Recently in Marijuana Laws Category

June 11, 2013

Possession of 2-4 pounds indicator of commercial dealings. Convictions call for mandatory prison.

131369_pot_of_gold.jpgCultivation or manufacture of marijuana for non-medicinal purposes (or growing outside the strict guidelines provided in connection with medical marijuana cards) remains a felony in Arizona. Those arrested and prosecuted for felony marijuana manufacturing can face serious punishments at sentencing.

There have been several significant arrests in Phoenix and Tucson for cultivation of marijuana recently. In mid-May, Tucson police found a house where 356 marijuana plants in various stages of growth were growing. They also found $18,000 in cash. On June 3, 2013 a canine unit from the Arizona Department of Public Safety found a driver carrying 7 pounds of marijuana. After arresting him, the Arizona Department of Public Safety searched his house in Phoenix and found 100 marijuana plants as well as handguns and growing equipment.

Marijuana cultivation for non-medicinal purposes is not only illegal, but can also be physically dangerous. On June 6, 2013, a marijuana grow house with about 1 dozen marijuana plants caught fire. The firefighters observed lighting, heaters, and Styrofoam insulation. Equipment used to grow marijuana can require an enormous amount of electricity.

As a result of the equipment used to grow large quantities of marijuana, circuits can get overloaded and wires get overheated, resulting in a fire. An entirely sealed room may require a dehumidifier, which also consumes electricity. Failure to control humidity can lead to mold or rotted wood. If propane powered generators are used, there is also the chance of explosion. Depending upon the circumstances, causing a fire and the ensuing property damage or injury to a person can lead to additional civil or criminal penalties beyond those levied for marijuana manufacturing.

Marijuana cultivation for non-medicinal purposes carries different punishments based on the dried weight of the marijuana. In addition to jail or prison time, those convicted of marijuana cultivation must also pay $750 in fines. If convicted of cultivating an amount less than 2 pounds, sentencing may be for a Class Five felony. As a first offense, marijuana manufacturing can be punished with prison for between 6-2.5 years in custody. A judge may offer a first time offender probation instead. If the defendant has one or more prior felony convictions, incarceration times increase even for this small amount.

If convicted of cultivating a quantity of marijuana with a dry weight of 2-4 pounds, the cultivation is a Class 4 felony that carries a mandatory prison sentence of 1 to 3.75 years of incarceration. With one prior felony conviction, the mandatory prison range is 2.25-7.5 years prison. The amount of mandatory prison time increases the more prior felony convictions a defendant has.

Marijuana cultivated in an amount that exceeds 4 pounds dried is a Class 3 felony with a mandatory prison sentence of 2-8.75 years in prison. This amount can increase up to 25 years of incarceration with two prior felony convictions.

Other penalties may apply in a situation involving a marijuana grow room or outside crop. A defendant may be charged not only with manufacture or cultivation, but also possession, sales, or trafficking depending upon the circumstances. As mentioned above, there may be property damage or other problems associated with a grow room.

There are several defenses to a charge of cultivating marijuana that an experienced criminal defense attorney may be able to raise. A number of these have a constitutional basis and involve the police following flawed procedures. For example, if the police coerced you into making a confession or failed to read you your "Miranda rights," the evidence obtained this way is not admissible at trial. Similarly, where search warrants were not obtained or obtained improperly, they may violate Fourth Amendment rights.

Under certain circumstances, people are arrested and charged who were not aware of marijuana cultivation. This may happen, for example, on a rental property if marijuana is growing outside in a small part of a garden.

If you are arrested for manufacturing marijuana or for another marijuana-related offense, you should retain an attorney knowledgeable about these types of cases to defend and protect your rights. Contact The Law Office of James Novak at 480-413-1499 for a free consultation.


Additional Resources:

Arizona Drug DUI Laws
Arizona Drugs Defined Under Criminal Code
Mesa AZ Police Department

More Blogs

Arizona's Medical Marijuana Law Stands Ground, Phoenix DUI Lawyer Blog, June 4, 2013

Marijuana DUI: The Impact of Montgomery v. Harris, Phoenix DUI Lawyer Blog, March 13, 2013

June 4, 2013

But Medical Marijuana Card Holders Not without Risk

540325_plantator.jpgAlmost three years after passage, Medical marijuana remains controversial in Arizona. Medical Marijuana was legalized in 2010 through voter passage of the Arizona Medical Marijuana Act (AMMA). The purpose of the AMMA is to protect patients with debilitating medical conditions, so that they can obtain necessary relief.

AMMA allows patients to get a registration identification card to show law enforcement officers that they are permitted to use marijuana for medicinal purposes. Visitors from another state that recognizes medical marijuana, like California, with equivalent cards are also protected.

Notwithstanding these state protections, some law enforcement officers refuse to recognize the card. Federal law, which trumps state law, does not recognize or permit a medicinal use for marijuana. An appellate case heard earlier this year further legitimized medical marijuana cards, but the facts of the case illustrate that it there are still risks from a legal perspective to be a medical marijuana user in Arizona.

In the case, a California driver (the defendant) was stopped when she entered Arizona. The authorities found and seized marijuana and other contraband. The State filed drug charges against the driver, dismissing them only after she produced proof of permission to use marijuana for medical purposes. The Superior Court ordered that the driver's marijuana be returned.

The State appealed. It argued that the superior court could not order the sheriff to return the marijuana and that Arizona law not only requires "summary forfeiture" of any marijuana seized by law enforcement, but the sheriff could not return the driver's marijuana or risk violating federal law and getting prosecuted.

The appellate court reasoned that law enforcement officers did not seize the marijuana in connection with a drug offense, since the driver was permitted to possess marijuana for medical purposes. Nor could the State win on the grounds that it could keep marijuana that came into its possession. This was because to do that would require either bringing civil forfeiture proceedings, or to be holding drugs possessed in a crime. Since AMMA decriminalized medical marijuana, the latter situation did not exist.

The State also argues that the AMMA did not expressly require them to return marijuana from a qualifying patient. The appellate court disagreed. It noted that no penalty could be placed on a qualified patient under the statute.

The State had also argued that the sheriff could be prosecuted for transferring marijuana under federal law. This, too, the appellate court repudiated. Federal law "immunizes" law enforcement officials who follow a court order.

The State's final argument was that the superior court could not order that the driver's marijuana be returned to her because her possession was a federal crime. The appellate court declined to decide whether federal law preempted AMMA for purposes of adjudicating this case. There was no actual or threatened prosecution of the driver under federal law, and the State was not a party with a personal stake who had standing to argue that federal law prevented the driver from possessing the marijuana. Accordingly, the appellate court affirmed the ruling of the superior court.

It's clear that this will not be the last time a defendant will have to deal with a situation in which state law enforcement attempt to ignore AMMA. Officers may continue to arrest drivers, requiring them to come to court to fight the charges brought against them.


Additional Resources:

Arizona Drug DUI Laws

Arizona Court of Appeals Division 1

Arizona Drugs Defined Under Criminal Code

Continue reading "Arizona's Medical Marijuana Law Stands Ground " »

July 31, 2012

On July 29, 2012 Arizona's Governor Jan Brewer denied the request to halt implementation of the Medical Marijuana Law voted in by Arizonans in November 2010.

Governor Brewer stated in a letter to the Yavapai County Attorney, that she is "duty-bound" from such halt because "the voters approved it". Approximately 29,500 people have received their Medical Marijuana cards.

The letter signed by Arizona County Attorneys in 13 Counties, including Maricopa County, requested an immediate halt due to the following concerns:

• Arizona Medical Marijuana laws are preempted by the federal Controlled Substances Act ("CSA");
• Imminent threats of seizures and closures of dispensaries in Arizona by the U.S. Attorney exist;
• State employees involved or who participate in conduct that is in violation of Federal offenses is compelling enough to take immediate action to halt of ADHS licensing.

Despite the fact that Governor Brewer did not support the passage of the Arizona Medical Marijuana Act (AMMA), she feels strongly she has a duty to support its' existence which was voted into law by the people of Arizona. She stands on firm ground with her decision, and will move forward with implementation until and unless she is notified by the higher Court that State employees will be prosecuted by administration of the law within their duties.

Arizona Laws

As it stands now Medical Marijuana laws allow for, among other things the following provisions:

• No limit exists as to the amount an approved and licensed dispensary may grow;
• Qualified Patients with valid Medical Marijuana cards may purchase 2.5 ounces every two week.

Arizona Drug DUI and Marijuana DUI Laws

All medical marijuana users should understand that although they are qualified users, with valid cards, that do not prevent them from being arrested for Drug DUI.
Under A.R.S § 13-3401, any person "driving impaired to the slightest degree" due to the influence of alcohol, drugs, or Marijuana, they may still be charged with a DUI. The other fact to keep in mind is that Marijuana stays in the blood stream much longer than alcohol. So even in small amounts, it may show positive on DUI blood or chemical testing days or even weeks after it was smoked or ingested.

Consequences of DUI with Drugs or Marijuana DUI

If you are arrested in Arizona for a Drug DUI, or Marijuana DUI you should consult a criminal defense attorney to discuss your matter and defense options. Penalties for Marijuana DUI Convictions are as severe as those for Alcohol related DUI charges. They carry mandatory jail sentencing; suspension of driver's license; probation; alcohol/drug education, counseling and screening; fines, fees, and assessment costs. You should retain proper legal representation for your charges. They will make sure your rights are protected; that you are treated fairly; and work to get the best resolution in your case. Favorable outcomes may include dismissal of charges, reduction of sentencing; avoidance of jail or other harsh penalties.

Continue reading "County Attorneys want halt on Arizona Medical Marijuana Law Implementation" »

July 22, 2012

Marijuna Defense Attorney Phoenix, AZ.jpg On July 20, 2012 The Arizona Department of Health Services (ADHS) announced its' denial to add 4 conditions to its qualifying Medical Marijuana Act Program. They concluded that Post Traumatic PTSD, Migraines, Anxiety Disorder, and Depression.

Marijuana Possession for Use Charges Phoenix AZ

Under Arizona Law ARS § 13-3405 Possession of Marijuana, intended for personal use, results in Felony charges ranging from Class 4, 5 or 6 depending on certain factors including:

 Aggravated factors results in more serious charges and penalties;
 Mitigating factors will help reduce severity of penalties;
 If the offense involves a person under 18 years of age, more severe charges and penalties will apply.
 The higher the quantity of Marijuana found in a person's possession, the more severe the charges;
 If the drug crime involved dangerous or violent offense charges and penalties will be harsh;
 Whether the person is a first time offender or repeat offender.

Medical Marijuana use is legal under current law under specified circumstances including a restricted amount allowed to be in their possession; and only for persons who qualify under the medical marijuana guidelines of The Arizona Department of Health Services (ADHS).

Marijuana Use and Possession Penalties

All Marijuana Possession convictions expose a person to jail or prison terms; drug screening, education or treatment programs; large fines, fees, and court and assessment costs; community service, and other penalties. Due to the frequent changes in drug laws, including those for Medical Marijuana, this is always subject to change. So if you have been charged or arrested for possession of Marijuana you should always consult an experienced criminal defense attorney to discuss you matter, current laws, and options for defense.

Certain First time offenders may qualify for Maricopa County Drug Court under certain circumstances. Successful Completion of this drug diversion program, is an alternative to incarceration, and other harsh penalties. The person must be eligible and invited into the program. If you feel you may be eligible for it, you should consult a criminal defense attorney to will provide assistance for you to be accepted into the program.

Continue reading "Arizona says "No" Medical Marijuana for PTSD as Qualifying Medical Condition" »

April 10, 2012

Arizona DUI Enforcement Statistics for 2011 were released recently from the Governor's Office of Highway Safety. Results concluded that Arizona DUI arrests increase 29% in 2011 over prior year. Drug DUI arrests were made in staggering numbers throughout Maricopa County and the State of Arizona. For example, in the city of Mesa, Arizona Drug DUI arrests constituted 52% of all of Mesa's DUI arrests.

Officials report major factors for the increased DUI arrests from 9,353 in 2010 to 27,125 in 2011 were the result of heightened presence of DUI Task Force and DUI Sobriety Checkpoints in Arizona. Drug DUI arrests were made in record numbers. Police believe that one of the reasons for the increased DUI drugs arrests was that many people are not aware that driving "impaired to the slightest degree" due to the influence of Marijuana, Medical Marijuana, Controlled substances; Prescription drugs, and even over- the-counter drugs.
.
Arizona Drug DUI Laws A.R.S. § 28-1381 (A)(3)

"A.R.S. § 28-1381. Driving or actual physical control while under the influence
A. It is unlawful for a person to drive or be in actual physical control of a vehicle in this state under any of the following circumstances...

1. While under the influence of intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances if the person is impaired to the slightest degree...
3. While there is any drug defined in section 13-3401 or its metabolite in the person's body"

Drug Dui offenses in absence of Aggravated Factors are charged as Class 1 Misdemeanors.

Additional examination, implications, and Drug DUI penalties information are discussed in a Press Release by the Law Office of James Novak.


Criminal Defense for Drug DUI charges in Maricopa County

You should always consult a Drug DUI, DUI, or criminal defense attorney if you face DUI charges as soon as possible. The penalties and consequences are harsh. You will need an experienced criminal attorney to defend your charges. There may be defenses you are not aware of that can be used to challenging your charges of DUI with Marijuana or other drugs. Your chances of getting a good resolution to your case will significantly increase with the retention of a good private practice DUI and criminal defense attorney.

Continue reading "Arizona DUI arrests increase 29% in 2011 over prior year. Drug DUI arrests increase in staggering numbers." »

March 29, 2012


Marijuana Possession Laws in Arizona

If a person is convicted of Marijuana possession charges, in Arizona that exceed the statutory "Threshold Amount" of 2 pounds, they will face mandatory prison sentencing. Arizona has specified "Threshold Amounts" for illegal drugs and controlled substances. If drug charges involve an amount that exceeds, the Threshold Amount for that specified drug, state mandatory prison sentencing will apply, even for a first offense.

Marijuana "Threshold Amount" - A.R.S.13-3401.36 Under Arizona Law "Threshold Amount" means:

A weight, market value, street value, or other measurement form of an illegal drug, substance or chemical that equals or exceeds an amount specified under the law. The Threshold Amount for Marijuana Possession is 2 pounds. If a person is found to have in their possession an amount that equals or exceeds the 2 pound Threshold Limit, they will face mandatory prison sentencing. The higher the quantity exceeds the Threshold Limit, the longer the prison term will be in sentencing.

Arizona Marijuana Possession Penalties

Most drug offenses are charged in multiples, or more than one offense resulting from one incident. For example, if you are charged with Marijuana Possession, you may also be charged with a second offense, possession of Marijuana drug paraphernalia. Below is the mandatory sentencing chart for Marijuana Possession, for drug crimes that equal or exceed the statutory Threshold Amount Limit.

A. For drug crimes involving quantities that Equal or Exceed Statutory Threshold Amounts A.R.S. 3419 (A)(3),(4) include the following mandatory prison sentence ranges:

• Second offense:

Class 2 - 3.0 to 12.5
Class 3 - 1.8 to 8.7
Class 4 - 1.1 to 3.7

• Third or more:

Class 2 - 4.0 to 15
Class 3 - 2.5 to 11.2
Class 4 - 1.5 to 6.2
Class 5 - 0.75 to 5.0

B. Fines for felony drug convictions can be as high as $150,000 per criminal charge per person; and for enterprises, can be ordered as high as $1,000,000 per charge, depending on the quantity involved and other circumstances of the incident.

C. Penalties will also include completion of a court ordered drug counseling or treatment program at their expense; probation; and other fees, costs, and assessments.

Defense for Marijuana drug possession charges Phoenix AZ

If you face active Marijuana drug charges in Arizona, you should consult an experienced criminal defense lawyer who defends drug charges frequently. f you face Felony Marijuana possession charges that exceed the Arizona Threshold Amount you will be exposed to harsh prison sentencing. If retained a qualified criminal defense lawyer will protect your rights, and defend your charges. If the charges cannot be dismissed, then the Threshold Amount is a critical area of defense. Your attorney may seek to challenge the Threshold Amount you were accused to have in your possession. If successful, it may help you avoid harsh mandatory prison sentencing; reduce charges and penalties.

Continue reading "Marijuana Possession Laws and Defense: Why challenging Marijuana "Threshold Amounts" is crucial to defending drug possession charges" »

January 18, 2011

Marijuana Attorney Scottsdale | Criminal Defense

"The key to a successful defense is early retention of your Scottsdale Marijuana Attorney."

Marijuana Attorney Scottsdale AZ | Criminal Defense
A Scottsdale drug charge is not a conviction. You have a chance at freedom by defending your charges with a qualified Marijuana Sales Attorney. With a good Drug defense lawyer your chances of getting your charges dismissed, reduced, or good outcome in your case significantly increase. You have a constitutional right to retain a criminal Attorney. . A good Scottsdale Marijuana Attorney, AZ criminal defense, or drug defense attorney in Arizona will challenge the prosecution's case against you. The best Scottsdale Marijuana attorneys will do everything possible to try to get your charges dismissed or reduced, protect your rights, future and freedom. The key to a successful defense is early retention of your Scottsdale Marijuana attorney.

The best drug defense lawyers, criminal attorneys, and Marijuana lawyers know which defenses to use to most effectively defend your Marijuana sales charges. Every situation is different and carries its on set of circumstances, but Marijuana sales charges can and do get dismissed even if it seems like the odds are against you. An experienced criminal attorney will do everything possible to get your charges dismissed, use every defense possible to challenge the evidence and get the charges dismissed, reduced, or the best possible outcome in your case. There is no magic, and no crystal ball. It simply a matter of using the criminal justice system and your constitutional rights in your favor and being defended by an attorney who can present your defense case with compelling arguments on your behalf through the proper legal channels.

For more information about specific defenses that Marijuana defense attorneys use to challenge Marijuana Sales Charges visit the following website and web page:
http://www.arizonacriminaldefenselawyer.com/lawyer-attorney-1651190.html.

Scottsdale Marijuana Charges
You will need to contact a Scottsdale AZ Marijuana attorney or drug defense lawyer who defends cases frequently in Scottsdale AZ courts through the criminal justice system. If you have been charged or arrested in Scottsdale, AZ for Marijuana (pot, cannabis, or weed) possession, sales, cultivation, import, trafficking, smuggling, and possession with intent to sell, or any other Marijuana charges as soon as possible.

These are very serious charges in Scottsdale AZ. Some of the best Marijuana attorneys and drug defense lawyers in Scottsdale provide free consultations, and will be able to provide you with insight concerning the charges, and penalties, and discuss you defense options.

Scottsdale AZ Marijuana, pot, cannabis, or weed is the most common of all drug offenses Arizona. However, this does not reduce the serious nature of sentencing and punishment if you are convicted. Scottsdale, AZ is tough on drug crimes. Sentencing is harsh for convictions. Penalties include jail or prison, exorbitant fees and other penalties for Marijuana sales, possession with intent to sell, Marijuana cultivation, Marijuana import or transport, Marijuana trafficking, or Marijuana smuggling,

Scottsdale Marijuana Sales Laws:
Scottsdale Arizona Marijuana sales laws are strict, and penalties extremely harsh. They are governed, defined, and specifically classified under the State of Arizona's Criminal Law:

"Arizona Revised Statutes (A.R.S.) - Title 13 Criminal Code - Chapter 34 DRUG OFFENSES...13-3405 Possession, use, production, sale or transportation of marijuana; classification...
A. A person shall not knowingly: ...
2. Possess marijuana for sale.
3. Produce marijuana.
4. Transport for sale, import into this state or offer to transport for sale or import into this state, sell, transfer or offer to sell or transfer marijuana...."
Scottsdale Marijuana Sales Penalties
Marijuana sale convictions in Scottsdale carry minimum prison sentences ranging from 1 to 5 years, In addition to prison time you will face exorbitant fines, starting at $750 to $150,000.00.

Below is a list of some factors considered in sentencing through the criminal justice system if convicted of Scottsdale Marijuana sales. This list is not all inclusive.
• Quantity of marijuana involved in the sale or possession with intent to sell.
• If the prosecution can prove that amount of marijuana was over the statutory threshold of two pounds;
• Prior criminal record;
• First time offender or repeat offense;
• Weapon (s) involved;
• Selling or attempting to sell the drugs to a minor;
• Injury or death of a person (s) involved with the drug sale;
• Any other aggravating or extenuating circumstances.
For more criminal defense or DUI defense tips, free videos, and free dui defense books, visit http://www.arizonacrimialdefenselawyer.com

Continue reading "Arrested for Selling Marijuana: Laws, Penalties, and Sentencing Guidelines" »

January 11, 2011

Chandler AZ Marijuana DUI Defense

"The Passing of Medical Marijuana Prop 203, will not affect Chandler Arizona's strict Drug DUI laws... But top Marijuana DUI defense attorneys will examine the evidence to determine if a compelling argument can be made and motions filed to suppress drug DUI and Marijuana DUI test results evidence due to inaccuracies".

Chandler DUI with Marijuana Charges
The passing of Medical Marijuana Prop 203 law, will not affect Chandler Arizona's Drug DUI laws. Even if you are a qualified card holder to use Medical Marijuana (pot, weed, grass, cannabis) you will not get immunity against the strict Chandler DUI laws. Without a doubt, Chandler Arizona is on all DUI and Drug DUI charges. If you are stopped by the Chandler police and determined to be driving "impaired to the slightest degree" with Marijuana in your system, you may be arrested or charged with an Arizona Marijuana DUI or Drug DUI. If so, you should consult an Arizona drug defense, criminal defense, or DUI lawyer as soon as possible to discuss your Arizona Marijuana DUI or Drug DUI charges and defense options.

Chandler Marijuana DUI Laws
Chandler Marijuana DUI laws fall under the authority of Arizona State Laws. Arizona Law prohibits use of driving a vehicle while "impaired to the slightest degree", due to any drug, alcohol, vapor releasing, intoxicating, or toxic substance in the body. Arizona DUI laws are strict.

Even if you are a certified Medical Marijuana card holder in Chandler AZ for use of medical Marijuana, or you have taken any other drug legally prescribed by a licensed physician, or an over-the-counter drug at your local drug store while driving and found to be "impaired to the slightest degree", A.R.S. 28-1381 3.B. will apply. Below are portions of the Arizona DUI drug laws:

Arizona Revised Statutes
"A.R.S. 28-1381. Driving or actual physical control while under the influence; trial by jury; presumptions; admissible evidence; sentencing; classification
A. It is unlawful for a person to drive or be in actual physical control of a vehicle in this state under any of the following circumstances:
1. While under the influence of intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances if the person is impaired to the slightest degree....
3. While there is any drug defined in section 13-3401 or its metabolite in the person's body...
B. It is not a defense to a charge of a violation of subsection A, paragraph 1 of this section that the person is or has been entitled to use the drug under the laws of this state.
C. A person who is convicted of a violation of this section is guilty of a class 1 misdemeanor...."

Drug Marijuana DUI Testing Chandler AZ | DUI Marijuana evidence
The two most common ways Chandler AZ police test for DUI with Marijuana is through blood testing and urine testing. Both are controversial with regard to the test results and may be argued by your marijuana DUI defense lawyer as to whether or not they are admissible or should be suppressed as improper evidence depending on many circumstances. The Chandler Prosecutors generally insist that the blood or urine testing is accurate and should be admissible as evidence to use against you. But Top Drug DUI defense attorneys will examine the evidence to determine if a compelling argument can be made and motions filed to suppress drug DUI and Marijuana DUI test results evidence due to inaccuracies.

Arizona Marijuana DUI Penalties
Arizona has some of the toughest laws in the country for Drug DUI and any DUI. Below are jail or prison guidelines for DUI convictions. Note this chart does not include other penalties, fines, fees or punishments that apply for Chandler DUI convictions. References are from A.R.S. 28 - 1381, 28-1382, and 28-1383:

• First DUI (non-extreme) .08+ BAC.................. 24 Hours in Jail
• Second DUI (non-extreme) .08+ BAC.................30 Days in Jail
• First DUI Extreme .15+ BAC ......................... .30 Days in Jail
• Second DUI Extreme .15+ BAC......................... 120 Days in Jail
• First DUI Super Extreme .20+ BAC.................... 45 Days in Jail
• 2nd Super Extreme .20+ BAC..........................180 Days in jail
• Felony DUI (with aggravated classification)......4 Months in Prison
.
Marijuana DUI Defense Attorney Chandler, AZ
The criminal justice system in Chandler Arizona is a maze of procedures, protocol, turbulent legislation, and case law. The Chandler Court is not empathetic to persons charged with DUI, or DUI with drugs of any kind. The job of the Chandler AZ prosecution is to convict you. They are not there to help you or to examine defense strategies to help you defend yourself. Don't count on the judge for favor or help in your defense. The court judge can not do anything to help you unless proper motions and compelling arguments in your defense are presented through the proper legal channels.

You will need a strong criminal defense attorney, Arizona DUI lawyer or criminal defense attorney in Arizona. There is too much for you at stake to go unrepresented by a proper Arizona DUI lawyer. They will be your ally you need to protect your rights, make sure you are treated fairly, defend you, and do everything possible, to try to get your charges dismissed, reduced or the otherwise best outcome in your case.

Continue reading "Marijuana DUI Charges: What you need to know about drug DUI laws, and penalties" »

December 21, 2010

Marijuana Attorney Gilbert
"The best Arizona Marijuana attorneys will do everything possible to try to get your charges dismissed or reduced, protect your rights, future and freedom. The key to a successful defense is early retention of your Gilbert drug defense lawyer."

Marijuana Attorney in Gilbert AZ | Criminal Defense
A Gilbert drug Charge is not a conviction. You have a chance at freedom by defending your charges with a qualified Marijuana Sales Attorney. With a good Drug defense lawyer your chances of getting your charges dismissed, reduced, or good outcome in your case significantly increase. You have a constitutional right to retain a Gilbert AZ criminal Attorney. A good Gilbert Marijuana Attorney, AZ criminal defense, or drug defense attorney in Arizona will challenge the prosecution's case against you. The best Arizona Marijuana attorneys will do everything possible to try to get your charges dismissed or reduced, protect your rights, future and freedom. The key to a successful defense is early retention of your Gilbert drug defense lawyer.

Top drug defense lawyers, criminal attorneys, and Marijuana lawyers know which defenses to use to most effectively defend your Marijuana sales charges. Every situation is different and carries its on set of circumstances, but Marijuana sales charges can and do get dismissed even if it seems like the odds are against you. An experienced criminal attorney will do everything possible to get your charges dismissed, use every defense possible to challenge the evidence and get the charges dropped, reduced, or the best possible outcome in your case.

There is no magic, and no crystal ball. It simply a matter of using the criminal justice system and your constitutional rights in your favor and being defended by an attorney who can present your defense case with compelling arguments on your behalf through the proper legal channels.

Gilbert Marijuana Charges
You will need to contact a Gilbert AZ Marijuana attorney or drug defense lawyer who defends cases frequently in Gilbert AZ courts through the criminal justice system. If you have been charged or arrested in Gilbert, AZ for Marijuana (also called pot, cannabis, or weed) possession, sales, cultivation, import, trafficking, smuggling, and possession with intent to sell, or any other Marijuana charges as soon as possible. These are very serious charges in Gilbert AZ. Some of the best Marijuana attorneys and drug defense lawyers in Gilbert provide free consultations, and will be able to provide you with insight concerning the charges, and penalties, and discuss you defense options.

Gilbert AZ Marijuana, pot, cannabis, or weed is the most common of all drug offenses Arizona. However, this does not reduce the serious nature of sentencing and punishment if convicted. Gilbert, AZ has particularly harsh sentencing for convictions including jail or prison, and exorbitant fees and other penalties for Marijuana sales, possession with intent to sell, Marijuana cultivation, Marijuana import, Marijuana trafficking, or Marijuana smuggling,

Gilbert Marijuana Sales Laws:
Gilbert AZ Marijuana sales laws are very strict, and penalties extremely harsh. They are defined, and specifically classified under the State of Arizona's Criminal Law: So Marijuana Sales Charges in Gilbert AZ are subject to the rules of authority of Arizona State Law and criminal code:

"Arizona Revised Statutes (A.R.S.) - Title 13 Criminal Code - Chapter 34 DRUG OFFENSES...13-3405 Possession, use, production, sale or transportation of marijuana; classification...

A. A person shall not knowingly: ...
2. Possess marijuana for sale.
3. Produce marijuana.
4. Transport for sale, import into this state or offer to transport for sale or import into this state, sell, transfer or offer to sell or transfer marijuana...."

Gilbert Marijuana Sales Penalties
Marijuana sales convictions in Gilbert AZ, carry minimum prison sentences that range from 1 to 5 years, In addition to incarceration in prison if convicted, you will face exorbitant fines, starting at $750 to $150,000.00.
Below is a list of some factors considered in sentencing if convicted of Gilbert Marijuana sales. This list is not all inclusive.
• Quantity of marijuana involved in the sale or possession with intent to sell.
• If the prosecution can prove that amount of marijuana was over the statutory threshold of two pounds;
• Prior criminal record;
• First time offender or repeat offense;
• Weapon (s) involved;
• Selling or attempting to sell the drugs to a minor;
• Injury or death of a person (s) involved with the drug sale;
• Any other aggravating or extenuating circumstances.

Marijuana Attorney in Gilbert AZ | Criminal Defense
A Gilbert drug Charge is not a conviction. You have a chance at freedom by defending your charges with a qualified Marijuana Sales Attorney. With a good Drug defense lawyer your chances of getting your charges dismissed, reduced, or good outcome in your case significantly increase. You have a constitutional right to retain a Gilbert AZ criminal Attorney. A good Gilbert Marijuana Attorney, AZ criminal defense, or drug defense attorney in Arizona will challenge the prosecution's case against you. The best Arizona Marijuana attorneys will do everything possible to try to get your charges dismissed or reduced, protect your rights, future and freedom. The key to a successful defense is early retention of your Gilbert drug defense lawyer.

Top drug defense lawyers, criminal attorneys, and Marijuana lawyers know which defenses to use to most effectively defend your Marijuana sales charges. Every situation is different and carries its on set of circumstances, but Marijuana sales charges can and do get dismissed even if it seems like the odds are against you. An experienced criminal attorney will do everything possible to get your charges dismissed, use every defense possible to challenge the evidence and get the charges dropped, reduced, or the best possible outcome in your case.

Continue reading "Gilbert Marijuana Sales Laws" »

December 17, 2010

Marijuana Attorney Chandler | Criminal Defense

"A good Chandler Marijuana Attorney, AZ criminal defense, or drug defense attorney in Arizona will know what defenses to use to challenge the prosecution's case against you based on the facts of your Marijuana sales charges."

Marijuana Attorney Chandler AZ | Criminal Defense
A Chandler drug charge is not a conviction. You have a chance to fight and challenge your Marijuana charges with a qualified Marijuana Sales Defense Attorney. With a good Drug defense lawyer your chances of getting your charges dismissed, reduced, or good outcome in your case significantly increase. You have a constitutional right to retain a criminal Attorney. A good Chandler Marijuana Attorney, AZ criminal defense, or drug defense attorney in Arizona will know what defenses to use to challenge the prosecution's case against you based on the facts of your Marijuana sales charges. The best Chandler Marijuana attorneys will do everything possible to try to get your charges dismissed or reduced, protect your rights, future and freedom. The key to a successful defense is early retention of your Chandler Marijuana attorney.

The best drug defense lawyers, criminal attorneys, and Marijuana lawyers know which defenses to use to most effectively defend your Marijuana sales charges. Every situation is different and carries its on set of circumstances. But Marijuana sales charges can and can sometimes get dismissed even if it seems like the odds are against you. An experienced criminal attorney will do everything possible to get your charges dismissed, use every defense possible to challenge the evidence and get the charges dismissed, reduced, or the best possible outcome in your case. Defenses your Marijuana defense attorney can use should not be a secret. It is a matter of using the criminal justice system and your constitutional rights in your favor, and retaining an attorney who can present compelling arguments on your behalf based on the circumstances of your charges. For more information about specific defenses that Marijuana defense attorneys use to challenge Marijuana Sales Charges visit:
http://www.arizonacriminaldefenselawyer.com/lawyer-attorney-1651190.html.

Chandler Marijuana Charges
You will need to contact a Chandler AZ Marijuana attorney or drug defense lawyer who defends cases frequently in Chandler AZ courts through the criminal justice system. If you have been charged or arrested in Chandler, AZ for Marijuana (pot, cannabis, or weed) possession, sales, cultivation, import, trafficking, smuggling, and possession with intent to sell, or any other Marijuana charges as soon as possible. These are very serious charges in Chandler AZ. Some of the best Marijuana attorneys and drug defense lawyers in Chandler provide free consultations, and will be able to provide you with insight concerning the charges, and penalties, and discuss you defense options.
Chandler AZ Marijuana, pot, cannabis, or weed is the most common of all drug offenses Arizona. However, this does not reduce the serious nature of sentencing and punishment if you are convicted. Chandler, AZ is tough on drug crimes. Sentencing is harsh for convictions. Penalties include jail or prison, exorbitant fees and other penalties for Marijuana sales, possession with intent to sell, Marijuana cultivation, Marijuana import or transport, Marijuana trafficking, or Marijuana smuggling,

Chandler Marijuana Sales Laws:
Chandler Arizona Marijuana sales laws are strict, and penalties extremely harsh. They are governed, defined, and specifically classified under the State of Arizona's Criminal Law:

"Arizona Revised Statutes (A.R.S.) - Title 13 Criminal Code - Chapter 34 DRUG OFFENSES...13-3405 Possession, use, production, sale or transportation of marijuana; classification...
A. A person shall not knowingly: ...
2. Possess marijuana for sale.
3. Produce marijuana.
4. Transport for sale, import into this state or offer to transport for sale or import into this state, sell, transfer or offer to sell or transfer marijuana...."
Chandler Marijuana Sales Penalties
Marijuana sale convictions in Chandler carry minimum prison sentences ranging from 1 to 5 years, In addition to prison time you will face exorbitant fines, starting at $750 to $150,000.00.

Below is a list of some factors considered in sentencing through the criminal justice system for Chandler Marijuana sales charge convictions. This list is not all inclusive.
• Quantity of marijuana involved in the sale or possession with intent to sell.
• If the prosecution can prove that amount of marijuana was over the statutory threshold of two pounds;
• Prior criminal record;
• First time offender or repeat offense;
• Weapon (s) involved;
• Selling or attempting to sell the drugs to a minor;
• Injury or death of a person (s) involved with the drug sale;
• Any other aggravating or extenuating circumstances.

For more criminal defense or DUI defense tips, free videos, and free dui defense books, visit http://www.arizonacrimialdefenselawyer.com

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December 15, 2010

Criminal Defense | Scottsdale DUI Lawyers

"Due to the length of time it takes for the human body to expel Marijuana, testing could prove positive for traces of it even if a month went by since you smoked or used it. If the Marijuana did not impair your ability to drive, is it fair to convict and prosecute you of a Drug DUI? Top Scottsdale DUI Defense Lawyers think not, and will present compelling arguments and file appropriate motions in your defense."

Scottsdale DUI Drug Charges
If you have been arrested or charged in Scottsdale with a DUI with Marijuana (Pot, Grass, Weed, Cannabis) in Arizona you will face serious consequences if convicted. You should contact an Arizona Marijuana DUI or Drug DUI lawyer in Arizona to discuss your charges and defense options. This means you can get a DUI without ever taking a drink of alcohol.

If Scottsdale police stop you because they suspect you of DUI in Scottsdale, AZ, they will usually begin investigating with questions, request that you participate in field sobriety testing, and a breathalyzer test. If the breathalyzer test turns up negative, and they still suspect you of driving impaired due to being under the influence of drugs or other substances, they will usually proceed with drug testing. If you refuse and police have legal and just cause for the testing, the police officer will obtain a warrant from the judge and will get the testing anyway. A refusal will also cost you a suspension of your license.

Drug DUI Testing for Marijuana in Scottsdale, AZ
The primary testing for DUI with Marijuana in Arizona is urine testing, and blood testing of THC (Tetrahydrocannabinol) levels in your system. THC is the primary psychoactive ingredient in Marijuana. Arizona DUI prosecutors insist that urine and blood testing is accurate. But the fact is, that both can have their flaws, and are surrounded by controversy, and suspected to human and technical errors. Arizona criminal defense and DUI lawyers argue that a common problem with Marijuana DUI testing is the fact that Marijuana can commonly stay in a person's blood stream or urine for up to 30 days, shorter or longer. The speed for which Marijuana leaves the body varies by individual based on many factors. Tests results can also be affected by these factors as well as additional variables including but not limited to the following:

1) Amount of Marijuana smoked or used,
2) Your own metabolism rate,
3) Frequency you smoke or consume marijuana,
4) Whether or not you have taken any detoxifying products,
5) The last time you smoked,
6) The amount Marijuana smoked or consumed,
7) The pace at which you smoked, the marijuana,
8) Fluid and food intake prior to the testing,
9) Other Drug Toxins that may be in your system

Scottsdale Drug DUI Lawyers - Marijuana Drug DUI Defenses
Due to the length of time it takes for the human body to expel Marijuana, testing could prove positive for traces of Marijuana you smoked a month ago, or longer. And if those traces of Marijuana did not impair your ability to drive to the slightest degree, is it fair to convict and prosecute you of a DUI? Top Scottsdale DUI Lawyers think not. Good Scottsdale criminal defense attorneys will know what to look for, and how to present compelling arguments and file appropriate motions in your defense.

Penalties are severe for any type of DUI in Scottsdale, AZ, including Drug DUI or Marijuana DUI. You will need a strong defense from a good Scottsdale criminal defense attorney, DUI lawyer or Drug DUI attorney. A good Scottsdale DUI attorney in Arizona will consider all the facts; examine the evidence; examine accuracy of test results that the prosecution plans to use against you, interview or depose witnesses including arresting police officers; determine if the testing methods were proper; blood draw procedures; check expiration on testing kits and their prior maintenance, storage of test samples; credentials of the person (s) to conducted the testing; determine if any of your constitutional rights were violated; and many consider the many defenses that can be used for Drug DUI or Marijuana DUI charges. Then your Scottsdale DUI lawyer will determine what the best defense strategy will given your set of circumstances, to try and get your charges dismissed, reduced, or the otherwise best outcome in your case.

Continue reading "Marijuana DUI Testing in Scottsdale AZ | Drug DUI " »

December 11, 2010

Mesa AZ Marijuana DUI Defense

"The Medical Marijuana Prop 203 passing, will not affect Mesa Arizona's Drug DUI laws... But top drug DUI defense attorneys will examine the evidence to determine if a compelling argument can be made and motions filed to suppress drug DUI and Marijuana DUI test results evidence due to inaccuracies".

Mesa DUI with Marijuana Charges
The passing of Medical Marijuana Prop 203 law, will not affect Mesa Arizona's Drug DUI laws. Even if you are a qualified card holder to use Medical Marijuana (pot, weed, grass, cannabis) you will not get immunity against the strict Mesa DUI laws. If you are stopped by the Mesa police and determined to be driving "impaired to the slightest degree" with Marijuana in your system, you may be arrested or charged with an Arizona Marijuana DUI or Drug DUI. If so, you should consult an Arizona drug defense, criminal defense, or DUI lawyer as soon as possible to discuss your Arizona Marijuana DUI or Drug DUI charges and defense options.

Mesa Marijuana DUI Laws
Mesa Marijuana DUI laws fall under the authority of Arizona State Laws. Arizona Law prohibits use of driving a vehicle while "impaired to the slightest degree", due to any drug, alcohol, vapor releasing, intoxicating, or toxic substance in the body. Arizona DUI laws are strict.

Even if you are a certified Medical Marijuana card holder in Mesa AZ for use of medical Marijuana, or you have taken any other drug legally prescribed by a licensed physician, or an over-the-counter drug at your local drug store while driving and found to be "impaired to the slightest degree", A.R.S. 28-1381 3.B. will apply. Below are portions of the Arizona DUI drug laws:

Arizona Revised Statutes
"A.R.S. 28-1381. Driving or actual physical control while under the influence; trial by jury; presumptions; admissible evidence; sentencing; classification
A. It is unlawful for a person to drive or be in actual physical control of a vehicle in this state under any of the following circumstances:
1. While under the influence of intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances if the person is impaired to the slightest degree....
3. While there is any drug defined in section 13-3401 or its metabolite in the person's body...
B. It is not a defense to a charge of a violation of subsection A, paragraph 1 of this section that the person is or has been entitled to use the drug under the laws of this state.
C. A person who is convicted of a violation of this section is guilty of a class 1 misdemeanor...."

Mesa Drug DUI with Marijuana Testing | DUI Marijuana evidence
The two most common ways Arizona police test for DUI with Marijuana is through blood testing and urine testing. Both are controversial with regard to the test results and may be argued by your marijuana DUI defense lawyer as to whether or not they are admissible or should be suppressed as improper evidence depending on many circumstances. The Mesa prosecution will usually insist that the blood or urine testing is accurate and admissible as evidence to use against you. But top drug DUI defense attorneys will examine the evidence to determine if a compelling argument can be made and motions filed to suppress drug DUI and Marijuana DUI test results evidence due to inaccuracies.

Arizona Marijuana DUI Penalties
Arizona has some of the toughest laws in the country for Drug DUI and any DUI. Below are jail or prison guidelines for DUI convictions. Note this chart does not include other penalties, fines, fees or punishments that apply for Mesa DUI convictions. References are from A.R.S. 28 - 1381, 28-1382, and 28-1383:

• First DUI (non-extreme) .08+ BAC.................. 24 Hours in Jail
• Second DUI (non-extreme) .08+ BAC.................30 Days in Jail
• First DUI Extreme .15+ BAC ......................... .30 Days in Jail
• Second DUI Extreme .15+ BAC......................... 120 Days in Jail
• First DUI Super Extreme .20+ BAC.................... 45 Days in Jail
• 2nd Super Extreme .20+ BAC..........................180 Days in jail
• Felony DUI (with aggravated classification)......4 Months in Prison
.
Marijuana DUI Defense Attorney Mesa, AZ
The criminal justice system in Mesa Arizona is a maze of procedures, protocol, turbulent legislation, and case law. The Mesa Court is not empathetic to persons charged with DUI, or DUI with drugs of any kind. The job of the Mesa AZ prosecution is to convict you. They are not there to help you or to examine defense strategies to help you defend yourself. Don't count on the judge for favor or help in your defense. The court judge can not do anything to help you unless proper motions and compelling arguments in your defense are presented through the proper legal channels. You will need a strong criminal defense attorney, Arizona DUI lawyer or criminal defense attorney in Arizona. There is too much for you at stake to go unrepresented by a proper Arizona DUI lawyer. They will be your ally you need to protect your rights, make sure you are treated fairly, defend you, and do everything possible, to try to get your charges dismissed, reduced or the otherwise best outcome in your case.

Continue reading "Marijuana DUI Laws Mesa, AZ | Medical Marijuana DUI " »

December 1, 2010

Phoenix Marijuana DUI Defense

The passing of Medical Marijuana Prop 203 does not affect Phoenix Arizona's Drug DUI laws. The fact that you may be a qualified card holder to use Marijuana (pot, weed, grass, cannabis) does not give you immunity against the strict Phoenix Marijuana DUI or drug DUI laws. If you are stopped by the Phoenix police and determined to be driving "impaired to the slightest degree" with Marijuana in your system, you may be arrested or charged with an Arizona DUI. If you were arrested or charged with a Drug DUI or Marijuana DUI you should consult an Arizona drug defense, criminal defense, or DUI lawyer as soon as possible to discuss your Arizona DUI charges and defense options.

Phoenix Marijuana DUI Laws
Phoenix AZ Marijuana laws fall under the authority of the Arizona State Laws. Arizona Law prohibits use of driving a vehicle while "impaired to the slightest degree", due to any drug, alcohol, vapor releasing, intoxicating, or toxic substance in the body. Arizona DUI laws are strict.

Even if you are a certified card holder in Phoenix AZ for use of medical Marijuana, or you have taken any other drug legally prescribed by a licensed physician, or an over-the-counter drug at your local drug store while driving and found to be "impaired to the slightest degree", A.R.S. 28-1381 3.B. will apply. Below are portions of the Arizona DUI drug laws:

Arizona Revised Statutes
"A.R.S. 28-1381. Driving or actual physical control while under the influence; trial by jury; presumptions; admissible evidence; sentencing; classification

A. It is unlawful for a person to drive or be in actual physical control of a vehicle in this state under any of the following circumstances:

1. While under the influence of intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances if the person is impaired to the slightest degree....

3. While there is any drug defined in section 13-3401 or its metabolite in the person's body...

B. It is not a defense to a charge of a violation of subsection A, paragraph 1 of this section that the person is or has been entitled to use the drug under the laws of this state.

C. A person who is convicted of a violation of this section is guilty of a class 1 misdemeanor...."

Phoenix Drug DUI with Marijuana Testing | DUI Marijuana evidence
The most common way Arizona police test for DUI with Marijuana is through blood testing and Urine testing. Both are controversial with regard to the test results and may be argued by your marijuana DUI defense lawyer as to whether or not they are admissible or should be suppressed as improper evidence depending on many circumstances. The prosecution will usually insist without justifiable circumstances that the blood or urine testing is accurate and admissible as evidence to use against you. A good Arizona defense Attorney will examine the evidence to determine if a compelling argument can be made to suppress it and file the proper motions.

Arizona Marijuana DUI Penalties
Arizona has some of the toughest laws in the country for Drug DUI and any DUI. Below are jail or prison guidelines for DUI convictions. Note this chart does not include other penalties, fines, fees or punishments that apply for Phoenix DUI convictions. References are from A.R.S. 28 - 1381, 28-1382, and 28-1383:

• First DUI (non-extreme) .08+ BAC.................. 24 Hours in Jail
• Second DUI (non-extreme) .08+ BAC.................30 Days in Jail
• First DUI Extreme .15+ BAC ......................... .30 Days in Jail
• Second DUI Extreme .15+ BAC......................... 120 Days in Jail
• First DUI Super Extreme .20+ BAC.................... 45 Days in Jail
• 2nd Super Extreme .20+ BAC..........................180 Days in jail
• Felony DUI (with aggravated classification)......4 Months in Prison
.
Marijuana DUI Defense Attorney Phoenix, AZ
The criminal justice system in Phoenix Arizona is a maze of procedures, protocol, turbulent legislation, and is not empathetic to persons charged with DUI, or DUI with drugs of any kind. The job of the Phoenix AZ prosecution is to convict you. They are not there to help you or to examine defense strategies to help you defend yourself. The judge can not do anything to help you unless proper motions and compelling arguments in your defense are presented through the proper legal channels. You will need a strong criminal defense attorney, Arizona DUI lawyer or criminal defense attorney in Arizona. There is too much for you at stake to go unrepresented by a proper Arizona DUI lawyer. They will be your ally you need to protect your rights, make sure you are treated fairly, defend you, and do everything possible, to try to get your charges dismissed, reduced or the otherwise best outcome in your case.

Continue reading "Phoenix AZ Marijuana DUI Laws | Medical Marijuana DUI " »

November 30, 2010

Criminal Defense | DUI Attorneys Arizona

"Due to the length of time it takes for the human body to expel Marijuana, testing could prove positive for traces of it you smoked a month or ago. If the Marijuana did not impair your ability to drive, is it fair to convict and prosecute you of a Drug DUI? Top Arizona DUI Defense Lawyers think not, and will present compelling arguments and file appropriate motions in your defense."

Drug DUI Charges Arizona
If you have been arrested or charged with a DUI with Marijuana in Arizona you will face serious consequences if convicted. You should contact an Arizona Marijuana DUI or Drug DUI lawyer in Arizona to discuss your charges and defense options.

If police have stopped you because they suspect you of drunk driving in Arizona, they will usually begin investigating with questions, request that you participate in field sobriety testing, and a breathalyzer test. If the breathalyzer test turns up negative, and they still suspect you of driving impaired due to being under the influence of drugs or other substances, they will usually proceed with drug testing. If you refuse and there is just cause for the testing, the police officer will obtain a warrant from the judge and will get the testing anyway. A refusal will also cost you a suspension of your license.

Drug DUI Testing for Marijuana in Arizona
The primary testing for DUI with Marijuana in Arizona is urine or blood testing of THC (Tetrahydrocannabinol) levels in your system. THC is the primary psychoactive ingredient in Marijuana. Arizona DUI prosecutors insist that urine and blood testing is accurate. But the fact is both can have their flaws, and are surrounded by controversy, and suspected to human and technical errors. Arizona criminal defense and DUI lawyers argue that a common problem with Marijuana DUI testing is the fact that Marijuana can commonly stay in a person's blood stream or urine for up to 30 days, shorter or longer. The speed for which Marijuana leaves the body varies by individual based on many factors. Tests results can also be affected by these factors as well as additional variables including but not limited to the following:

1) How much Marijuana as been smoked,
2) Rate of your metabolism,
3) How often you smoke or consume marijuana,
4) Whether or not you have taken any detoxifying products,
5) The last time you smoked,
6) The amount Marijuana smoked or consumed.
7) The pace at which it was smoked
8) Fluid and food intake prior to the testing
9) Other Drug Toxins that may be in your system

Arizona Drug DUI - Marijuana DUI Defense
Due to the length of time it takes for the human body to expel Marijuana, testing could prove positive for traces of it you smoked a month ago. And if those traces of Marijuana did not impair your ability to drive to the slightest degree, is it fair to convict and prosecute you of a DUI? Top Arizona Criminal Defense Attorneys think not. Good Arizona drug defense lawyers in Arizona will know how to present compelling arguments and file appropriate motions in your defense.

Penalties are severe for any type of DUI in Arizona. It is not worth the risk to attempt to defend your own case. You may only get one shot at freedom. You will need the legal representation of an experienced Arizona criminal defense attorney, DUI lawyer or Drug DUI attorney. A good drug defense attorney in Arizona will consider all the facts; examine the evidence; examine accuracy of test results that the prosecution plans to use against you, interview or depose witnesses including arresting police officers; determine if the testing methods were proper; blood draw procedures; check expiration on testing kits and their prior maintenance, storage of test samples; credentials of the person (s) to conducted the testing; determine if any of your constitutional rights were violated; and many consider the many defenses that can be used for Drug DUI or Marijuana DUI charges. Then your Arizona DUI lawyer will determine what the best defense strategy will given your set of circumstances, to try and get your charges dismissed, reduced, or the otherwise best outcome in your case.

Continue reading "Marijuana DUI Testing in Arizona | Drug DUI " »

November 27, 2010

Phoenix Marijuana Attorney

"You have a constitutional right to retain a Phoenix AZ criminal Attorney. A good Phoenix Marijuana Attorney, AZ criminal defense, or drug defense attorney in Arizona will challenge the prosecution's case against you. The best Arizona drug defense attorneys will do everything possible to try to get your charges dismissed or reduced, protect your rights, future and freedom."

Phoenix Arrest Marijuana Sales
You should contact a Phoenix Marijuana sales attorney or Phoenix drug defense lawyer, if you have been charged or arrested in Arizona for Marijuana (also known as pot, cannabis, or weed) possession, sales, cultivation, import, trafficking, smuggling, and possession with intent to sell, or any other Marijuana charges as soon as possible. These are considered very serious charges in Phoenix. In the least you should consult an Arizona criminal defense attorney to discuss your matter, and defense options. Some of the best Marijuana attorneys in Phoenix provide free consultations.

Marijuana, pot, cannabis, or weed is the most common of all drug charges in Arizona. However, this does not reduce the seriousness if the charges and punishments. Arizona has particularly harsh sentencing in jail or prison, and exorbitant fees and other penalties for Marijuana sales, possession with intent to sell, Marijuana cultivation, Marijuana import, Marijuana trafficking, or Marijuana smuggling,

Phoenix Marijuana Sales Laws:
There are a various specified Marijuana laws in Arizona. Arizona Marijuana sales laws are very strict, and penalties extremely harsh. They are defined, and specifically classified under the State of Arizona's Criminal Law cited below. So Marijuana Sales Charges in Phoenix AZ are governed by the rules of authority of Arizona State Law and criminal code:

Arizona Revised Statutes (A.R.S.) - Title 13 Criminal Code - Chapter 34 DRUG OFFENSES...13-3405 Possession, use, production, sale or transportation of marijuana; classification...
A. A person shall not knowingly: ...
2. Possess marijuana for sale.
3. Produce marijuana.
4. Transport for sale, import into this state or offer to transport for sale or import into this state, sell, transfer or offer to sell or transfer marijuana...."

AZ Marijuana Sales Penalties
Conviction in Arizona for marijuana sales carries minimum prison sentencing within a range of 1 to 5 years in prison. In addition to incarceration in prison if convicted, you will face exorbitant fines, starting at $750 to $150,000.00.

Below is a list of some factors considered in sentencing if convicted of Phoenix Marijuana sales. This list is not all inclusive.
• A major factor considered is the quantity of marijuana involved in the sale or in your possession with intent to sell.
• If the prosecution proves that amount of marijuana was over the statutory threshold of two pounds;
• Your prior criminal history;
• Repeat offense v. first time offense,
• Weapons involved with the incident;
• Selling or attempting to sell the drugs to a minor;
• Harm, injury or deaths involved with the drug sale;
• Any other aggravating or extenuating circumstances.

Arizona Marijuana Sales Defenses | Marijuana Attorney
You must already know that a charge is not a conviction. There is still hope of defending your charges with a qualified Marijuana Sales Attorney. With a good Drug defense lawyer your chances of getting your charges dismissed, reduced, or good outcome in your case significantly increase. You have a constitutional right to retain a Phoenix AZ criminal Attorney. A good Phoenix Marijuana Attorney, AZ criminal defense, or drug defense attorney in Arizona will challenge the prosecution's case against you. The best Arizona drug defense attorneys will do everything possible to try to get your charges dismissed or reduced, protect your rights, future and freedom. The key to a successful defense is early retention of your Phoenix drug defense lawyer.

Top drug defense, criminal defense, and Marijuana lawyers know which defenses to use to most effectively defend your Marijuana sales charges. Defenses and the law should not "secrets" only to be shared if you retain that criminal defense attorney. Every situation is different and carries its on set of circumstances, but Marijuana sales charges can and do get dismissed even if it seems like the odds are against you. An experienced criminal attorney will do everything possible to get your charges dismissed, use every defense possible to challenge the evidence and get the charges dropped, reduced, or the best possible outcome in your case.

Continue reading "Phoenix Marijuana Sales Laws" »