Phoenix Drug Possession Lawyers

Defending Against Drug Possession Charges in Arizona

In the United States, it is illegal for a person to carry illegal substances on their person or to keep them in any location for personal use, and each state has its own legislature regarding this crime and how it should be penalized. Possession laws and penalties for the state of Arizona are listed in sections § 13-3402 and § 13-3403 of the Arizona Revised Statutes, as well as sections § 13-3404.01 through § 13-3411, respectively.

At MayesTelles, PLLC, we understand that people make mistakes, and often, people are wrongfully accused. Whatever the circumstances, you are entitled to due process under the law – you are innocent until proven guilty. If you or a loved one has been charged with drug possession, contact our Phoenix drug possession attorneys today. We are available at any time to review your case and inform you of your rights.

Call MayesTelles at (602) 428-7104 to speak with a Phoenix drug possession attorney.

Actual vs. Constructive Drug Possession

Two forms of drug possession are usually recognized: actual and constructive possession. Actual possession generally refers to drugs found in the defendant’s immediate possession or on their person. Constructive possession generally refers to drugs found in areas where the person has dominion or control.

The police will generally charge an individual if:

• They knew about the drugs
• They should have known about the drugs
• They owned the drugs

There are generally two forms of charges, one for simple possession and another for possession with the intent to distribute. The former is when there is a small quantity of the drug, while the latter involves a large amount. The second possession is heavily punished because there is a presumption of an intent to sell.

What are the Penalties for Drug Possession in Arizona?

Drug possession laws in the state of Arizona are strict. Drugs are split up into different classifications, and the penalties vary accordingly. There are six different groups, including:

• Peyote
• Substances that emit toxic vapors
• Marijuana
• Prescription drugs
• Dangerous drugs
• Narcotic drugs

The penalties vary between felonies and misdemeanors.

Possession of Marijuana

Under A.R.S. § 13-3405, the penalties for possession of marijuana include:

• Less than two pounds: Class 6 felony
• More than two but less than four pounds: Class 5 felony
• More than four pounds: Class 4 felony

Possession of Prescription & Narcotic Drugs

Regarding the possession of prescription drugs, § 13-3406 states that illegal acquisition or possession of a prescription drug is a Class 1 misdemeanor. Section 13-3407 states that the possession of dangerous drugs is a Class 4 felony, and § 13-3408 states that possession of narcotic drugs is a Class 4 felony as well.

In the state of Arizona, Class 1 misdemeanors are punishable by up to six months' imprisonment, while Class 4 felonies are punishable by a sentence of one to three years for a first offense, and six to 12 years for subsequent felony offenses.

Frequently Asked Questions

Will a Drug Possession Conviction Stay on My Record Forever?

In Arizona, a drug possession conviction does not automatically fall off your record over time. However, recent changes in state law allow some people to petition the court to set aside a conviction or seal certain criminal records under specific circumstances. Whether that is possible depends on the level of the offense, your overall history, and how you complied with the terms of your sentence.

Will I Have To Go To Every Court Date in Phoenix?

In many Phoenix drug cases, you are required to appear for key hearings, such as an arraignment or a change of plea, unless the court allows your attorney to appear on your behalf. For some routine settings, the judge may excuse your presence if your lawyer appears and you are in good standing on release conditions. You should never skip a court date without confirming with your attorney, because a missed appearance can result in a warrant being issued.

Can I Travel While My Drug Possession Case Is Pending?

Travel is often limited by your release conditions, which are set by the judge or commissioner who first hears your case. You may be ordered to stay in Arizona or to get permission before leaving Maricopa County while charges are pending. If you need to travel for work or family reasons, your attorney can discuss options for requesting a modification of your conditions from the Phoenix court handling your case.

Can You Go To Jail For Drug Possession?

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, it is imperative that you team up with a drug possession attorney in Phoenix who can help you defend against your charges.

Understanding Your Defense Options

Facing a drug possession charge? There are several defense strategies that a Phoenix drug possession lawyer from MayesTelles PLLC could employ on your behalf. First of all, drug possession charges can only succeed if it can be proven beyond a reasonable doubt that the drugs were indeed in your possession.

If it cannot be proven that they were yours, the prosecution has no grounds for argument. Also, it must be proven that the drugs in question were illegal. In some marijuana possession cases, an attorney could argue for a reduction or dismissal of charges if the defendant is registered for the use of medical marijuana.

Contact Our Drug Possession Attorney in Phoenix Today

With valuable experience in trial cases and prosecution, our two main attorneys can provide your case with a thorough defense from every possible angle. We know the emotional stress that you are experiencing during this difficult time, and our firm is ready to fight your charges while supporting you every step of the way. We also seek to remain affordable by accepting credit cards and offering flexible payment plans.

Contact our firm today at (602) 428-7104 for a FREE initial consultation with our Phoenix drug possession lawyer.