Drug Possession Charges in Phoenix, AZ
"...how some of the best criminal Attorneys in Phoenix, AZ, will use Arizona drug laws in your favor."
AZ Drug Laws are tough and complex. If you were arrested in Phoenix, AZ for drug possession or charged with drug possession in Phoenix, you should consult a criminal Attorney who frequently defends drug charges in Phoenix court as soon as possible. The severity of a drug possession charge depends largely on the amount found in your possession. Additionally, the quantity found, is a substantial factor for the Phoenix police or other law enforcement officials to determine if the Phoenix AZ drug charges will be elevated to possession drug sales or possession with intent to sell or distribute drugs. Convictions for drug sales or drug distribution are or possession with intent to sell is far even more serious.
Whether your arrest or charges were in Tempe AZ, Phoenix AZ, Chandler, AZ, Scottsdale AZ, Gilbert AZ, Mesa, AZ or any city within Maricopa County or other Counties in Arizona makes no difference, all jurisdictions within Arizona will be subject to Arizona State Laws. The definitions, classifications and penalties are comprehensively outlined in the following criminal code: Arizona Revised Statutes: "A.R.S. 13 Chapter 34 DRUG OFFENSES 13-3401...13-3461".
Arizona Drug Classifications
Below are the three main types, of drugs that Arizona uses to classify drugs. Note: These examples of these three types of drugs are not all inclusive:
1. Dangerous drugs: LSD, ecstasy, methamphetamines, steroids, hallucinogenic mushrooms, clonazepam, lorazepam
2. Narcotics: cocaine, heroin, opium, morphine, oxycodone
3. Marijuana: Also known as pot, weed, cannabis
Currently, Marijuana charges are the most common criminal offenses in Arizona.
Arizona Drug Defenses
The fact that you were arrested for drug possession or face drug possession charges does not make you automatically guilty. There are many defenses that can be used by a good Arizona Criminal Defense Attorney or Drug defense, who will attempt to get your charges dismissed, reduced, or the otherwise best possible outcome in your case.
Here is one way some of the best Arizona Criminal Attorneys will use the Arizona drug laws in your favor: Arizona laws require the element of "knowledge", and whether or not you "knowingly" possessed a drug. This factor must be proven, in order for the prosecution and court to convict you of Arizona Drug Charges. This law is referenced in Arizona State Drug Law: "A.R.S. Title 13 Chapter 34 "13-3405. Possession, use, production, sale or transportation of marijuana; classification
A. A person shall not knowingly: (emphasis added)
1. Possess or use marijuana..." (Cited in part from azleg.state.az.us)
A good criminal attorney in Arizona who defends charges in Phoenix, AZ, may be able to obtained facts or evidence which shines light to the fact that you were not knowingly in possession of the drug that police found. Perhaps it was found in a car that you were driving and had borrowed from a friend, and you had no idea the drugs were there. In this scenario that factor could lead to a dismissal of the Phoenix drug charges.
Examples of a few other defenses include violation of your constitutional rights, challenge of the amount alleged to be found in your possession; entrapment issues; challenge of whether or not there was actually "probable cause for arrest"; challenge of whether or not the police followed required protocol and procedures of your arrest, handling and storage of evidence. But there are many more defenses that may apply. The defenses that a good private practice criminal lawyer in Phoenix Arizona will use are based on your particular set of circumstances that surround your Phoenix drug arrest.
Arizona Drug Possession Attorney -Criminal Defense
It is a priority for you to consult and hire the best Arizona drug defense attorney possible who has many years of experience and litigation in AZ Drug defense, and criminal defense in Phoenix, AZ. You will need a skilled Arizona criminal lawyer who will develop a strong defense against your drug charges and prosecution's case against you.
The attorney you choose should be assertive and proactive. They will need to conduct their own independent investigation to determine what defenses will be used, if your rights were violated, (this is common in situations of drug search and seizure), if police conduct was lawful, and examine all aspects of your case. If police conduct was illegal, your case should be dismissed or evidence obtained unlawfully suppressed (not used against you). If a total dismissal of the charges can not be achieved, a good AZ criminal attorney will work to negotiate a lower charge by contesting the amount of the controlled substance cited, and present the most compelling arguments possible, that will effectively lead to securing reduced charges, and get the best possible outcome in your case...
If you have been charged with any AZ drug charges including but not limited to drug possession, sales, drug possession, drug manufacturing, drug paraphernalia, Drug forgery, Felony Drug, Dangerous Drug, Narcotics, Marijuana, or any other drug charges, in Maricopa County, you should contact the Law Office of James Novak and speak Directly with experienced drug defense Attorney James Novak at (480) 413-1499. For more criminal defense help and information visit http://www.arizonacriminaldefenselawyer.com
The Law Office of James Novak is devoted to handling 100% DUI, Drug & criminal cases in Phoenix AZ, Tempe AZ, Scottsdale AZ, Chandler AZ, Gilbert AZ, Mesa AZ and other cities within Maricopa County Arizona valley-wide.