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Any allegation involving illegal drug possession, sale, or manufacture in Tempe is a serious offense. However, the most concerning drug-related charges you could face are allegations that you participated in a drug trafficking scheme. These are charges that you were part of drug sales on a massive scale.
Prosecutors and police do not need to actively witness a sale to make an arrest under this law. According to the state’s drug trafficking laws, possessing massive amounts of drugs is sufficient to merit a charge under these statutes. When you face these accusations, it is essential to work with an experienced attorney who understands the law and can help craft a strong defense. A Tempe drug trafficking lawyer at Grand Canyon Law Group will be the ally you need.
The common definition of a trafficker is any person who moves illegal items on a massive scale. However, state law does not mention the term “trafficker.”
Cases that allege “trafficking” will move forward under Arizona Revised Statute § 13-3407. This is the state’s statute for all cases of drug distribution. Under this statute, the distribution of any illegal drugs is a class 2 felony. This means that even if a person has no prior felony convictions and mitigating factors are present, a conviction must still result in a prison term of at least three years. If aggravating factors are present, a court may sentence a person to a maximum term of 12.5 years.
According to AZ Rev. Stat. § 13-3401(36), mandatory minimum penalties can also apply if the amount of drugs in a case crosses a threshold amount. This amount will vary based on the type of drug involved in the case. A conviction crossing this threshold means that a person must spend time in prison and is not eligible for probation. Our Tempe attorneys can further explain the state’s drug laws and the potential charges from a trafficking allegation.
Various alleged behaviors can lead to drug trafficking accusations, and police and prosecutors use many tactics to investigate and arrest people on these charges. If someone is accused of being the head of a drug enterprise, police may work to arrest subordinates in that organization to testify against them. These turned witnesses are notoriously unreliable and may only talk to police in exchange for a reduced charge in their own cases.
Allegations of direct selling leading to trafficking charges can be similarly tricky for prosecutors. Police officers rarely witness drug sales, especially in the amounts necessary for a threshold-level allegation. Instead, they may rely on controlled buys, third-party witness statements, and other unreliable means of gathering evidence to justify an arrest.
Prosecution based on an intent to sell massive amounts of drugs is similarly complex. Proving a defendant’s intent is always difficult. Police may attempt to seize computer records, phone records, and even notebooks after obtaining search warrants to prove this intent. Our savvy lawyers in Tempe can fight against these allegations in a drug trafficking case to protect a defendant’s rights.
If you are facing allegations of drug trafficking, you need to take aggressive steps to protect yourself. A conviction here is always a severe felony that carries a required prison term. Police and prosecutors can justify a threshold charge based on no more than the quantity of drugs allegedly in your possession.
A Tempe drug trafficking lawyer at our firm will fight tirelessly to protect your future. After examining the justifications used by police to make an arrest, we can discredit the statements of any witnesses, challenge the legality of any search warrants, and build a defense to create reasonable doubt in the jurors’ minds. Contact Grand Canyon Law Group today to set up a consultation.