Tucson Drug Possession Crimes Attorney
Substance abuse is a problem that affects not only a person using drugs, but the person’s family, their work, and their relationships. In Arizona, an arrest or conviction for a drug offense is a very serious matter. As a Tucson drug possession crimes attorney that defends all drug charges such as possession, distribution, and sale of drugs, I have successfully represented numerous people charged with drug offenses. If you or your loved one has been charged with a drug offense, it is very important to consult with an experienced attorney.
As a Tucson drug possession crimes attorney that defends all drug charges such as possession, distribution, importation of drugs, and sale of drugs, I have successfully represented numerous people charged with drug offenses. If you or your loved one has been charged with a drug offense, it is very important to consult with an experienced attorney. I can guide you towards the best possible resolution of your drug charges. Although sometimes the best course of action is to mount a vigorous defense and to challenge the constitutionality of the evidence, other times, avenues such as substance abuse treatment, drug court, or diversion can lead to a dismissal of the charges.
Types of Arizona Drug Offenses
In Arizona, drug offenses can be broken down into 3 major types:
- Personal Drug Possession. This type of drug offense is commonly knows as “simple drug possession.” The prosecutor will charge a person with simple drug possession when there is no evidence to prove that the person intended to sell the drugs. A simple drug possession charge in Arizona can be charged as felony or misdemeanor, depending on the type of drug, that is whether it is a dangerous or non-dangerous drug. For example, simple possession of a small amount of marijuana will usually be charged as misdemeanor, whereas possession of a small amount of cocaine or heroin will be charged as a felony.
- Possession of Drugs for Sale or Sale of Drugs. Arizona makes it a felony to possess a drug with the intent to sell, or to sell an unlawful drug. Unlike the sale of drugs, the law does not actually require a sale to be guilty of possession for sale of drugs. The evidence collected by the police during its investigation will be crucial for the prosecutor to prove that a person intended to sell the drugs. Some factors that go into determining whether a person had the intent to sell drugs include: the quantity of drugs, how the drugs are packaged, packaging materials found, recorded conversations, undercover police officer evidence, amount of money found, notes, ledgers, or logs of drug sales.
- Transportation of Drugs. In Arizona, a conviction for transporting drugs is a felony. Arizona law provides that “A person shall not knowingly transport for sale, import into this state or offer to transport for sale or import into this state, sell, transfer or offer to sell or transfer a [drug].” In a case for transportation of drugs, the prosecutor must be able to prove that the person both knew that drugs were being possessed, and that his or her purpose in possessing the drugs was to transport them.
Defenses to Drug Crimes
There are defenses that may be available to a person charged with simple possession of drugs, possession of drugs for sale, sale of drugs, or drug manufacturing. As an experienced Tucson drug possession crimes attorney, I can investigate your case and hold the prosecutor to his or her burden of ensuring that all evidence was collected in a constitutional manner, as well as holding the prosecutor to his or her burden of proving guilt beyond a reasonable doubt. For example, in the course of a drug investigation, the police may use confidential informants, wiretaps, bodybugs, undercover police, search warrants, and K-9’s. Challenging the manner of the investigation is always an essential component any criminal drug defense.
Alternatives to Jail and Proposition 201
There are other avenues that an experienced attorney can also pursue that could result in dismissal of drug charges or avoiding jail sentences. Under Proposition 201, a person convicted for a first or second offense of simple drug possession of certain drugs can avoid jail. Also, in Pima County, a person may be eligible for Deferred Judgment Drug Court, or Post Conviction Drug Court, under certain circumstances. These are alternatives to incarceration that focus on substance abuse treatment in a non-adversarial manner.