Phoenix Drug Possession Lawyer
Facing a drug charge or drug possession charges in Phoenix, Arizona? To protect your rights and freedom, you need an experienced Phoenix drug possession lawyer.
Arizona has strict penalties for people caught with illegal drugs or controlled substances. In some cases, you don’t even have to be holding the drugs, if police believe you knew about them or should have known, you can still be charged.
Punishments for drug possession can include jail time and fines. A conviction can also leave you with a permanent criminal record, making it harder to find a job or housing.
You need an aggressive criminal defense lawyer who will fight the police and prosecutor to beat your case. Arizona criminal defense attorney Howard Dworman has a strong track record of getting charges reduced, cases dismissed, and winning Not Guilty verdicts.
Call (480) 256-2449 today to fight your drug charges.
What are Arizona drug possession laws?
Who is the best Phoenix drug possession defense lawyer?
Choosing The Best Phoenix Drug Possession Defense Lawyer
A seasoned phoenix drug crimes lawyer can tailor a defense strategy to your case’s unique circumstances. This personalized approach can lead to a favorable outcome, whether fighting the charges in court or negotiating a more lenient sentence. An experienced drug crime attorney is invaluable when navigating the complexities of Arizona’s drug laws.
Phoenix area criminal defense attorney Howard Dworman has received numerous legal profession awards in his career. His accolades include Best Lawyers for DUI/DWI Defense and Criminal Defense, Super Lawyers Rising Star, the American Institute of Criminal Law Attorneys Top 10 Best Attorneys in Criminal Law.
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What are the Drug Possession Laws in Arizona?
Drug possession laws in Arizona are complex and encompass various drug crimes, including possession, sale, manufacturing, and drug trafficking. Arizona’s drug laws refer to specific drugs and broader classifications, categorizing illegal drugs into five schedules based on their potential for abuse, medical use, and safety. Controlled dangerous substances consist of marijuana, peyote, and narcotics. They also include prescription drugs, a dangerous drug, dangerous drugs, and toxic vapors.
Under Arizona criminal laws, you do not have to be holding drugs or have them on your person to be charged with illegal drug possession. The law recognizes three types of drug possession:
- Actual Possession: This means you physically had the drugs on you, like in your pocket, bag, or even hidden on your body. Even if police find drugs on you, you still have rights and are considered innocent until proven guilty.
- Constructive Possession: This happens when drugs are found in a place you control, like your car, house, or room. Even if you say you had no knowledge of the drugs, police can charge you with a criminal offense because you oversaw the space. An example is drugs found in the trunk of the car you were driving.
- Joint Possession: This means the drugs were found in a shared space, like a shared car or apartment. If multiple people had access to the area, more than one person could be charged.
If you were charged with a crime of drug possession, it is important to talk to a lawyer right away to protect your rights. Any delay in hiring a criminal defense lawyer can affect the outcome of your case and may be the difference between being found guilty and not guilty.
Is Drug Possession a Misdemeanor or Felony in Arizona?
In Arizona, drug possession can be either a misdemeanor or a felony. The charge depends on the type of drug, the amount of the drug, and whether you have past drug convictions.
Types of Drugs in Arizona
Arizona classifies drugs into three main categories:
- Dangerous Drugs: Includes meth, ecstasy, LSD, steroids, and certain prescription drugs like clonazepam and lorazepam. These are covered under ARS 13-407.
- Narcotics: Includes heroin, cocaine, oxycodone, morphine, and opium. These fall under ARS 13-408.
- Marijuana: Arizona allows adults 21 and older to legally have up to one ounce of marijuana. More than that can still lead to criminal charges under ARS 13-405.
Penalties for Drug Possession
- Small amounts of dangerous drugs: Usually a Class 4 felony, punishable by up to 3.75 years in prison and a $150,000 fine.
- Larger Amounts: Charges can increase and become “for sale or transportation, and are Class 2 felonies, which can lead to as much as 12.5 years in prison for a first offense.
Even if a drug isn’t considered “hard,” having too much of it can lead to serious charges. If you were arrested drug possession charges, getting a lawyer can help you fight for a better outcome. You need a Phoenix defense lawyer with a proven track record of success in criminal defense to beat your charges.
Fighting Your Drug Possession Charges in Arizona
Arizona has strict drug possession laws, and sometimes people are wrongfully accused, mistaken for someone else, or even trapped in a bad situation.
Phoenix drug possession lawyer Howard Dworman has helped many clients beat drug charges. This is how we can help you:
- Build the strongest defense: We look at every legal option and create a defense strategy that fits your case.
- Check if the police followed the law: If your rights were violated during the investigation or arrest, we may be able to get your charges dropped. An unlawful police search of you or your property can result in the charges being dismissed.
- Negotiate for lower charges: Many times the prosecutor will “overcharge you,” meaning charging you with a criminal offense that is greater than the actual offense. We work hard to minimize the charge and reduce penalties.
- Help you avoid mistakes: Saying the wrong thing or signing the wrong paper can damage your case. Never sign any papers or give a statement to the police or prosecutor because it can be used against you in court. You might get tricked into mistakenly admitting to an offense when you are in fact not guilty.
- Keep you informed: We explain everything clearly and update you every step of the way. This gives you peace of mind to know you are being well defended.
If you are facing drug crime charges, call us today to start building your defense.
Common Defenses Against Drug Possession Charges
When facing drug possession charges, several common defenses can be employed by an experienced drug crime attorney. One of the most frequently used defenses is unlawful search and seizure, where evidence is challenged on the grounds that law enforcement conducted the search without a valid warrant or probable cause. This can lead to the suppression of evidence and potentially the dismissal of charges.
Another defense is the claim that the defendant did not knowingly possess the drugs, arguing that the drugs belonged to someone else, and the defendant was unaware of their presence. Mistaken identity can also be a viable defense if the accused was incorrectly identified as the drug possessor. These defenses require thorough investigation and strategic approach to give you the best chance of winning your case.
Entrapment can be a defense if law enforcement induces an individual to commit a crime, they would not normally engage in. Invalid or improperly executed search warrants can also lead to evidence suppression. These defenses require a seasoned Phoenix drug possession lawyer to navigate the court system effectively.
Does My Criminal History Affect Drug Possession Cases
A defendant’s prior criminal history significantly impacts drug possession cases. Judges consider a defendant’s criminal record when determining penalties. Previous drug possession convictions often lead to harsher sentences for subsequent offenses, underscoring the need for a strong defense strategy, especially for repeat offenders.
Previous drug-related convictions can complicate plea negotiations and increase sentencing severity. A history of drug offenses and a drug crime charge may disqualify individuals from alternative sentencing options like diversion programs, especially when facing a drug offense or drug crime charges.
Proposition 200 allows first-time, non-violent drug offenders to receive probation instead of incarceration, offering a second chance for those without prior criminal records. Understanding the impact of prior criminal history on drug possession cases is crucial for developing an effective defense.
The Role of Drug Courts in Arizona
Arizona drug courts focus on rehabilitation over punishment. Operating under a health treatment model, they aim to address the root causes of drug addiction rather than imposing traditional punitive measures, providing a more holistic solution to drug-related offenses. Howard Dworman can represent you in the Maricopa County drug court.
Eligibility for drug court programs typically requires a history of drug addiction and non-violent offenses. These voluntary programs allow eligible offenders to participate after pleading guilty. The drug court team, including judges, treatment providers, and other professionals, creates individualized treatment plans tailored to each participant’s needs, aiming to provide long-term solutions and minimize future offenses.
The goal of drug court rehabilitation is to offer a constructive alternative to jail time, reducing recidivism and helping offenders reintegrate into society. Prioritizing treatment and support, drug courts in Arizona provide a pathway to recovery and a chance for a better future.
Phoenix drug crime lawyers offer free consultations to discuss your case specifics and explore potential defense options. A Phoenix drug crime lawyer can help clients request a free case evaluation to better understand their legal situation. This initial meeting allows clients to assess the lawyer’s expertise and build rapport before making a hiring decision.
Discussing your case without financial commitment is crucial for making an informed decision about legal representation. Potential clients are encouraged to schedule a free consultation for personalized legal counsel. This opportunity provides valuable insights and sets the foundation for a strong defense.
Hire an Experienced Phoenix Drug Possession Lawyer Now
Navigating drug possession charges in Arizona requires a comprehensive understanding of the legal landscape and the importance of hiring an experienced lawyer. Drug possession laws are complex, and the penalties can be severe, making expert legal representation crucial. By understanding the various defenses available and the role of drug courts, individuals can better prepare for their legal battles.
Facing drug possession charges in Phoenix is a daunting experience, but with the right legal support and knowledge, you can achieve a favorable outcome and get your life back on track. Call attorney Howard Dworman now for your free consultation.
Phoenix Drug Possession FAQs
Why is it important to hire a Phoenix drug possesion lawyer?
It’s essential to hire a Phoenix drug possession lawyer as they offer specialized legal expertise, safeguarding your rights and greatly impacting the case’s outcome. Their knowledge can make a significant difference in navigating the complexities of drug possession charges.
What are the common defenses against drug possession charges?
Common defenses against drug possession charges include claims of unlawful search and seizure, mistaken identity, lack of knowledge about the presence of drugs, and entrapment. Understanding these defenses can significantly impact the outcome of a case.
How does prior criminal history affect drug possession cases?
Prior criminal history can significantly impact drug possession cases by resulting in harsher penalties and restricting access to alternative sentencing options such as diversion programs. This often complicates plea negotiations and increases the severity of the legal consequences faced.
What is the role of drug courts in Arizona?
Drug courts in Arizona prioritize rehabilitation by providing health treatment and personalized plans to tackle the underlying issues of drug addiction. This approach aims to facilitate recovery rather than simply imposing punishment.
What steps should I take after a drug arrest in Phoenix?
After a drug arrest in Phoenix, immediately contact an experienced drug crimes lawyer and refrain from speaking with law enforcement without legal representation. Additionally, take steps to protect your personal information, such as securing your social media accounts.
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Howard Dworman, J.D., Criminal Defense Attorney
Howard Dworman J.D. is an award-winning Phoenix, Arizona criminal defense lawyer. He has been named a Rising Star by Super Lawyers, Top 100 Trial Lawyers, and has a perfect 10.0 AVVO rating. He aggressively defends people charged with DUI, misdemeanors, and felony offenses.
Howard can help you if you were arrested or charged with criminal assault in the cities of Phoenix, Scottsdale, Gilbert, Tempe, Goodyear, Prescott, and Florence and in Maricopa County, Yavapai County, and Pinal County.
Good people make mistakes. At Dworman Law, we work hard to ensure that one bad night does not destroy your future.
