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Phoenix Drug Crimes Lawyer

The war on drugs has been waged for over fifty years and has done little to stop the use of illicit drugs in America. What it has done is lead to mass incarceration and the broadening of police powers. Depending on the circumstances, a drug offense process in Arizona could involve anything from diversion, where the defendant participates in a program to earn a dismissal of his or her charges, to a lengthy prison sentence. If you or somebody you love was charged with a drug crime in Arizona, speak to a top Phoenix drug crimes lawyer at Stone Rose Law today.

Types of Drug Offenses in Arizona

In Arizona, illegal drugs are broken down into two categories, narcotic drugs, and dangerous drugs. Simple possession of either narcotic drugs or dangerous drugs is a class 4 felony. At Stone Rose Law, our drug crimes attorneys handle all types of drug offenses and have an extensive background dealing with drug-related criminal cases. If you have been arrested, it is vital to immediately learn more about the charges you may be facing and consult with a Phoenix criminal lawyer experienced in drug crimes to discuss your options for a legal defense.

Stone Rose Law can handle all types of misdemeanor and felony drug offenses, including:

  • Drug possession
  • Possession of drug paraphernalia
  • Drug Sales
  • Drug Possession for Sale
  • Prescription fraud
  • Drug trafficking
  • Drug distribution
  • Manufacturing drugs
  • Drug cultivation
  • Drug smuggling
  • Drug DUI

Penalties for Drug Crimes in Arizona

Probation is usually available for these offenses, and in fact, is required in most cases. However, if a person is not probation eligible, refuses to participate in substance abuse treatment, or commits a significant violation of their probationary terms, they could be sentenced to 3.75 years in prison for a first offense.

Defenses to Drug Offenses

The State must prove beyond a reasonable doubt that the defendant knowingly possessed it to obtain a conviction for possession of an unlawful drug. Arizona statutes define “possession” as the exercise of dominion or control over the item possessed. Note that “possession” can be actual or constructive. An example of actual possession would be if someone knowingly has a bag of cocaine, a narcotic drug, in the pocket of their pants. Meanwhile, suppose drugs are found in a warehouse controlled by a defendant. In that case, he may be deemed to be in constructive possession of the warehouse’s contents if it can be demonstrated that he controlled the warehouse’s contents and knew the drugs were present inside. Note that a person’s mere presence near contraband is insufficient in and of itself to prove that he or she possessed it.

If you have been charged with a drug offense, it is vital that you refuse to answer questions. It is just as crucial that you retain an experienced Phoenix drug crimes attorney who knows how to present the facts in a manner designed to give you the best outcome possible. To do this, call Stone Rose Law now for a free consultation.

Proposition 200 & Drug Offenses

Proposition 200 was passed some years ago and guarantees those charged with the personal possession of a controlled substance a sentence involving probation. This means that eligible defendants who are convicted of a drug offense cannot be sentenced to a term of incarceration unless the Court has previously determined that they have failed or refused to participate in substance abuse treatment. If such a finding is made, then the person is no longer eligible for probation and must be sentenced to term of imprisonment.

Exclusions to Prop. 200 Protections

Prop. 200 applies to everyone except for those who have:

  • been convicted three times of personal possession of a controlled substance or drug paraphernalia;
  • refused to participate in drug treatment;
  • rejected probation; or
  • have been convicted of the personal possession or use of a controlled substance or drug paraphernalia and the offense involved methamphetamine.

Those who have been convicted of a violent crime are also excluded from Prop. 200’s protections.

Schedule a Free Consultation With a Phoenix Drug Crimes Attorney

A drug conviction can have tremendous consequences, including deportation, the loss of federal student aid, an inability to rent a residence, and difficulties with employment. If you have been charged with a drug crime do not try to navigate the justice system alone. You need experienced and aggressive representation. Stone Rose Law can help. We offer a free consultation to discuss your potential case with you in greater detail. You can schedule this virtual or in-person meeting now through our contact form online or calling our law office. One of our Phoenix drug crimes lawyers can be reached 24/7 by calling (480) 498-8998.