Drug Possession Charges | Criminal Defenses

  
October 2, 2010
By James E. Novak, P.L.L.C. on October 2, 2010 7:07 AM |

Drug Possession Attorney Scottsdale, AZ

"How top criminal attorneys in Scottsdale use the Arizona Criminal Justice system and AZ drug laws to defend you"

AZ drug laws are comprehensive and strict. If you were arrested in Scottsdale AZ for drug possession charges you should consult a criminal defense Attorney who frequently defends drug charges in Scottsdale Court as soon as possible. A good criminal attorney who defends cases in Scottsdale, AZ should provide you with information concerning your rights, drug laws, and drug penalties if convicted. One key to a good outcome for your drug possession charges in Scottsdale, such as a dismissal, reduced charges or other favorable outcome is early retention of a good criminal defense Attorney who defends charges in Scottsdale frequently.

Basically, the severity of drug possession charges depends largely on the quantity of the drug or substance allegedly found in your possession. This amount is a major factor that the Scottsdale Police use to determine if your drug possession charges in Scottsdale AZ should be elevated to "drug sales" or "possession with intent to sell" or distribute drugs. Drug possession charges are serious. But drug sales, drug distribution, drug possession with intent to sell, drug manufacturing, drug cultivation, and drug trafficking in Scottsdale AZ are far more serious and carry the most severe sentencing if convicted.

Arizona Drug Defenses
The fact that you were arrested for drug possession in Scottsdale or charged with drug possession charges in Scottsdale AZ does not automatically make you "guilty". You have rights under the law including constitutional rights. You can fight your charges with a good drug possession Attorney. There are many defenses that exist and can be effectively used by a good private practice Scottsdale Criminal Defense lawyer or Drug defense Attorney, who can attempt to get your charges dismissed, reduced, or the otherwise best possible outcome in your case.

Below is an example of one of many defenses that can be used and how criminal defense attorneys in Scottsdale use the Arizona criminal justice system and AZ drug laws to defend you:

Arizona laws require the existence of "knowledge"; in other words, the fact that you "knowingly" possessed a drug, before you can be convicted of drug possession. The Arizona Prosecution must prove that you knew the drugs were in your possession in order to convict you of drug possession charges in Scottsdale AZ. 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 Scottsdale criminal Lawyer may be able to prove that in fact, that you did not "knowingly" possess the drugs. For example, if the drugs found were in a borrowed vehicle for which you had permissive use, and you were not aware that drugs were in the vehicle you should not be subject to arrest, criminal charges, and a criminal record. However, your story may be disregarded, if you try to tell it yourself. You will be charged, and forced to deal with the defense. But a criminal defense attorney who defends cases Scottsdale will present a strong and compelling argument and file appropriate motions through the proper legal channels. If effective, this could then lead to a complete dismissal of your drug possession charges.

Whether you were arrested for drug possession Tempe AZ, Scottsdale AZ, Chandler, AZ, Mesa AZ, Phoenix AZ, Gilbert 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".

Drug Possession Attorney - Scottsdale Criminal Defense
Your best chance of getting a good outcome in your case is to hire a good private practice criminal defense or drug defense attorney who defends drug possession charges regularly in Scottsdale AZ. And you should do it as soon as possible. Your criminal attorney should have years of experience and litigation in AZ Drug defense, and criminal defense in Scottsdale, AZ.

You should choose an attorney who is assertive, proactive, effective, and familiar with the many drug possession laws and criminal defenses that can be used. A good Scottsdale AZ criminal defense attorney will examine all the evidence and build a strong defense case against the prosecution's case based on the facts surrounding your drug possession charges and drug possession arrest. Your attorney will examine all factors and determine if any of your rights were violated, if police conduct was lawful, what laws apply, what defenses can be used, weaknesses or flaws in the Scottsdale AZ prosecution's case as well as the evidence. In many situations, your Attorney can get a diversion program in place of jail or other penalty, a dismissal of you case, a reduction in charges or otherwise fight to 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, Mesa AZ, Gilbert AZ and other surrounding cities within Maricopa County Arizona valley-wide.