Defenses for Phoenix Arizona Drug Charges
If you were charged with a drug crime for example possession of Marijuana in Phoenix, Arizona you may be wondering how a Phoenix drug defense attorney can help you. First, remember you are innocent until proven guilty in a court of law. The situation may seem hopeless for you now. But if arrested, understand that you have been charged and not convicted. Your first step in defending your charges is to hire a good Phoenix criminal defense attorney who regularly defends drug cases on a daily basis. You will want to choose an attorney who is very familiar with the Phoenix Drug Laws, Court system, Prosecution, and above all what Defenses can be used in your situation. Every drug case is unique with its' own set of circumstances. It is up to your attorney to examine the facts and evidence to build the most effective defense that will bring you the best outcome in your case.
"arrested, understand that you have been charged and not convicted."
Here are just a few things a good Phoenix Criminal Attorney will consider in order to build your defense. Note, this list is not all inclusive. When it comes to defenses, the avenues are unlimited, depending on your unique set of circumstances:
Determine if any of your Constitutional Rights were violated, State and Federal.
• Obtain services of a private investigator
• Solicit the opinion of an expert (s) (medical, toxicology, pharmaceutical, etc)
• Examine the probable cause of arrest
• Determine if law enforcement officer followed proper protocol arrest procedures
• Determine if the officer had any prior moral character issues or disciplinary record
• Investigate if the search and seizure of the drugs was legal
• Contest the amount of the controlled substance cited in the charge
• Develop arguments based on the difference between actual possession and constructive possession
• Determine if the drugs belonged to someone other than yourself
• Determine if you had any knowledge of the existence of the drugs
• Interview witnesses
• Conduct site Investigations of the vehicle, where you were charged, arrested or allegedly maintained possession of the drugs.
• Rule out Entrapment issues
• Challenge the charges against the prosecution
• Negotiate with the prosecution to have the criminal charges or sentencing significantly reduced based on the weakness in their case, your Attorney's compelling arguments, your clean criminal history, and other factors that may exist.
• File motions to have the charges dismissed, reduced, or evidence suppressed.
Arizona drug penalties are harsh. The punishments for drug crimes depend heavily on what type of drug it was, the quantity, and the intended purpose of it in your possession. It is more serious, for example, if the purpose for which you had it was to sell it, rather than for personal use.
The Arizona criminal laws require mandatory sentencing based on the severity of the crime and the defendant's criminal history. Regardless of the severity, it is crucial that you contact an Arizona criminal defense attorney with a vast amount of experience in defending Phoenix Arizona drug Charges.
If you have been charged with any Phoenix Arizona DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI; any Drug Crimes, including drug sales, drug possession, drug manufacturing, drug paraphernalia, Drug forgery, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Arizona DUI, Arizona, Arizona Drug DUI, or any other criminal charge including theft, assault, aggravated assault, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Arizona Criminal Defense and Phoenix DUI Defense Attorney and James Novak (Former Prosecutor).
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