Tolleson Drug Crime Lawyer Near Me 480-400-5555
DRUG PENALTIES IN TOLLESON
The penalties for drug crimes can be severe, especially if you have faced drug charges in the past or if you have been accused of manufacturing, distributing, or possessing with “intent to distribute” any controlled substance.
Tolleson drug penalties can vary dramatically from case to case, and the maximum possible penalty a court is legally allowed to impose will not always be the penalty they actually pass down. A capable drug lawyer at Grand Canyon Law Group knows how to do things the right way. We can help you understand what penalties you may face in your specific situation and mitigate those penalties as much as possible through an effective defense.
MARIJUANA PENALTIES
Possession of marijuana for recreational use is now legal in Arizona, but there are still some significant legal restrictions on marijuana possession, distribution, and manufacturing. Possessing over one ounce but less than 2.5 ounces of marijuana for personal use is a petty crime for first-time offenders, generally punishable by no more than a $100 fine.
Possessing more than 2.5 ounces of marijuana for personal use can be prosecuted as a Class 6 felony punishable by between four months and two years of imprisonment, although it can be downgraded to a Class 1 misdemeanor. Possessing more than 2.5 ounces of marijuana for distribution outside a licensed dispensary is always a felony and can be treated as a Class 2 felony, carrying between three and 12.5 years in prison for a first-time conviction if it involves trafficking more than two pounds of marijuana. A lawyer in Tolleson could argue for lesser drug penalties for people accused of possessing marijuana.
NEW PENALTIES FOR FIRST-TIME AND SECOND-TIME POSSESSION
By law, possession of any amount of a controlled substance other than marijuana is a felony offense, with the class varying based on the specific substance(s) involved. Due to the recent passage of Proposition 200, first-time and sometimes second-time drug possession offenders will generally have their charge reduced to a misdemeanor and will be sentenced to probation and mandatory drug treatment or counseling rather than jail or prison time.
FELONY DRUG CHARGE PENALTIES
Repeat drug possession offenders are often prosecuted as felons. Possession of cocaine, heroin, or another narcotic is typically prosecuted as a Class 4 felony with a sentencing range for first-time felony offenders of one to 3.75 years in prison. Manufacturing and distribution of both narcotic and “dangerous” drugs are considered Class 2 felonies and punishable by the same sentencing range mentioned above, even for first-time offenders. A lawyer who is experienced in Tolleson drug penalties could make a case for a lower class of charges or a shorter prison sentence.
The specific penalties you face for a drug-related offense may be very different from those faced by someone else accused of the same crime. You will want a former prosecutor now working as a defense attorney at Grand Canyon Law Group on your side sooner rather than later if you want to minimize the punishment you could face because of your charges.
Our legal team can discuss possible Tolleson drug penalties and strategies for mitigating your potential sanctions in more detail during a confidential consultation. Schedule yours by calling today.
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ILLEGAL POSSESSION OF DRUGS IN TOLLESON
Many states have taken steps to decriminalize the possession of small amounts of drugs or even to make these substances outright legal to own. Unfortunately, Tolleson is not located in one of these states. As a result, possessing even a trace amount of an illegal substance can still bring severe criminal penalties.
A common example is Arizona Revised Statute § 13-3405, which deals with the possession of marijuana. Under this statute, possessing even a small amount of marijuana remains a class 6 felony. Thankfully, other portions of state law say that a conviction for possession of illegal drugs requires a court to sentence a person to probation that may include mandatory drug treatment courses. While this is certainly better than jail time, it can still be a costly disruption to a person’s life.
Similar concepts apply to other drug possession cases. AZ Rev. Stat. § 13-3407 describes the penalty for possessing most other illegal substances as class 4 felonies. While the same presumption of probation exists for a first conviction, subsequent cases will come with mandatory-minimum prison sentences. A local attorney at our firm is ready to fight against charges that allege illegal drug possession.
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CASES THAT ALLEGE THE SALE OR TRAFFICKING OF ILLEGAL DRUGS
While cases that allege the possession of illegal drugs may allow a person to avoid jail time after a conviction, charges for the distribution of these substances do not provide this option. Instead, state law classifies the distribution of illegal drugs (except marijuana) as a class 2 felony. Here, a first conviction with mitigating circumstances will result in a three-year prison sentence. If aggravating circumstances are present, judges must sentence a guilty party to 12.5 years in prison.
Charges are even more severe if they allege the trafficking of these substances. The concept of trafficking applies when the amount of a drug crosses the threshold amount defined in AZ Rev. Stat. § 13-3401(36). This amount will vary depending on the type of drug involved in the case. If a case involves more than this threshold amount, a judge cannot suspend any resulting prison sentence. When the stakes are this high, it is crucial for those facing allegations of drug distribution to seek legal counsel from a lawyer at our Tolleson office.
CONTACT A TOLLESON DRUG ATTORNEY NOW
Law enforcement and prosecutors in the Tolleson area take allegations of illegal drug possession and distribution seriously. Having even a small amount of marijuana in one’s possession can justify an arrest and prosecution. Even more concerning are cases that move forward under the state’s drug distribution laws. Here, a conviction will label you as a felon and require a mandatory minimum prison sentence for a first offense.
A Tolleson drug lawyer wants to help you avoid these outcomes. The attorneys at Grand Canyon Law Group can work to evaluate the reason for an arrest and convince a judge to exclude damaging evidence. We can also make arguments for fair bail conditions and cross-examine state witnesses to create reasonable doubt in jurors’ minds. Speak with us today to explore your options.
Call or text 480-400-5555 or complete a Free Case Evaluation form