A voter initiative that was passed in the state of Arizona back in 1996, Proposition 200 provided considerable protection for people who were charged with drug possession. Enacted as Arizona Revised Statutes § 13-901.01 under the Arizona Revised Statutes, the law has been modified a few times over its lifetime. The changes include which types of drug are eligible for protection under Proposition 200.
According to A.R.S. § 13-901.01 (A) of the Arizona Revised Statutes, once you get a conviction for personal use or possession of drug paraphernalia or controlled substance, the court is mandated to put you under probation. You cannot be sentenced to jail or prison.
A court can ordinarily require jail time as one of the probation conditions However, if the case is only your first conviction for a drug offence, you cannot be given a jail or prison term. This is a condition under your probation order under A.R.S. § 13-901.01 (E). The court shall select the additional conditions it deems necessary, including intensified drug treatment, community restitution, intensive probation, home arrest or any other sanctions.
If, however, this is your second drug offence conviction, then the Court could sentence you to jail, as a condition of probation pursuant to A.R.S. § 13-901.01 (F). You cannot be sentenced to prison. Still, the court may include additional conditions of probation it deems necessary, including intensified drug treatment, community restitution, intensive probation, home arrest or any other action within the jurisdiction of the court.
If you have received a conviction or an indictment for a violent crime, under § 13-901.01 of the Arizona Revised Statutes, then there is the reason for concern because under A.R.S. § 13-901.01 (B), Proposition 200 is not available. By definition, a violent crime happens when a criminal act results in physical injury or death, or the criminal makes use of a dangerous instrument or deadly weapon.
Similarly, if you get convicted for possession of a prohibited or controlled substance that is intended for sale, transport, manufacture, or production, then pursuant to A.R.S. § 13-901.01 (C), you are not eligible for Proposition 200.
Now, if you are a habitual offender, and this is at least your third conviction for personal possession of drug paraphernalia or a controlled substance, you are also not covered, according to A.R.S. § 13-901.01 (H). Similarly, if you decline drug treatment as one of the terms of your probation or if you reject probation, you are not covered under Proposition 200 and the Court can impose jail or prison time.
There is one specific drug which takes you out of Proposition 200. If the drug involved is methamphetamines, then you will not be covered under Proposition 200, even on a first offence.
No two cases are the same; each one is unique in some way. This is why you need to get the services of a skilled and experienced drug defense lawyer to handle your drug case. More importantly, your particular case may potentially be covered by the provisions of Proposition 200.
On your own, you may not be able to see all your available options, as well as the potential problem areas that may compromise your successful defense. With an experienced attorney, like Robert A. Dodell, Attorney at Law, everything will be reviewed as the case moves forward.
There is no doubt you can use Proposition 200 to your advantage under the right circumstances. It can help mitigate the potential damage that you may incur. However, you cannot rely solely on Proposition 200 to bail you out of your predicament. For one, it cannot keep you away from a possible conviction.
Thus, it is thus important that you get in touch with a lawyer who has plenty of experience in defending similar cases. This way, together, you can come up with the best possible defense for your particular case.
If you need more information about Proposition 200, or you need an experienced lawyer to defend you in your pending criminal case, Attorney Robert A. Dodell is available for a free initial consultation. Attorney Dodell has more than 3 decades of solid experience defending criminal cases.
Schedule an appointment with Robert A. Dodell, Attorney at Law, right away.