PHOENIX DRUG CRIME FAQ
ANSWERS FROM MAYESTELLES PLLC
Facing drug charges in Arizona can put you at risk of severe penalties. If you have been charged with a crime, you need to team up with a Phoenix drug crime attorney from our firm right away. We may be able to help you build a strong case and defend against the charges.
If you have further questions, do not hesitate to contact our firm and we would be happy to help.
What are Drug Courts in Arizona?
Drug crimes involving drug-addicted offenders are tried in special courts. Drug courts look into helping drug-addict offenders by ordering supervision and treatment programs. Unlike other courts, these type of courts team up with health treatment programs to help addicted individuals. Oftentimes, rehabilitation is a preferred penalty to jail because the defendants can receive support and reduce the likelihood of a future drug crime.
What does "over the threshold amount" mean when talking about a drug charge?
Arizona law has thresholds to regulate the amount of drug in possession and the penalties that can follow. If an individual possesses a certain amount of drug there is mandatory prison time. The threshold amount varies by the type of drug, but that specified amount is considered the threshold amount. Do not assume that because you were in possession of drugs above this amount that you will go to prison, this fact can oftentimes be debated and argued.
What is 'possession for sale' and how is that determined?
Possession charges can be aggravated to possession for sale if the drug is found in large amounts. For example, if you have several pounds of marijuana, that is not considered possession for individual use. Just large amounts of a drug is oftentimes not enough to determine the individual intended to sell it. Generally, there will be a search for "indicia of sale," which is items that are used when selling drugs. Items such as scales or small bags that are used to measure and sell drugs.
Can drug charges be expunged in Arizona?
Arizona does not refer to clearing a record as expungement like many states. Expunging a criminal record if referred to as "setting aside" a prior conviction. Arizona does permit this act in order to restore a person's rights after they were convicted of a drug crime.
Does a possession charge involve jail time?
There is a possibility that a person facing drug possession charges could spend some time in jail. Jail time depends on the type of drug you are found in possession of and how much. Also, if you have previous drug crime convictions on your record, jail time may be ordered. In order to avoid jail time, team up with a drug possession attorney who can help you defend against your charges.
Are synthetic drugs considered illegal?
Arizona law does consider synthetic drugs to be illegal just like the organic drugs. The penalties and criminal proceedings are generally the same whether the drug is organic or synthetic.
What do the different "schedules" mean with controlled substances?
Controlled substances are categorized based on the potential for dependency and if they have therapeutic value or not. Schedule V substances would have the lowest potential for dependency and some kind of medical value. This means that the penalties for drugs involving this category would be lesser than others. Schedule I controlled substances have the highest potential for dependency and are seen to not have therapeutic value. Offenses involving these types of drugs would have harsher penalties than other schedules.
Contact a Phoenix drug attorney from MayesTelles PLLC if you need help in a drug crime case.