Drug Distribution Lawyer Case Results in Peoria, Arizona
Client Charged With A Drug Distribution Crime in Peoria, Arizona
REDUCED SENTENCE & CHARGES DISMISSED
Drug distribution, often known as the possession or transportation of drugs for sale, is a serious crime in Arizona with severe consequences. Therefore, if you’re accused of drug distribution in Peoria, Arizona, you should seek a skilled drug crimes defense lawyer.
A search revealed 13 pounds of marijuana and mushrooms inside a client’s vehicle. After, he was arrested and charged with transportation of marijuana for sale, possession of dangerous drugs, and possession of drug paraphernalia. These are felony offenses. Surprisingly, he ended up without going to prison. How? Read on.
Law on Transportation of Marijuana For Sale in Peoria, Arizona
Arizona has legalized the possession and use of marijuana with a valid prescription. Still, if someone is found transporting marijuana without a medical license, they could be charged with illegal marijuana transportation.
In addition, the legal limit for marijuana is two pounds, and the law presumes that anyone seen transporting more than that amount is doing it intending to sell it.
Still, a person could be prosecuted with drug transportation for sale even if they are not transporting more than two pounds of marijuana. This is especially true if police find scales, distribution bags, or ledgers showing sales and revenue.
Additionally, the crime of carrying marijuana for profit bears serious repercussions. Even if you don’t have a criminal history, Arizona law gives you a sentence to prison if you are found guilty of transferring marijuana for sale.
Penalties for Transporting Marijuana for sale into Peoria, Arizona
Arizona Revised Statute forbids the transport of marijuana for sale. The felony class depends on how much marijuana was used in the offense, as stated below:
Two pounds or less: 3.75 years in prison or probation for a Class 4 felony offense.
Two to four pounds: A class 3 felony punishable by up to 8.75 years in prison or a probationary period.
Above four pounds: It is a class 2 felony punishable with a minimum of three to twelve and a half years in jail.
Generally, you can receive a longer sentence if there are aggravating factors. Aggravating conditions include carrying weapons, transporting cannabis near a school, etc. You can also face additional penalties if you commit the same offense repeatedly.
As a result, if you have previously been convicted of a felony, you might serve up to 23 years in prison. Two previous felony convictions could result in a sentence of up to 35 years in prison.
Anyone convicted of transporting marijuana unlawfully in Maricopa County also faces mandatory community service requirements, fines, a permanent felony sentence, probation, and jail time.
Possession of Dangerous Drugs in Peoria, Arizona
In Peoria, Arizona, possessing or using harmful drugs knowingly is illegal. Some dangerous substances are methamphetamine, acid, psilocybin, mushrooms, ecstasy, steroid, and LSD.
According to Arizona Revised Statutes, drug possession can be either constructive or actual. Actual possession will be established if dangerous chemicals are discovered on your person by law enforcement during a legitimate search.
However, if the prosecutor can establish that you had control over the dangerous chemicals or the area where they were found, you will be found to have constructive possession.
Penalties for Possession of Dangerous Drugs
In Arizona, possessing a dangerous drug is a Class 4 felony. Suppose the offender has never been convicted of a crime and the drug is neither methamphetamine nor amphetamine. In that case, the court may classify the case as a class one misdemeanor.
According to Proposition 200, several drug offenses for first- and second-time non-violent possession charges can only result in probationary sentences. If the substance fits the requirements of Prop 200, the offender cannot be sentenced to prison or jail until a third “possession only” conviction.
However, the crime is not categorized as a misdemeanor until the probationary period ends. The conviction will be recognized as a felony until the judge classifies it as a misdemeanor.
On the other hand, if the offender is not eligible for the Prop 200 program, the maximum sentence for a first offense of possessing a dangerous substance is 3.75 years in jail. A second infraction might carry a penalty of up to 7.5 years, while a third one could have a 15-year term.
There is also a presumption that the offender intended to sell the drugs if they have more dangerous drugs than the law permits. This raises the potential sentence’s level of crime and length of imprisonment.
In addition, anyone found guilty of using or having dangerous narcotics must pay a fine of $1,000 or three times the amount of the offending substance, whichever is higher.
Law on Possession of Drug Paraphernalia in Peoria, Arizona
The possession of drug paraphernalia is a class 6 felony in Arizona. In addition to the underlying accusations of unlawful drug use, defendants may also be accused of possessing drug paraphernalia.
The phrase “drug paraphernalia” has a broad definition because nearly anything might be regarded as such if it is used in conjunction with banned substances. Arizona Statutes include particular examples; however, they do not cover all types of drug paraphernalia. These include Kits for growing drugs, pipes and bongs, Scales and balances for weighing drugs, Sifters and separation gins, and Drug-grinding equipment like blenders, bowls, containers, spoons, and mixing tools. etc
Penalties for Possession of Drug Paraphernalia
Possession of drug paraphernalia is a class 6 felony in Peoria, Arizona. However, if you are convicted of first or second non-violent drug possession or use offense, you are not sentenced to prison under Proposition 200. Only a probationary sentence is available.
An additional choice is the TASC diversion program. Once the program is over, your record will reflect that the Possession of Drug Paraphernalia charge has been dropped.
If the criminal is not qualified for Prop 200, he will receive a conviction for a class six felony. For a first infraction, the maximum punishment can be a two-year prison term. However, if you’ve already had one felony conviction, you could get a jail sentence only sentence of up to 2.75 years. In addition, two prior offenses carried a 5.75-year sentence.
Case of the Client Charged With A Drug Distribution Crime in Peoria, Arizona
When our client was returning home from California to Texas, law authorities stopped him. Although our client claimed to be on vacation in California and to have just arrived from a cruise, the officer was skeptical given the timing and our client’s actions.
The officer started asking our clients a series of probing questions after observing our client’s anxiousness and nervousness. From the client’s response, the police officer suspected the distribution and transportation of illegal drugs, so he searched the car.
- Transportation of Marijuana For Sale (Class 2 Felony)
- Possession of Dangerous Drugs ( Class 4 felony)
- Possession of drug paraphernalia (Class 6 felony)
We maintained frequent contact with the investigating attorneys to present an accurate picture of our client. After looking through the information and particulars surrounding our client’s circumstances, we believed there were substantial legal difficulties.
We successfully negotiated a fair plea arrangement on our client’s behalf based on the relevant legal concerns, our connections to local prosecutors, and our expertise with the court system.
The outcome of the case
Our client avoided jail time by accepting a plea bargain that included probation.
Conclusion
Usually, convictions for drug distribution crimes mean lengthy jail time. However, with competent attorneys, many people convicted of drug offenses receive probation and treatment for addiction rather than prison time. Therefore, superior legal counsel is essential to obtaining the most favorable sentencing.
WE HELP GET YOUR DRUG CHARGES AND PENALTIES REDUCED OR DROPPED.
The drug crime lawyers at Peoria Drug Lawyer have over 35 combined years of experience defending clients in the Peoria, Arizona area. We’ve helped clients receive reduced penalties, dismissed charges and flexible legal results that make it easier to move on after your case. View our recent case results to get a better idea of how our criminal defense drug crime attorneys provide first-class service to their clients.