In Arizona, you know you’re facing a serious felony if police officers arrest on charges of drug possession with the intention to sell or distribute. You can still be facing charges of possession with intent to sell even if they catch you with drugs for your personal use. This will depend on the configuration, quantity, and the presence of circumstantial evidence. A conviction can lead to some serious jail or prison time.
With the help of a reputable criminal defence lawyer like Robert A. Dodell, Attorney At Law, you can challenge the felony charge in court. In some cases, police officers file a charge of intent to sell even if all the evidence and facts point to a lighter drug possession offense. A competent lawyer can dispute the charge, work to reduce it to a lighter offense that comes with less serious penalties.
In Arizona, there are 3 main categories of drugs. These are marijuana, narcotics, and dangerous drugs. Narcotics include heroin, cocaine, morphine, opium, and oxycodone, among others. Under dangerous drugs are substances such as steroids, ecstasy, LSD, methamphetamine, GHB, hallucinogenic mushrooms, clonazepam, mescaline, and lorazepam.
To be arrested for possession with intent to distribute or sell, there must be enough amount of drugs in your possession. The volume that will determine whether or not the charge is appropriate is known as the statutory threshold amount.
Following are some of the common threshold amounts:
Even if you do not intend to sell, you can be charged with the felony if the amount of drugs caught in your possession exceeds the threshold.
If you are carrying a substance that is classified under dangerous drugs, at a volume exceeding the substance’s threshold amount, you can face charges of possession of dangerous drugs with intent to sell.
Under the Arizona drug laws, conviction for possession of dangerous drugs for sale carries a maximum jail sentence of 12.5 years if it is only your first felony conviction. It is a class 2 felony.
Some dangerous drugs are under stricter sentencing guidelines. For example, you won’t be eligible for sentence suspension, parole, or probation if you’ve been arrested for possession of methamphetamine. This is under ARS 13-3407.
You may be arrested for the felony if you are caught with narcotics in your possession that exceed the statutory threshold. A class 2 felony under ARS 13-3408, it carries a 12.5-year maximum prison sentence if it is only your first felony conviction.
If convicted for the crime of possessing dangerous drugs or narcotics for sale, and you’re placed under probation or your sentence has been suspended, you will be under numerous strict conditions. For one you will need to serve 360 hrs. of community service, at the minimum as one of the mandatory conditions for your probation.
Considering the severity of the crime you are charged with, this can be seen as a good outcome. A reputable criminal defense lawyer can work to reduce your charges, and have your sentence suspended. Like you, your lawyer’s goal is to keep you from receiving a jail sentence.
To do this, your attorney will challenge the prosecution. The prosecution will try to prove that all facts necessary for a conviction are present. You lawyer will work to throw out all evidence against you that were gathered in an illegal manner. Your constitutional rights protect you against unlawful search and seizure, and police officers have the tendency to push your rights to the limits.
The prospects of spending time in jail can be quite stressful and scary for anyone. If you or any of your loved ones is in such a predicament, contact Robert A. Dodell, Attorney At Law, to help you plan your next move. Together, you will go through all your available options.
Arizona drug laws are among the toughest in the country. You will need a lawyer who knows all the challenges you are likely to face. Your freedom is at stake. Thus, you need to do everything you can to keep you out of jail.