Recently in Drug Laws Category

June 23, 2013

All Meth crimes in Arizona are Charged as felonies; all felonies expose a person to prison.

215628_addiction.jpgLaw enforcement officers recently conducted the biggest methamphetamine bust in Maricopa County's history. Sheriffs investigated for several months before locating 18 bricks of meth (51 pounds) worth almost $1 million. The twenty-six year old suspect who possessed the bricks was arrested for meth possession and other felony charges. As outlined below, he may face serious prison time, depending on his prior felony record and other factors.

Earlier this year, Phoenix AZ participated in "Operation Justice V" sponsored by the U.S. Marshall. In one week 231 persons without outstanding felony warrants were arrested. A large number of those were wanted for "Dangerous Drug" offenses including Meth crimes.

The possession and sale of meth is a growing illegal drug market in Arizona, and some believe it has reached crisis proportions, now affecting teenagers as well. Even though Arizona's teenage meth use has declined in recent years, Arizona remains among the top 10 states for teen meth use.

Meth is highly addictive and affects the neurotransmitter dopamine. It can be smoked, injected or snorted. Users experience a rush as well as increased energy, reduced appetite, and increased respiration. There is a danger of violent behavior, irritability or psychosis. Importantly, long-term use of methamphetamines can cause brain damage that is akin to Alzheimer's.

Due to the addictive nature of Methamphetamines and other Dangerous Drugs, they have been found to lead other serious crimes by users, and dealers that include theft, burglary, assault, sexual assault, aggravated assault, home invasions, even murder.

Meth is classified in the Arizona Revised Statutes as a "dangerous drug." Other "dangerous drugs" include LSD, ecstasy, mushrooms, mescaline and GHB. Willful possession of a dangerous drug can subject anyone who is convicted to serious punishments at the sentencing stage.

Possession of methamphetamine is a Class 4 felony, until someone possesses more than 9 grams, as in the case described above. Then it is charged as a Class 2 felony because it is assumed to be possession for sale. It is important to note that possession of methamphetamine cannot be charged simply as a misdemeanor, even if you have no priors.

Penalties are increased substantially for possession of large quantities of meth. If someone possesses more than 9 grams and it is a first offense, the presumption is that it is for sale. In that case, the minimum imprisonment sentence is five years, the presumptive sentence is 10 years and the maximum sentence is 15 years. However, if someone possesses more than 9 grams and it is not a first offense, the increase in sentencing jumps dramatically. A minimum imprisonment sentence for possession for sale of meth on a second offense is 10 years.

First time drug offenders are eligible for a deferred prosecution program in which they participate in probation during which the offender is subject to drug testing among other things. If they do not meet conditions of their probation, they may face jail time.

The Arizona Revised Statutes permit mitigation or enhancement of a sentence for reasons such as prior criminal convictions, the amount of the drug, and more. If charged with a Class 2 felony and aggravating factors, a defendant can face over 12 years in prison.

The sentencing laws are even harsher for those convicted of manufacturing methamphetamine. In response to the meth crisis, in 2000, Arizona's child abuse law was expanded to include a presumption of endangerment when children or vulnerable adults are found at meth labs.


Additional Resources:

About Meth (Arizona Attorney General)
Arizona Drugs Defined Under Criminal Code
Mesa AZ Police Department

June 20, 2012

Phoenix Drug Defense Attorney.jpg

TruNarc: Police Drug Detection

Police Departments around the Country have begun using TruNarc, a mobile device used for drug testing. The device can rapidly detect single or multiple compounds and drugs, including those more difficult to detect such as "bath salts", within seconds. For the last 50 years police have used lab kits to test for narcotics or illegal drugs. In effect TruNarc in said to speed up the drug identification process, allowing police to be more efficient with their time, and decrease turnaround time in drug cases.

How it Works

The device has a laser which is pointed directly at the suspicious drug sample. It then generates a distinct spectrum, similar to a finger print. It is then analyzed for identification in the device's drug library contained the unit. It can be easily updated for new dangerous or designer drugs. Records can be automatically produced, to include the name of the drug, time and date stamps and anything else the police department wishes to program into it.

Industry Recognition

The core technology used for the Thermo Scientific device uses "Raman spectroscopy", which is recognized as an analytical tool by the "Scientific Working Group for the Analysis of Seized Drugs (SWGDRU). TruNarc's results were compared to the same drug samples as certified laboratories. The conclusions were that TrucNarc had produced 80% - 100% positive results, with "0" false positive results.

Pros

Below are 7 items in favor of TruNarc Testing Device:

• Device is lightweight and easy to use;
• Immediate results; Eliminates need for backlogged and costly lab processing
• Detects compounded and new "designer", bath salts and synthetic drugs;
• Can be used in addition to drug testing kit for presumptive testing;
• Nonintrusive. The test does not require contact;
• Reduces time for Criminal Case Resolutions:
• Police K-9 Dog Drug Screeners costs between $20,000.00 and $$29,000.00 to train. The cost of the device is equal or less for TruNarc $20,000.00 currently.

Cons

Below are 7 items that oppose TruNarc Technology for drug testing:

• Costly: $20,000.00 per device;
• Lack of background science, experience or reported statistics of use in the Field by police;
• Police officers would need to be trained to operate, minister, and maintain it;
• If adopted by the states, it will face much challenge by experts and criminal defense attorney, regarding administration, accuracy, validity, maintenance, and operation of the device (similar to the challenges that breathalyzers presented.);
• Technology may not prove to serve as an effective substitute for full lab analysis by a certified laboratory and trained lab professional;
• Judges around the country have yet to decide if the test results from TruNarc can be admissible in trial.
• No case law or documented challenges have been argued against it for drug charges involving the device.

Resources:
http://goo.gl/76gqM

Continue reading "TruNarc Laser Drug Detector: Pros and cons of new device that detects illegal drugs and narcotics " »

May 4, 2012

Drug Possession Laws in Phoenix AZ

In Arizona, a person may be charged with possession of an illegal drug if they are knowingly in possession of Marijuana, an illegal drug, or a dangerous drug, defined under A.R.S. 34 13-3401. The higher the quantity of a drug a person is found to have in their possession, the higher the sentencing and penalties. One of the reasons for this is that law enforcement perceives a large quantity of an illegal drug as a sign that the drugs are in their possession to sell, intended for sale, manufacture, distribution, or transport. All of these drug offenses call for harsh prison sentencing.

Drug Sentencing Guidelines

Under Arizona Drug laws A.R.S. 13-3419: Arizona has separate sentencing ranges for convictions into two categories:

1) The illegal drug possession charges involved a quantity below the "Threshold Amount";
2) Illegal drug possession charges that equal or exceed the "Threshold Amount".

• Below Statutory Threshold Amount -

Drug Possession with a quantity that falls below the statutory Threshold Amount
may be charged as a Class 5 to Class 2 with prison sentencing of .05 to 12.5 years;

• Equal or Exceeding Statutory Threshold Amounts -

Drug Possession convictions involving quantities that equal or exceed the the statutory Threshold Amount may be charged as a Class 5 to Class 2 with prison sentencing .05 to 15 + years.

The Threshold Amount is the amount specified by law under A.R.S.13-3401.36 for a the quantity of a certain drug. The higher the amount over the Threshold, the more severe the Sentencing and penalties. Additional penalties include fines, fees, community service, drug and alcohol counseling or treatment, and other fines deemed necessary by the court.

Sentencing Factors

Other factors besides quantity the court will consider in sentencing if convicted include:

First drug offense verses repeat offense;
• Prior criminal history, if any;
• Purpose of the drug in a suspects possession (personal use verses sales)
• Other charges brought at the same time (violent or dangerous crimes)
• Mitigating or Aggravating factors
• Classification of drug (Marijuana, Narcotic, or Dangerous Drug)

Criminal Defense Lawyer for Drug Possession Phoenix, AZ

If you face drug possession charges in Arizona, you should consult an experienced criminal lawyer regarding your matter. They will protect your rights and defend you through the criminal defense attorney. Drug crimes of any kind, may expose a person to incarceration, and other harsh penalties. There are often defenses that exist that can be used to challenge the evidence including the quantity of a drug a person is accused of possessing. Your attorney will make sure you are treated fairly; protect your rights, and defend your charges. In some cases they can help you avoid prison or jail sentencing; lower the charges; and or get the charges dismissed. Your chances of getting a favorable decision in your case, will increase significantly with retention of a private practice drug defense attorney.
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Continue reading "Drug Possession Sentencing: The higher the quantity of an illegal drug found in a person's possession, the harsher the penalties. " »

April 24, 2012

Methamphetamine "Meth" Charges in Phoenix AZ

Under Arizona Law A.R.S. 13-3401.6 the drug Methamphetamine or "Meth" is classified as a "Dangerous Drug". A person may be guilty of a Dangerous Drug crime if they knowingly possessed any amount of Methamphetamine or "Meth" as defined under A.R.S. § 13-3407.

Arizona Dangerous Drug Offense Law and Classifications

A.R.S. § 13-3407. Possession, use, administration, acquisition, sale, manufacture or transportation of dangerous drugs; classification:

A. A person shall not knowingly:

1. Possess or use a dangerous drug (Class 4 Felony):
2. Possess a dangerous drug for sale (Class 2 felony);
3. Possess equipment or chemicals, or both, for the purpose of manufacturing a dangerous drug (Class 2 Felony for Meth);
4. Manufacture a dangerous drug (Class 2 Felony);
5. Administer a dangerous drug to another person (Class 2 Felony);
6. Obtain or procure the administration of a dangerous drug by fraud, deceit, misrepresentation or subterfuge (Class 3 Felony);
7. Transport for sale, import or offer to transport for sale or import or sell, transfer or offer to sell or transfer a dangerous drug into Arizona. (Class 2 Felony)

A person may be convicted of Dangerous Drug possession if they knowingly possession any amount of Methamphetamine or "Meth", for any purpose described above.

"Threshold Amount" - A.R.S. § 13-3401

Under Arizona Law A.R.S. § 13-3401. 36 (e) "Threshold Amount" means: means a weight, market value or other form of measurement of an unlawful substance. The specified Threshold Amount for methamphetamine is Nine grams. This includes methamphetamine in liquid suspension; or any combination of those unlawful substances listed under this law. If a person is found to have in their possession an amount that equals or exceeds the Statutory Threshold Limit, for a particular drug, they will be exposed to mandatory prison sentencing. The length of the prison terms a person will face increases based on the amount of the drug that exceeds the threshold limits for that drug.

Sentencing Guidelines for Meth, Dangerous Drug Crime Convictions

If a person is convicted of a methamphetamine or Meth crime, they may be exposed to harsh prison sentencing that can range from 2 to 15 years prison depending on the factors involved. Factors considered for sentencing include:

 Aggravating Factors;
 Mitigating Factors;
 Whether or not the defendant is over 18 years of age;
 Quantity of the substance;
 If the quantity exceeds the Statutory "Threshold Amount";
 Whether or not the crime involved a "Dangerous offense";
 Prior DUI or Criminal offense convictions;
 First time or repeat drug offense;
 If the circumstances caused physical injury to a minor under fifteen years of age ARS § 13-3407(A)(1).

Other penalties include large monetary fines, fees, assessments; mandatory counseling; community service, and other penalties.

Criminal Defense Attorney for Meth Charges, Phoenix AZ

Crimes involving any Dangerous Drug, particularly Meth crimes are very serious charges. All drug charges involving Meth crimes, if convicted, will expose a person to prison sentencing, exorbitant fines; and other harsh penalties. If you were arrested for any illegal drug charge you should consult an attorney who frequently defends drug charges in Phoenix AZ or Maricopa County. A good criminal attorney will make sure your rights are protected; defend your charges; and work to get the best possible outcome in your case. If the charges cannot be dismissed, your attorney will look for mitigating factors that will help get your sentencing reduced, so that it has the least adverse impact on your life as possible.

Continue reading "Methamphetamine (Meth) Charges: Dangerous Drug Classifications, Laws and Sentencing Guidelines" »

April 16, 2012

"Arizona has different sentencing ranges for drug convictions: those in which charges involve possession below the "Threshold Amount" and those that involve charges that equal or exceed the "Threshold Amount".

Drug Possession Laws in Arizona

Convictions require "knowledge" of Possession. In order for the prosecution to convict a defendant for possession charges, they have the burden of proving that a defendant had "knowledge" that the illegal drugs were in their Possession. This is the case for any illegal drug including possession of Marijuana, Dangerous Drugs, Narcotics or any other illegal drugs as defined under A.R.S. 34 13-3401.

Arizona Drug Sentencing Ranges -multiple drug offense sentencing ranges:
Most drug charges involve multiple offenses. For example, a person may be charged with Drug possession use; and drug paraphernalia possession. If the quantity of the drug falls below the statutory "Threshold Amount" under law for that drug, the sentencing ranges will be less severe than those exceeding the Threshold Amount". For that reason, Arizona has two different sentencing ranges for possession below verses over the "Threshold Amounts":

A. Below Statutory Threshold Amount - A.R.S.13-3419 (A)(1),(2)

• Second drug offenses -

Class 2 = 3.0 to 3.5 years
Class 3 = 1.8 to 8.7 years
Class 4 = 1.1 to 3.7 years
Class 5 = 0.5 to 2.5 years

• Three + drug offenses -

Class 2 = 4.0 to 12.5 years
Class 3 = 1.8 to 8.7 years
Class 4 = 1.1 to 3.7 years
Class 5 = .5 to 2.5 years

B. Equal or Exceeding Statutory Threshold Amounts A.R.S. 3419 (A)(3),(4)

• Second drug offenses -

Class 2 = 3.0 to 12.5 years
Class 3 = 1.8 to 8.7 years
Class 4 = 1.1 to 3.7 years
Class 5 = 0.5 to 2.5 years

• Third + drug offenses -

Class 2 = 4.0 to 15 years
Class 3 = 2.5 to 1.2 years
Class 4 = 1.5 to 6.2 years
Class 5 = 0.75 to 5.0 years

For sentencing ranges that apply to non-multiple, first offenses, and repetitive drug offenses, the Sentencing Ranges for Arizona General Sentencing Chart Citations will apply.

First-time offenders may be eligible for a Treatment Assessment Screening Center program (TASC) program. This is a diversion program with deferred sentencing. This is not an entitlement or guaranteed program. It may be offered to eligible defendants by request of defense as an alternative to incarceration for guilty of first time, less serious drug offenses. The defendant must meet certain criteria to qualify, and it must be approved by the judge, prosecution, TASC officials. An experienced drug defense attorney will attempt to qualify for the program, if the charges cannot be dismissed.

Personal Possession & Use of Drugs - A.R.S. 13-901.1

• Required Probation - Unless the person is also convicted of a violent offense defined in A.R.S. 36-2501, probation is required for persons convicted of possession or use of controlled substance or drug paraphernalia. Incarceration may not be imposed as an initial condition of probation for a first offense.
• For probation violation convictions resulting from committing any offense listed in A.R.S. 13-34 or 13-34.1 or violation of court ordered drug treatment plan, the person may be incarcerated upon reinstatement of probation.
• The person will be required to participate in a court ordered drug education or treatment plan, at their own expense. As a required condition of probation,
• For convictions of a second drug offense, a person may be incarcerated as a condition of their probation.

Criminal Defense Lawyer for Drug Possession Tempe AZ

If you face drug possession charges in Arizona, you should consult an experienced criminal defense attorney regarding your matter. They will protect your rights and defend you through the criminal justice process. Drug DUI charges have serious consequences if convicted. But they are not always justified. There are often defenses that exist that can be used to challenge the evidence that may lead to dismissal, or other favorable outcome in your case. Your chances of getting a good resolution in your case increase significantly with retention of a private practice criminal defense lawyer.


Continue reading "Drug Possession Laws: Sentencing and Penalties for Drug Possession Convictions" »

February 22, 2012

"Arizona, Drug Possession convictions, requires the defendant to have "knowledge" of Possession. If your criminal lawyer can raise reasonable doubt regarding "knowledge" of the drugs in their possession, it can lead to a dismissal of your Possession charges."

Arizona Illegal Drug Possession Laws
In order for the State of Arizona to get a conviction for illegal drug possession charges they have the burden of proving that a defendant had "knowledge" that the illegal drugs were in their Possession. Illegal drugs include possession of Marijuana, Dangerous drugs, Narcotic drugs or any other drugs or substances defined Arizona law A.R.S. 34 13-3401:

• A.R.S. 34 13-3402: A person shall not knowingly: possess, use, produce, sell, transport, distribute, manufacture, Marijuana, or any other illegal drugs;

• A.R.S. 13-105. 10 (a), (b): "Knowingly" with respect to drug offenses or violation of a drug laws, means that a person knows that the circumstances (illegal drugs) themselves exist in their possession;.

• A.R.S. 13- 105. 34: "Possess" means knowingly having physical possession or otherwise to exercise dominion or control over property;

• A.R.S. 13- 105. 35: "Possession:" means a voluntary act if the defendant knowingly exercised dominion or control over the illegal drugs..

Under Arizona drug law, you must not only be in possession of the illegal drug, but you must "knowingly" be in possession of illegal or dangerous drug. In other words for purposes of conviction, it does not matter whether or not the person realized or knew that the drugs were illegal or that their conduct was unlawful.

Phoenix Arizona Drug Possession Defenses
The burden is with the prosecution to prove "beyond a reasonable doubt" that a person had knowledge or should have reasonably had knowledge that drugs were in their possession. This is not always an easy task, and is often an area of defense, that can lead to a dismissal of the drug charges. Below are some common areas the criminal defense lawyers in Maricopa County that be used to challenge drug possession charges depending on circumstances of your case:

• Lack of; or insufficient evidence;
• Unlawful search and seizure;
• Police Entrapment;
• Violations in police procedure or protocol;
• You did not know the drugs were in your possession;
• Common areas are shared by others in the residence where you live;
• You did not know drugs were in the back of a borrowed vehicle;
• You did not know that a passenger in your vehicle possessed illegal drugs;
• Other constitutional rights violations

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Law Office of James Novak
4500 S. Lakeshore Drive
Tempe AZ 85282
(480) 413-1499

www.arizonacriminaldefenselawyer.com
www.novakazlaw.com


Arizona DUI, DWI, Drunk Driving & Criminal Defense Firm
Serving Tempe, Phoenix, Phoenix, Chandler, Gilbert, & Scottsdale AZ
FREE CONSULTATION! (480) 413-1499

October 27, 2010

"How to get Drug Sales Charges Dropped"

Arizona Criminal Justice and Drug Defenses
The fact that you were charged with selling or distributing drugs in Arizona does not have to mean you will be convicted of that offense. There are many defenses that can be used by a good AZ drug defense lawyer or criminal defense attorney in Arizona who defend Arizona drug charges for sale and distribution frequently. Top Arizona Defense Attorneys will work hard to find out how to get drug charges dropped. One key they almost all agree on, is early retention of a good criminal defense attorney, or experienced drug sales defense lawyer.

The best AZ criminal defense Attorneys or drug defense lawyers, if retained, will do will do some or much of the following in your defense (this list is not all inclusive):
• Begin gathering all the evidence;
• Examine all the facts;
• Determine and challenge weaknesses or flaws in the prosecution's case;
• Challenge the evidence including the Quantity in you possession for alleged intended drug sale, drug sale, drug distribution, or drug trafficking;
• Look to find and present exculpatory (evidence in your favor);
• Determine if any or all of the evidence can be suppressed (not used against you) based on arguable factors;
• Conduct their own independent investigation;,
• Determine if any of your Constitutional Rights were violated;
• Determine if proper police and investigation protocol was followed;
• Find out if the Police had "probable cause for arrest";
• Determine if any entrapment issues exist;
• Make sure required procedures for storage and handling of the evidence was followed;
• Depose or interview witnesses and or police;
• Determine if the arrest was lawful;
• Consult outside experts for examination and testimony if appropriate;
• Determine what defense strategies should be used based on your set of circumstances;
• Present a solid defense, with compelling arguments at hearings or in court, and file the proper motions in an effort to get the charges dismissed, reduced, or the best possible outcome in your case;
• Negotiate with the prosecution to get your charges dismissed, reduced or the otherwise best outcome based on your situation;

Arizona Drug Laws
Arizona has some of the harshest drug laws in the country. If you face charges or have been arrested in Arizona for drug sales or possession with intent to sell, a conviction will exposed to severe penalties that may include extended prison sentencing. The Penalties in Arizona are severe for repeat offenders, drug sales, possession of drugs with intent to sell, drug distribution, drug importation, drug transportation, drug trafficking, drug manufacturing or drug cultivation. Arizona prosecutors want convictions and are relentless in pursuing them. They will work closely with the Police to get the conviction. The severity of drug sale or possession with intent to sell charges depends largely on the quantity found in your possession. This factor carries much weight in determining the severity and classification of the charge.

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. Every Arizona City is subject to the laws of the State of Arizona. The definitions, classifications and penalties are comprehensively outlined and fall under the rules of Arizona Revised Statutes: "A.R.S. 13 Chapter 34 DRUG OFFENSES 13-3401...13-3461".

In particular with regard to drug sales refer to "A.R.S. 13-3405. Possession, use, production, sale or transportation of marijuana; classification".

The laws are constantly changing, and being revised. It is important that you make sure the Arizona criminal defense lawyer you hire is familiar with these turbulent laws and handles them frequently throughout the courts in the jurisdiction for which you were arrested or charged with drug sales.

Arizona Drug Sales Charges
Factors the police and prosecution will consider in determining the severity of your charges include but are not limited to the following:

• Quantity of the substance alleged to be for sale or intended for sale
• Type or classification of the drug being sold or intended to be sold;
• Your prior criminal record if any;
• Is this your first or repeat drug offense;
• Strength of the State of Arizona prosecution's evidence and their case against you;
• Whether or not the offense involved use to use of a dangerous weapon
• To whom the drugs were being sold to, such as a minor;
• Drug sales charges were in conjunction with other criminal offenses at the same time such as manufacturing or cultivation;
• Other aggravating factors not listed

Arizona Drug Sales Attorney - AZ Drug Charges Defense
It is a priority for you to consult and hire the best Arizona drug defense attorney possible with many years of experience and litigation in AZ Drug defense, and AZ criminal defense. You will need a skilled Arizona defense lawyer who will develop a solid defense against your drug charges.

Regardless of the severity, it is crucial that you contact an Arizona criminal defense attorney or AZ drug possession attorney with a vast amount of experience in defending drug Charges in Arizona and possesses the skills, knowledge and litigation experience needed to provide strong legal representation for your AZ drug sales or intent to sell drug charges.

If you have been charged with any AZ drug charges including but not limited to drug possession, sales, drug trafficking, drug importation, 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 criminal defense and drug defense Attorney, James Novak at (480) 413-1499.

For more Arizona 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.

October 23, 2010

Drug Possession Laws Tempe AZ

"The key to a successful defense is early retention of a Tempe Criminal Attorney to defend your drug possession charges."

AZ drug laws are strict and complicated. If you have been arrested in Tempe AZ for drug possession charges or face drug possession charges in Tempe AZ, you should consult a Tempe criminal defense Attorney who frequently defends drug charges in Tempe Court as early as possible. Most of the best Tempe criminal attorneys provide free consultations for criminal matters. They will in most cases be able to provide information concerning your rights, drug laws, and drug penalties if convicted, possible options including Tempe criminal defense legal representation on your behalf.

Drug Possession Charges
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 Tempe Police use to determine if your drug possession charges in Tempe AZ should be elevated to "drug sales" or "possession with intent to sell" or distribute drugs. Drug possession charges are serious in and of themselves. But drug sales, drug distribution, drug possession with intent to sell, drug manufacturing, drug cultivation, and drug trafficking in Tempe 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 Tempe AZ or charged with drug possession charges in Tempe AZ does not automatically make you "guilty". You have rights under the law. You can fight for dismissal or reduction of your charges with a good drug possession defense Attorney. There are many defenses that exist and can be effectively used by a good private practice Tempe Criminal lawyer or Tempe drug defense Attorney. Below is an example of just one of many defenses that can be used and how top drug possession attorneys in Tempe AZ use 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 Tempe 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 Tempe 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 should you be arrested, cited for Tempe drug possession charges, get a conviction, pay fines, fees, or even be required to spend time in jail? The mistake many people arrested for drug possession in Tempe AZ make is they try to "tell their story" themselves. This is dangerous in that you may unknowingly further incriminate yourself or harm your case. The cold hard fact is that the police and prosecution will generally disregard your story of innocence, if you try to tell it yourself. You will be charged, and forced to deal with the defense, the court, through the criminal justice system. You will need to hire a good Tempe criminal defense attorney that will provide a solid defense, present strong and compelling arguments, negotiate in your favor, and file appropriate documents and motions through the proper legal channels. If effective, the process may lead to a dismissal of your drug possession charges, depending on you circumstances.

Whether you were arrested for drug possession Tempe AZ, Chandler AZ, Scottsdale 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 - Tempe Criminal Defense
Your best chance of getting a good outcome in your case is to hire a good Tempe AZ criminal or drug defense attorney who defends drug possession charges in Tempe Court on a regular basis. And you should not waste any time retaining one. The key to a successful defense is early retention of a Tempe Criminal Attorney to defend your drug possession charges.

Your criminal attorney should have years of experience and litigation in AZ Drug defense, and criminal defense in Tempe, AZ. You should choose an attorney who is familiar with the Tempe court protocol, Tempe criminal justice system, and capable of presenting compelling arguments on your behalf. You should get an attorney who is assertive, proactive, experienced, and familiar with the many drug possession laws and criminal defenses that can be used. A good Tempe AZ criminal attorney will examine all the evidence and build a solid defense to challenge the Tempe Arizona prosecution's case against you. Your attorney will evaluate 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 Tempe 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 your 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, Tempe AZ, Scottsdale AZ, Mesa AZ, Gilbert AZ and other surrounding cities within Maricopa County Arizona valley-wide.

October 22, 2010

Drug Sales Gilbert AZ, Criminal Defense Lawyer

"...Some things top rated AZ criminal defense attorneys and drug sales defense lawyers can do your defense in an attempt to get your case dismissed"

Criminal Justice | Criminal Defense, Gilbert, AZ
If you were charged with selling drugs or intent to sell drugs in Gilbert AZ, it does not mean you are "guilty" and will be convicted of that crime. There are many defenses that can be used by a good Gilbert AZ drug defense lawyer or criminal defense attorney in Arizona who defends felony drug charges frequently in Gilbert Court.
Top Gilbert Criminal Defense Attorneys will fight to get your drug charges dropped. One thing the best Gilbert criminal attorneys agree on in order for you to get the best possible outcome in your case is "early retention" of a good criminal defense attorney.

Here are some things top rated AZ criminal defense Attorneys and drug sales defense lawyers can do your defense in an attempt to get your case dismissed (list is not all inclusive):
• Gathering all evidence;
• Examine all facts;
• Challenge weaknesses or flaws in the prosecution's case;
• Challenge the evidence including the quantity of drugs or substance allegedly sold, or for sale, or intended for sale;
• Find and present exculpatory (evidence in your favor);
• Fight to get some or all evidence suppressed (not used against you);
• Conduct an independent investigation;
• Determine if your Constitutional Rights were violated;
• Determine if proper police and investigation and procedures were followed;
• Determine if there was "probable cause for arrest";
• Determine if there is evidence "entrapment" by police;
• Determine if proper procedures for storage and handling of the evidence was followed;
• Depose or interview witnesses and or police;
• Determine if the search, seizure and or arrest was lawful;
• Consult outside experts for examination and testimony if appropriate;
• Build and mount a strong defense strategy;
• Present a solid defense, with compelling arguments at hearings or in court, and file the proper motions in an effort to get the charges dismissed, reduced, or the best possible outcome in your case;
• Negotiate with the prosecution to get your charges dismissed, reduced or the otherwise best outcome based on your situation;

Drug Laws Gilbert AZ
Arizona is tough on drug offenses. If you were arrested in Arizona for Felony drug charges involving sales or possession with intent to sell, a conviction will expose you to severe penalties that may include extended prison sentences. Penalties in Gilbert, AZ are severe for repeat offenders, drug sales, and possession of drugs with intent to sell. Arizona prosecutors want convictions and are relentless in pursuing them. They will work closely with the Police to get the conviction.

Whether your drug arrest or drug sales charges were in Gilbert AZ, Phoenix AZ, Chandler, AZ, Scottsdale AZ, Tempe AZ, Mesa, AZ or any city within Maricopa County or other Counties in Arizona makes no difference. Every Arizona City is subject to the laws of the State of Arizona. The definitions, classifications and penalties are comprehensively outlined and fall under the rules of Arizona Revised Statutes: "A.R.S. 13 Chapter 34 DRUG OFFENSES 13-3401...13-3461".

In particular with regard to drug sales refer to "A.R.S. 13-3405. Possession, use, production, sale or transportation of marijuana; classification".

The laws are constantly changing, and being revised. It is important that you make sure the Arizona criminal defense lawyer you hire is familiar with these turbulent laws and handles them frequently throughout the courts in the jurisdiction for which you were arrested or charged with drug sales.

Drug Sentencing for Drug Sales Charges in Gilbert, AZ
Factors the police and prosecution will consider in determining the severity of your charges include but are not limited to the following:

• Quantity of the substance alleged to be for sale or intended for sale
• Type or classification of the drug;
• Prior criminal record if any;
• First time v. repeat drug offense;
• Strength of the State of Arizona prosecution's case against you;
• Use or existence of dangerous weapon involved
• Drugs were sold or attempting to sell to a minor
• Drug sales charges were in conjunction with other criminal offenses at the same time such as manufacturing or cultivation; smuggling, importation, trafficking, transportation
• Other aggravating factors not listed above

Criminal Defense Gilbert, AZ | Drug Sales Charges Defense
It is best to consult and hire the best Gilbert AZ criminal defense attorney possible for your felony drug charges. Make sure they have a vast amount of experience and litigation in AZ Drug defense, and AZ criminal defense, particularly in Gilbert AZ. You will need a skilled Arizona defense lawyer who will develop a solid and strong defense against the Gilbert Arizona prosecution and get the best possible outcome for your felony drug charges.

If you have been charged with any AZ drug charges including but not limited to drug possession, sales, drug trafficking, drug importation, 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 criminal defense and drug defense Attorney, James Novak at (480) 413-1499.

For more Arizona 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 Gilbert AZ, Phoenix AZ, Scottsdale AZ, Chandler AZ, Tempe AZ, Mesa AZ and other cities within Maricopa County Arizona valley-wide.

October 2, 2010

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.

September 30, 2010

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.

September 29, 2010

Drug Possession Charges in Arizona

AZ Drug Laws are tough and complex. If you face an Arizona drug possession arrest or charges, you should consult a criminal Attorney who frequently defends drug charges 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 AZ police or law enforcement official to determine if the AZ drug charges will be elevated to possession with intent to sell or distribute drugs for which charges and penalties are 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. Every city in Arizona falls to the rule of law 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
Arizona classifies its drugs in a pretty basic way. Below are the three main types, and examples. Note: These examples 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 a drug was found in your possession and you were arrested for Arizona Drug possession does not mean you will automatically convicted of that crime. There are many defenses that can be used by a good Arizona Criminal Defense Attorney or Drug defense, to work to get your charges dismissed, reduced, or a good outcome in your case.

Some of the best Arizona Criminal Attorneys know how to use the Arizona drug laws in your favor. For example, "knowledge", and whether or not you "knowingly" possessed a drug is a factor that needs to exist 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 defense attorney in Arizona or AZ drug defense attorney may be able to obtained facts or evidence which gives light to the fact that you were not knowingly in possession of the drug that police found. This factor could very well lead to a dismissal of your Arizona 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, and more. The defenses that a good private practice criminal defense attorney in Arizona will use are based on the particular set of circumstances surrounding your AZ drug charges or drug arrest in Arizona.

Arizona Drug Possession Attorney - Criminal Defense
It is a priority for you to consult and hire the best Arizona drug defense attorney possible with many years of experience and litigation in AZ Drug defense, and AZ criminal defense. You will need a skilled Arizona defense lawyer who will develop a solid defense against your drug charges. Regardless of the severity, it is crucial that you contact an Arizona criminal defense attorney or AZ drug possession attorney with a vast amount of experience in defending drug Charges in Arizona.

The attorney you choose will need to be assertive and proactive. They will need to conduct an independent investigation to determine your rights were violated, particularly with regard to search and seizure. If police conduct was illegal, your case should be dismissed or evidence obtained unlawfully suppressed (not used against you). If the case cannot be dismissed, 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, or a total dismissal of your drug possession charges.

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.

September 27, 2010

Drug Laws Gilbert, AZ

"How some of the best criminal Attorneys in Gilbert, AZ, will use Arizona drug laws in your favor."

AZ Drug Laws are tough and complex. If were arrested in Gilbert AZ or face drug possession charges in Gilbert, AZ you should consult a criminal defense Attorney who frequently defends drug charges in Gilbert court as soon as possible. Most of the best criminal attorneys will provide you with a free consultation. Regarding your drug possession charges, you will get information concerning your rights, drug laws, and drug penalties if convicted. In the least you will gain piece of mind and options concerning your next steps.

Here are some basics concerning drug possession charges in Gilbert, AZ. The severity of a drug possession charge depends largely on the amount of a substance found in your possession. Additionally, the quantity found, is a substantial factor for the Gilbert police or to decide the Gilbert AZ drug charges will be elevated to possession drug sales or possession with intent to sell or distribute drugs. Simple 0possession for use charges can be serious. However, drug sales, drug distribution, drug possession with intent to sell, drug manufacturing, drug cultivation, and drug trafficking in Gilbert AZ are always far more serious.

Arizona Drug Defenses
The fact that you were arrested for drug possession or face drug possession charges in Gilbert AZ, does not automatically mean you are "guilty and be convicted of that crime. many drug defenses exist and can be effectively utilized by a good Arizona Criminal Defense Attorney or Drug defense lawyer, who will work 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 to defend your charges: 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 Gilbert, 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 Gilbert drug charges.

Whether your arrest or charges were in Tempe AZ, Gilbert AZ, Chandler, AZ, Scottsdale AZ, Phoenix 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.

Drug Possession Attorney - Gilbert Criminal Defense
Your best chance of getting your charges dismissed, reduced or the best possible outcome in your case is to hire a good private practice criminal defense or drug defense attorney. You want to make sure they have many years of experience and litigation in AZ Drug defense, and criminal defense in Gilbert, AZ. You will need a skilled and experienced Arizona criminal lawyer who defends drug possession charges frequently in Gilbert AZ and can develop a strong defense on your behalf.

The attorney you choose should be assertive, proactive, effective, and familiar with the many drug possession defenses that can be used. Top criminal defense attorneys who defend cases in Gilbert AZ will usually conduct their own investigation. They will decide what the best defense strategy will be used given your set of circumstances. The will evaluate to determine if your rights were violated, which 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.

September 22, 2010

Felony Drug Sales Defense Chandler AZ,

"One thing the best Chandler AZ criminal attorneys agree upon in order for you to get the best possible outcome in your case is "early retention" of a good criminal defense attorney."

Criminal Justice | Criminal Defense, Chandler, AZ
If you were charged with drug sales or intent to sell drugs in Chandler AZ, it does not mean you are "guilty" and will be convicted of that crime offense. Drug sales are usually classified and charged as felonies. There are many defenses that can be used by a good Chandler AZ drug defense lawyer or criminal defense attorney in Arizona who defends felony drug charges frequently in Chandler Court. Top Chandler Criminal Defense Attorneys will fight to get your drug charges dropped. Based on the circumstances Attorneys may defend their cases differently. One thing the best Chandler AZ criminal attorneys agree upon in order for you to get the best possible outcome in your case is "early retention" of a good criminal defense attorney.

Below are some things experienced criminal defense attorneys and drug sales defense lawyers in Chandler, AZ can do to defend you case in an effort to get your case dismissed (list is not all inclusive):
• Gathering all evidence;
• Examine all facts;
• Challenge weaknesses or flaws in the prosecution's case;
• Challenge the evidence including the quantity of drugs or substance allegedly sold, or for sale, or intended for sale;
• Find and present exculpatory (evidence in your favor);
• Fight to get some or all evidence suppressed (not used against you);
• Conduct an independent investigation;
• Determine if your Constitutional Rights were violated;
• Determine if proper police and investigation and procedures were followed;
• Determine if there was "probable cause for arrest";
• Determine if there is evidence "entrapment" by police;
• Determine if proper procedures for storage and handling of the evidence was followed;
• Depose or interview witnesses and or police;
• Determine if the search, seizure and or arrest was lawful;
• Consult outside experts for examination and testimony if appropriate;
• Build and mount a strong defense strategy;
• Present a solid defense, with compelling arguments at hearings or in court, and file the proper motions in an effort to get the charges dismissed, reduced, or the best possible outcome in your case;
• Negotiate with the prosecution to get your charges dismissed, reduced or the otherwise best outcome based on your situation;

Drug Laws Chandler AZ
Chandler drug laws are strict and complex. If you were arrested in Chandler AZ for felony drug sales charges, a conviction will carry severe penalties that may include extended prison sentences. Penalties in Chandler, AZ are even more severe for repeat offenses. Arizona prosecutors want convictions and are relentless in pursuing them. They will work closely with the Police to get those convictions. You will need strong legal representation and a criminal defense for fair and just treatment. An experienced criminal defense attorney in Chandler will use the laws and criminal justice system to your advantage and favor. Without good private practice criminal defense representation, your charges are a conviction waiting to happen, and swiftly.

Whether your drug arrest or drug sales charges were in Chandler AZ, Phoenix AZ, Scottsdale AZ, Tempe AZ, Gilbert AZ, Mesa AZ or any city within Maricopa County or other Counties in Arizona makes no difference. Every Arizona City is subject to the laws of the State of Arizona. The definitions, classifications and penalties are comprehensively outlined and fall under the rules of Arizona Revised Statutes: "A.R.S. 13 Chapter 34 DRUG OFFENSES 13-3401...13-3461". In particular with regard to drug sales refer to "A.R.S. 13-3405. Possession, use, production, sale or transportation of marijuana; classification".

The AZ drug laws are constantly changing, and being revised. It is important that you make sure the Arizona criminal defense lawyer you hire is familiar with these Arizona laws and your possible defenses and handles them frequently throughout the courts in the jurisdiction for which you were arrested or charged with drug sales.

Drug Sentencing for Drug Sales Charges in Chandler, AZ
Factors the police and prosecution will consider in determining the severity of your charges include but are not limited to the following:

• Quantity of the substance alleged to be for sale or intended for sale
• Type or classification of the drug;
• Prior criminal record;
• First time v. repeat offense;
• Strength of the State of Arizona prosecution's case against you;
• Involvement of a dangerous weapon involved
• Drugs were sold or attempted to be sold to a minor
• Drug sales charges were in conjunction with other criminal offenses at the same time such as manufacturing or cultivation; smuggling, importation, trafficking, transportation
• Other aggravating factors not listed above

Criminal Defense Chandler, AZ | Drug Sales Charges Defense
It is best to consult and hire the best Chandler AZ criminal defense attorney possible for your felony drug charges. Make sure they have a vast amount of experience and litigation in AZ Drug defense, and AZ criminal defense, particularly in Chandler AZ. You will need a skilled Arizona defense lawyer who will develop a solid, strong and compelling defense against the Chandler Arizona prosecution in order to get the best possible outcome for your felony drug sales charges.

If you have been charged with any AZ drug charges including but not limited to drug possession, sales, drug trafficking, drug importation, 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 criminal defense and drug defense Attorney, James Novak at (480) 413-1499.

For more Arizona 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 Chandler AZ, Phoenix AZ, Mesa AZ, Scottsdale AZ, Gilbert AZ, Tempe AZ and other cities within Maricopa County Arizona valley-wide.

September 21, 2010

"How Top drug possession attorneys in Chandler AZ use
The Criminal Justice system and AZ drug laws to defend you"

AZ drug laws are tough and complex. If you have been arrested in Chandler AZ for drug possession charges or face drug possession charges in Chandler AZ, you should consult a criminal defense Attorney who frequently defends drug charges in Chandler Court as early as possible. Some of the best criminal attorneys Chandler, AZ provide free consultations for criminal matters. They will in most cases be able to provide information concerning your rights, drug laws, and drug penalties if convicted, and offer legal representation in your defense.

Drug Possession Charges
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 Chandler Police use to determine if your drug possession charges in Chandler 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 Chandler 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 Chandler AZ or charged with drug possession charges in Chandler 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 defense Attorney. There are many defenses that exist and can be effectively used by a good private practice Chandler 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 top drug possession attorneys in Chandler AZ use 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 Chandler 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 Chandler 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 Chandler 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, Chandler AZ, Scottsdale 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 - Chandler Criminal Defense
Your best chance of getting a good outcome in your case is to hire a good AZ criminal defense or drug defense attorney who defends drug possession charges regularly in Chandler 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 Chandler, AZ.

You should choose an attorney who is capable of presenting compelling arguments on your behalf; an attorney who is assertive, proactive, experienced, and familiar with the many drug possession laws and criminal defenses that can be used. A good Chandler AZ criminal attorney will examine all the evidence and build a strong and solid defense to challenge the Chandler Arizona prosecution's case against you. 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 Chandler 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 your 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, Chandler AZ, Scottsdale AZ, Mesa AZ, Gilbert AZ and other surrounding cities within Maricopa County Arizona valley-wide.