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Drug possession charges in Arizona can have severe impacts on your rights and freedoms, making it essential that you build a powerful defense for your case. To do so, you need a strong understanding of local drug laws and courtroom procedures. Luckily, the team at The Kaiser Law Group can provide you with the resources, knowledge, and representation you need to build a successful drug possession defense in Arizona and protect your future.
Drug offenses, such as possession, are a widespread issue in Arizona. In 2023, Arizona saw 25,447 drug prosecutions across the state. Drug possession in Arizona is an offense that involves an individual being found with illegal drugs on their person, in their car, or in their home.
Drug possession laws in Arizona detail a variety of illegal substances and how the quantities of these substances can impact a charge. Arizona classifies drugs into categories known as schedules, ranging from Schedule I to Schedule V. Schedule I drugs have a high potential to be abused and no accepted medical uses, including heroin, LSD, and MDMA. Schedule 5 drugs have the lowest danger for abuse, including cough syrups with a small amount of codeine.
There are a variety of factors that can impact the consequences a defendant receives for a drug possession conviction in Arizona. These factors include which schedule of drug was involved, the quantity of the drug, and whether the defendant had any prior criminal convictions. Oftentimes, drug possession charges can occur in conjunction with other criminal charges, making penalties even more complex.
The consequences of a drug possession conviction in Arizona could involve:
A drug possession offense is known as a wobbler offense, meaning it can be charged as a felony or a misdemeanor depending on the details of the case. It is automatically charged as a Class 4 felony, punishable by up to 3.75 years in prison.
Knowing what your rights are during a possession case in Arizona can prevent law enforcement from gaining unnecessary or inaccurate evidence against you. If you hire a drug possession defense lawyer, they can work with you to protect your rights. Key constitutional rights you should know and employ in a drug possession case are:
Complex laws surrounding drug schedules and various penalties in Arizona can make it difficult to understand your charges. A skilled Arizona drug possession defense lawyer from The Kaiser Law Group can answer your questions surrounding your charges, identify avenues to mitigate your consequences, and work to protect your freedom. Because every drug possession charge in Arizona is different, you need a powerful defense tailored to the unique details of your case.
Yes, drug possession charges can be dropped in Arizona, though this is not possible in all cases. A defense that could result in dropped charges includes if a police officer violated your rights during an investigation, presenting a valid medical prescription for the drug, or presenting evidence that you did not know the drug was in your possession. Charges may also be dropped through a diversion program.
To be convicted of drug possession in Arizona, there must be sufficient evidence to prove beyond a reasonable doubt that you knowingly used or possessed a dangerous drug. This often relies on evidence of a drug found during a search or police testimony. However, evidence could also include other witnesses, DNA testing, or drug identification testing. An Arizona drug possession defense attorney can evaluate weaknesses in the evidence against you.
In Arizona, a drug-free school zone is a zone around places where children congregate. Drug offenses that occur in this zone are subject to increased penalties, such as raising the maximum sentence by one year. A drug-free school zone is the area within 300 feet of a school and public property within 1,000 feet of the school. In addition to a school, this zone covers bus stops and the accompanying school grounds.
Yes, depending on your drug possession case, a diversion program may be used to dismiss charges. Diversion programs are typically only available for first-time, non-violent offenses. They emphasize rehabilitation and require offenders to undergo counseling and drug abuse treatment. In a diversion program, prosecution is deferred to allow you to complete the program requirements. Upon successful completion, your charges may be dismissed.
Each drug possession defense requires a unique, nuanced approach. At The Kaiser Law Group, we have over 35 years of experience applying tailored defense services to varying criminal cases. We understand the importance of working with an attorney you can put your trust in, and we are dedicated to providing clear communication, honesty, and personal attention towards each client.
Contact The Kaiser Law Group to learn how experienced legal representation can build the defense your case needs.
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