Glendale Drug Crime Lawyer

Glendale Drug Crime Attorney

State law in Arizona takes the possession and distribution of illegal drugs seriously. Whether the substances involved were marijuana, other street drugs, or prescription medications, convictions under the law come with severe penalties. These often include mandatory-minimum prison sentences, even with mitigating sentencing factors.

Working with a Glendale drug lawyer could help you avoid these penalties. At Grand Canyon Law Group, our former prosecutors, now dedicated defense attorneys are here to ensure that you understand the law. We can evaluate the evidence that a prosecutor intends to bring to trial and work to create reasonable doubt about the case that could result in a reduction in the severity of charges or a dismissal of your case.

STATE LAWS FOR THE POSSESSION AND DISTRIBUTION OF DRUGS IN GLENDALE

State law contains several separate statutes that each deal with the different types of illegal drugs. A person possessing even a small amount of an illegal drug can face class 4 felony charges, and convictions can bring lengthy prison sentences. State laws also require people receiving a first or second conviction for drug possession cases to go on probation in most circumstances. This applies to cases involving possession of various types of drugs, from cocaine and heroin to prescription medications without a valid prescription.

DRUG DISTRIBUTION CHARGES

Charges that allege the distribution of these substances are much more serious. For example, AZ Rev. Stat. § 13-3408 says that possessing any narcotic drug for the purpose of selling it is a class 2 felony. This means that a first conviction with mitigating circumstances brings a prison sentence of three years. In the most extreme cases, aggravating circumstances can result in a prison term of up to 12.5 years. It is crucial for those facing drug distribution charges to speak with a nearby attorney at Grand Canyon Law Group about the nature of their case.

TYPES OF DRUG CHARGES IN GLENDALE

There are important distinctions between each drug offense, and many potential consequences can come with a conviction on drug charges. A skilled drug attorney from Grand Canyon Law Group can advise you on the type of charge you face and help you develop the best strategy for fighting a conviction.

When you have questions about the types of drug charges in Glendale you are facing, your attorney can provide you with the answers. Understanding the nature of these charges and the consequences of a conviction is vital for anyone who has been arrested for a drug-based offense.

POSSESSION OF A CONTROLLED SUBSTANCE

Possessing a controlled substance is one of the most common drug-related offenses, covering a range of crimes from carrying unlawful narcotics to possessing medication without a prescription. Depending on the type and quantity of the substance involved, possession charges may result in either misdemeanors or felonies.

There are two types of possession: actual and constructive. Actual is what most people picture when they hear about drug possession. Typically, this means having a controlled substance in hand or on their person. Constructive possession involves control over a drug that is not immediately available. Some examples of constructive possession include having drugs locked in the trunk of a car or hidden beneath someone’s bed.

An attorney in Glendale who is well-versed in types of drug charges can evaluate each case’s specific circumstances and develop effective strategies to minimize potential consequences.

PRESCRIPTION FRAUD

Drug crimes also relate to the possession of prescription drugs. While having a prescription offers an exception to criminal possession charges, it is unlawful to obtain your prescription fraudulently.

Prescription fraud comes in two forms. It can involve a doctor prescribing medication for recreational purposes when it is not medically necessary, and it can also involve a person providing false information to a physician in the hopes of securing drugs they plan on using recreationally.

CULTIVATION OR MANUFACTURING CHARGES

Some of the steepest penalties are for charges related to the growth or creation of controlled substances. Manufacture of narcotics like methamphetamine or LSD is always treated as a felony, and a conviction could result in years behind bars.

The same is true for unauthorized marijuana grow operations. Known as cultivation, it is illegal to grow marijuana plants in the state without some form of authorization. This offense is treated the same as manufacturing other controlled substances.

DRUG TRAFFICKING

This is one of the most severe – and common – drug offenses. Drug trafficking charges are commonly coupled with other offenses. This charge applies additional penalties for those who attempt to transport, sell, or distribute controlled substances.

Trafficking charges are not always related to the direct sale of drugs, however. In fact, possessing a controlled substance in significant amounts could be enough for a prosecutor to bring a charge. A Glendale lawyer with experience in various types of drug charges can help determine whether a trafficking charge should apply to a case.

GLENDALE DRUG PENALTIES

While laws regarding the possession of small amounts of marijuana have changed, the penalties for most drug offenses remain severe. Anyone convicted of a drug offense could face years in prison and thousands of dollars in fines. When you are convicted of felony drug offenses, you could deal with the consequences for the rest of your life.

DRUG PENALTIES ARE OFTEN BASED ON THRESHOLDS

When it comes to possessing a form of controlled substance, the penalties for a conviction depend on a few factors. The two primary factors include the type of drug in question and the amount of the substance allegedly possessed.

In terms of amounts, there is something known as a drug threshold. Anyone who has more than the threshold amount in their possession is likely to face steeper penalties when convicted. This amount varies from drug to drug. For example, the threshold amount for heroin is one gram, but for marijuana it is two pounds.

Another factor that could impact the outcome of a drug charge is a prior conviction for the same offense. Prior convictions are especially likely to result in a higher sentence.

It is also vital to remember that these penalties only come into play following a conviction. There are options available for beating these charges, and securing an acquittal at trial means never having to face these serious consequences. A lawyer in Glendale with knowledge of drug penalties could help develop a successful strategy and save your way of life.

MINORS ARE TREATED DIFFERENTLY

The penalties for drug crimes are different in the juvenile justice system. Most adults can expect to face the prospect of prison time when they are convicted of a felony drug charge. This is not the case for minors facing the same charges.

The purpose of the juvenile justice system is to reform, not to punish. While juvenile judges have the power to send a minor to a juvenile detention facility on drug charges, that is usually not the outcome.

Typically, the court will rely on other forms of punishment, especially for first-time offenders, with community service and mandatory drug treatment being common. An experienced attorney in Glendale could provide answers on what drug-related penalties a juvenile can expect to get.

DRUGS INTENDED FOR PERSONAL USE

In accordance with Arizona Revised Statutes § 13-901.01, courts are bound by special rules when determining penalties for individuals convicted of drug possession solely for personal use. This law requires judges to suspend any prison term and opt for probation under specific circumstances. Exceptions to this requirement apply when the defendant refuses probation, declines drug treatment, or has three or more convictions for this specific drug offense.

During probation for a drug possession conviction, judges generally require participation in drug treatment or education. They are also empowered to order house arrest or require other conditions. Violating these terms could force the accused to serve their suspended sentence.

DEFENSES AGAINST SUBSTANCE-RELATED CHARGES

Prosecutors always bear the burden of proving guilt in all drug cases. This includes showing that a defendant had the drugs in their possession and proving that they distributed or intended to distribute the items in question. One potential defense tactic for a Glendale drug attorney is to create reasonable doubt concerning these assertions.

It may be possible to contest the police’s actions that led to an arrest. The 4th Amendment of the Constitution protects people from unreasonable searches and seizures. If police do not have proper cause to search a person’s body, or do not obtain a proper warrant to search a home or car, the evidence that they obtain from those searches may be illegal. A drug lawyer at our Glendale office could help to contest these concepts in court.

The attorneys at our firm might also be able to argue that the drugs in question were not what the State alleges them to be. This can be especially effective in situations involving multiple defendants or cases that allege distribution that infers intent through the presence of large sums of cash or packaging materials. In any scenario, it is best to let an experienced drug lawyer work to craft the best possible defense for the circumstances.

CONTACT A GLENDALE DRUG ATTORNEY FOR LEGAL REPRESENTATION

Drug cases are always serious matters in Arizona. Even a first conviction can bring harsh penalties, such as jail time and a permanent mark on your criminal record. More serious allegations of drug distribution carry some of the heaviest potential penalties under state law. It is important that you approach your case with every possible advantage.

Allowing a Glendale drug lawyer to handle your case is the first step in fighting for a positive outcome. The team at Grand Canyon Law Group is prepared to explain your rights and fight to protect them in court. We are here to evaluate the prosecutor’s case and develop a defense that protects your freedom and way of life. Contact us now to schedule a consultation.

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