An arrest for selling illegal drugs can have a huge impact on your future. A felony conviction for dealing drugs will put many jobs, housing opportunities, educational programs, and professional licenses off-limits to you forever. In the shorter term, it could lead to hefty fines and significant prison time.
A Tolleson drug distribution lawyer has extensive experience defending people accused of selling drugs. Our experienced drug attorney can review your case, evaluate the evidence against you, and resolve the charge in the most favorable way possible.
Drug distribution means possessing illegal or illicit drugs and intending to sell them, transport them, or give them away to another person. A person could face a drug distribution charge when they possess a quantity that exceeds the legal threshold for that specific substance. The threshold amounts for various drugs are listed in Arizona Revised Statutes § 13-3401(36). If the drug is not included in the list, the threshold amount is a quantity with a street value of $1,000 or more.
The law allows police and prosecutors to presume someone possessing quantities exceeding the threshold intends to distribute them, but that is a rebuttable presumption. A Tolleson attorney can present evidence establishing that the drugs were for personal use, which would carry more lenient penalties.
On the other hand, if police find evidence the suspect was intending to sell drugs, they could charge intent to distribute even when they discover less than threshold quantities. The presence of scales, baggies, plasticine envelopes, substantial amounts of cash, or similar paraphernalia could lead to drug distribution charges even if the police do not find a significant quantity of drugs.
One of a defense attorney’s most important jobs is to ensure a suspect receives the protections the Constitution guarantees. Drug distribution charges usually arise after a police search of a vehicle or premises. If they did not have the authority to conduct a search because they did not obtain permission or used a defective search warrant, a judge might suppress the evidence they discovered in the improper search.
A drug distribution charge requires the prosecutor to prove an intent to distribute. They can prove intent by showing the defendant possessed more than a threshold quantity of a specific drug. In some cases, the way the police gathered and handled the alleged drugs could give a Tolleson attorney reason to attack their identification of the substance and its weight.
The accused must have knowingly possessed the drugs. Evidence indicating that the drugs did not belong to the accused, or they had no knowledge of their presence, could help a defendant beat an intent to distribute charge.
Drug possession with an intent to distribute is a Class 2 felony, the second-most serious category of crimes. The sentence for a first offender could be as short as three years if there are mitigating circumstances and as long as 12 years, six months, if there are aggravating circumstances. A first offender could be eligible for a probation-only sentence if they did not possess more than the threshold quantity.
Repeat offenses lead to increased prison time. Someone with one prior conviction could receive anywhere from four and a half years to 23 years, depending on mitigating or aggravating circumstances. Someone with two or more prior convictions faces between 10 and a half years to 35 years.
Depending on the circumstances and the offender’s criminal history, drug court or another alternative sentencing program could be an option for some offenders. Drug court emphasizes treatment, accountability, and life skills development. The various programs have different requirements, but a Tolleson drug distribution attorney is familiar with the options available in a particular case. Sometimes a prosecutor must agree to allow a plea to a lesser charge to allow a defendant to participate in programs like drug court.
Drug distribution is a serious felony charge and it requires a vigorous defense. Do not trust your case to an inexperienced attorney. Come to Grand Canyon Law Group instead.
A Tolleson drug distribution lawyer handles cases like yours regularly and knows how to achieve the best results. Call us as soon as you are arrested.