Flagstaff Drug Possession Lawyer

Flagstaff Drug Possession Attorney

Whether accused of drug possession, drug trafficking, or another drug-related crime, a conviction can be life-shattering. If you find yourself facing a drug-related charge, the Flagstaff drug possession lawyers at The Kaiser Law Group can help. Our experience in advocating for our client’s rights speaks for itself, so start with a free consultation. We can help you understand your case and give you an assessment to determine how you should proceed.

Working With the Right Drug Possession Lawyer

As a former investigator, our defense attorney knows how to present a defense that has the greatest chance of resulting in a positive outcome. We have helped clients find flaws and weaknesses in the prosecution’s case and achieve the appropriate results. If you have been wrongfully accused of drug possession, our representation means that you won’t fight alone. We have seen a drug conviction impact a person’s ability to make clear decisions and can ensure no rash and unhelpful decisions are made.

When dealing with a drug possession charge, you want to be represented by someone who understands Arizona law and has dealt with cases just like yours. If you are unsure of the facts of your case and what you are up against, it is recommended that you contact a dedicated attorney in Flagstaff as soon as possible. We can help you feel confident about the facts of your case while diligently defending your rights.

Helping You Understand Drug Possession Laws in Arizona

Drug possession is a common charge that typically involves controlled substance possession. The possession law in Arizona states that you cannot possess or use any amount of illegal drugs or controlled substances. If someone possesses, uses, is under the influence of, or is near an unlawful drug, they may be charged with drug possession.

In Arizona, you can even be charged with drug paraphernalia if you are found with an object known to be associated with drug usage. These particular charges are a class 6 felony.

Although medical marijuana is legal in Arizona, the possession of recreational marijuana is still a serious crime. Law enforcement may incorrectly charge someone with possession when they are instead in possession of legal medical marijuana or another prescribed drug, but a skilled criminal defense attorney can ensure this is shown in your defense.

Controlled Substances in Arizona

Controlled substances are drugs that the DEA has categorized into one of five classes, known as Schedules. These drugs are regulated to prevent misuse and ensure safety. With a valid prescription, Schedule II to V drugs – determined to have medical use – are legal to have with the proper prescription. Schedule I drugs – deemed to have no medical use – are always illegal. Examples of Schedule I drugs are:

• Heroin,
• LSD,
• MDMA,
• Cannabis,
• and
• Peyote

For a drug possession conviction, the prosecution must typically prove that the accused knowingly possessed the controlled substance, did not have a valid prescription, and possessed enough for personal use or selling. Our attorney can build the proper defense strategy for your particular situation, so reach out as soon as possible.

Possession With Intent to Distribute

Possession with an intent to distribute carries significantly more weight than a charge for simple possession, with the amount found on the defendant being the most significant factor. A smaller amount suggests personal use only, whereas larger amounts indicate an intent to sell.

Drug Possession vs. Drug Trafficking

The main difference between drug possession and drug trafficking is that drug trafficking requires proof that the defendant was involved with selling, transporting, or importing drugs, or intended to sell or deliver the drugs. This difference elevates even a smaller drug possession charge into the felony range.

How Is Drug Trafficking Proven?

Proving drug trafficking starts with confirming that the defendant knowingly possessed unlawful drugs. Next, the prosecution might present evidence related to criminal sales like plastic baggies, large amounts of cash, or business records to try to prove trafficking. Additionally, the prosecution may attempt to present witnesses who were involved in buying or selling drugs to the defendant.

For years, our attorney has advocated for our clients wrongly charged with drug trafficking, ensuring that they receive a quality defense strategy that could have a positive outcome on the case.

Jail Time for Drug Possession

The length of time you can spend in jail for drug possession in Arizona depends on the type, classification, and amount of the drug you possessed, as well as whether your offense was deemed violent or nonviolent. Arizona has a threshold-level system that declares that if caught in possession of an amount of a drug over a specific amount, you are presumed a seller of that drug. Selling is a separate charge and comes with different prison expectations. Threshold amounts of common unlawful substances are:

• 1 gram of heroin
• 2 pounds of marijuana
• 4 grams of PCP
• 9 grams of cocaine
• 9 grams of amphetamine
• 9 grams of methamphetamine

Proposition 200, passed in Arizona, declared that a judge can only send a nonviolent drug offender to prison after their third conviction. The standard sentences for nonviolent cases are probation and mandatory drug treatment. If you violate probation, however, the court may levy jail time.

Upon a third nonviolent conviction or a violent conviction, the court determines prison sentences based on the type and amount of drug involved.

Marijuana

Although legal for medical purposes in Arizona, marijuana is not legal recreationally. Possessing marijuana for personal use is a Class 6 felony, Class 5 if you produced it, and Class 4 if you intended to sell it. After a second conviction, being caught with less than 2 pounds of marijuana can result in you facing up to 5.75 years in prison.

Being caught with 2 to 6 pounds of marijuana could result in you facing between 6 months and 7.5 years in prison. Many convictions come with hefty fines as well.

Dangerous Drugs

The penalties for controlled dangerous substances vary depending on what type of substance. If the drug in question was not methamphetamine or any other amphetamine, possession of a dangerous drug is a Class 4 felony if the defendant has not previously been convicted of a felony. This Class 4 felony comes with:

• A fine no less than the greater of $2000 or 3 times the value of the drug and
• 0 to 1 years in jail (no prior convictions) or up to 3.75 years in prison (prior convictions).

Narcotics

When dealing with narcotics, the classification is a Class 4 felony if there are no prior felony convictions. The penalty is a fine of no less than $2000 or 3 times the value of the drug (whichever is higher) and 0 to 1 year in jail with no prior convictions or up to 15 years in prison with two previous convictions.

Remember, for each type of drug, these penalties are when the corresponding amount is below the drug threshold. Anything beyond that amount changes the sentence. Additionally, a conviction of drug possession can take away public benefits like scholarships, welfare, public housing, or other subsidies provided by the state.

What Is a Class 4 Felony Drug Possession in Arizona?

A Class 4 felony drug possession in Arizona is the possession of any amount of methamphetamine, amphetamine, LSD, or phencyclidine (PCP). The charge carries a minimum prison sentence of 1.5 years. When caught with other dangerous drugs, the penalty is less severe as long as it’s the defendant’s first offense.

Possible Drug Possession Defenses for Your Case

Getting a drug possession charge does not mean you will automatically be convicted. An experienced attorney knows how to raise appropriate defenses to help your case. While some defense lawyers look at the facts and evidence of the case, others target procedural errors and violations of rights like unreasonable search and seizure. Some of the most common drug possession defenses are:

• • Lack of Knowledge/UseIf you did not know you had drugs on you, a drug possession conviction is not possible. The prosecution must prove that you knowingly possessed the drug in question to convict.
  • Medical MarijuanaDue to medical marijuana’s legality in the state of Arizona, this defense can apply to those who possessed less than 2.5 ounces, are a “qualifying patient,” and can prove that the drug came from a licensed dispensary.
  • Religious UsePeyote is a common drug for religious rituals in Arizona. Your lawyer would attempt to show that the drug was used for religious purposes and did not threaten the surrounding community. This argument is a valid defense against a drug possession prosecution.
  • Illegal SearchThe Fourth Amendment to the United States Constitution guarantees protection against unlawful searches and seizures. If law enforcement discovers the drugs through an illegal procedure, it cannot be used in the criminal trial and may result in the prosecution dismissing the case.

Why You Need a Drug Possession Lawyer

If you are facing a drug possession charge, you need an experienced lawyer. A charge can start as seemingly insignificant but result in a much harsher sentence if you do not have proper representation.

The complexity of a drug possession charge comes when the court is determining whether or not you had an intent to sell. Even if you possessed an amount of drugs below the threshold level, you can still be found with an intention to sell, depending on the circumstances of the case. You do not want to try to represent yourself in a case where the possible sentence can vary as widely as a drug possession case.

Your Flagstaff Drug Possession Attorney When You Need One

Drug possession is a serious crime that can significantly alter your life. If you have been charged with drug possession, time is of the essence in getting you the defense necessary to plead your case. Our attorney will adequately represent you and protect your rights. Contact The Kaiser Law Group to schedule a consultation as soon as possible.