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Tolleson Drug Possession Lawyer

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Tolleson Drug Possession Attorney

A drug possession charge is a serious matter, but it does not necessarily mean you are going to prison. Other options are available to people who do not have an extensive criminal history.

Whether it is your first arrest or you have experience in the criminal justice system, a Tolleson drug possession lawyer could advocate for you. Grand Canyon Law Group’s drug defense attorneys employ their skills to get the best results your circumstances permit.

SMALL QUANTITIES LEAD TO POSSESSION CHARGES

Prosecutors bring drug possession charges when a defendant allegedly possessed a quantity of a controlled substance that is appropriate for personal use. Larger quantities trigger possession with intent to distribute charges.

Arizona Revised Statute § 13-3401(36) sets forth the personal use threshold for various drugs. They include:

  • Cocaine, nine grams of powder form and 750 milligrams of crack
  • Ecstasy, four grams
  • Heroin, one gram
  • LSD. .5 milliliter of liquid or 50 hits of blotter
  • Methamphetamine, nine grams
  • PCP, four grams or 50 milliliters

Possession of small amounts of marijuana for an adult’s personal use is legal, but someone could face a possession charge for having more than two and half ounces of marijuana. The threshold for an intent to distribute charge is two pounds.

Possessing a drug means does not necessarily mean the defendant was carrying the drugs on their person. Prosecutors in Tolleson can bring a possession charge if police found drugs in someone’s apartment, even if they belonged to someone else. Similarly, someone could face a possession charge if drugs were in their vehicle.

DEFENDING DRUG POSSESSION CHARGES

Drug possession is not a crime unless someone knowingly possessed the substances. Depending on the circumstances, it could be possible to argue that a defendant did not know the drugs were present or did not realize the substance was an illegal drug.

The severity of a drug charge depends on the identity of the substance and its weight. A Tolleson attorney could investigate whether the police handled the substance correctly and maintained a proper chain of custody. If not, the defense could argue that the evidence might have been contaminated or subject to tampering.

Police conduct is often relevant in drug possession cases. The officers must have reasonable suspicion of illegal activity to make a traffic stop and probable cause to conduct a search unless they get consent. They must have a warrant to search a home, office, or other location. If the police infringed a suspect’s rights, a judge might suppress the evidence they obtained illegally or even dismiss the charge.

TREATMENT IS FAVORED OVER PUNISHMENT FOR POSSESSION CRIMES

Drug possession is a Class 4 felony charge. If someone is a first- or second-time offender with no history of violent crime, they will receive probation rather than a prison sentence, unless the offense involves methamphetamine.

Although probation is preferable to jail, the conditions of probation are often challenging. An offender might be required to enroll in a drug treatment program and will have to submit to periodic drug tests. They must maintain regular contact with their probation officer. The term of probation could be up to four years.

Probation is not an option when an offense involves methamphetamine, or the offender has two prior possession convictions, or a prior indictment or conviction for a violent offense. The prison sentence in such cases ranges from one and a half to three years, but aggravating or mitigating circumstances could add or subtract a few months. A Tolleson attorney could ensure a judge considers all evidence of mitigating circumstances that could reduce a prison sentence.

DEFEAT A DRUG POSSESSION CHARGE WITH A TOLLESON ATTORNEY

Drug possession charges are felonies. Even if you do not receive a prison sentence, a conviction means you will have a record as a felon.

A Tolleson drug possession lawyer will use every tool available to avoid a conviction. Reach out to Grand Canyon Law Group as soon as you are arrested to get an aggressive attorney working for you.

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