Narcotic Drug Lawyer Case Results in Peoria, Arizona
Client Charged With A Narcotic Drug Crime in Peoria, Arizona
CHARGES DISMISSED
Drug charges can be challenging to understand. However, an expert drug crimes defense attorney can represent you, safeguard your rights, and guarantee that the proceedings have the least detrimental effect on your life.
An example is one client charged with possessing and using a narcotic drug and possession of drug paraphernalia crimes. After searching our client's purse and vehicle, a police officer found Suboxone, heroin, and some drug paraphernalia. Though he faced years in prison, fines, and a criminal record, his charges were dismissed with his lawyers' help.
Possession And Use of Narcotic Drugs in Peoria, Arizona
It is against the law in Arizona to intentionally use or possess narcotic drugs. According to the legislation, it is a class 4 felony to possess a narcotic without a prescription.
Narcotics are painkillers that can be used to treat both acute and chronic pain. These drugs can be helpful when used under a doctor's instructions and with the correct prescription. However, a lot of users of these substances develop addictions to them.
Arizona does not take allegations of possession of narcotics lightly. The long-term negative consequences narcotic substance abuse can have on the body make it illegal to possess or use them without a prescription from a doctor. Therefore, even if it's your first time, possession is a crime.
Commonly abused drugs include the following:
- Heroin
- Oxycodone
- Methadone
- Cocaine
- Codeine
- Fentanyl
- Morphine
To be found guilty of a drug crime in Peoria, Arizona, you must know about having the substance in your actual, constructive, or joint possession.
To actually possess a drug, it must be in your hand, pocket, or bag. Constructive possession occurs when the substance is found in an area you have control and authority over, such as your home or car.
Finally, you have joint possession if you share ownership of the narcotics with someone else. Joint control may be applicable if you and another person share a vehicle or accommodation.
Penalties for Possessing And Using Narcotic Drugs in Peoria, Arizona.
For first-time offenders, possession and use of narcotics is a class 4 felony punishable by a one- to a three-year prison term. A prison term of 2.25 to 7.5 years may be imposed if this is a second offense. Third-time offenders face sentences ranging from 6 to 15 years.
There is no doubt that the number of felonies on your record will affect how long you may serve behind bars. Even if the felony conviction is for a crime unrelated to drugs, it may still impact the sentence.
Arizona has alternatives to serving a prison term for narcotics possession and use. First- and second-time non-violent drug offenders in Arizona are eligible for probation under Proposition 200. It's also possible to enroll in a diversion program.
Possession of Drug Paraphernalia in Peoria, Arizona
In Arizona, possessing drug paraphernalia is illegal. Defendants may also be accused of possessing drug paraphernalia in addition to the underlying drug possession counts.
The phrase has a broad meaning because nearly anything can be regarded as drug paraphernalia if used with illegal drugs. Arizona Statutes does not explicitly include all forms of drug paraphernalia; however, it does provide several examples, such as:
- Drug cultivation kits
- Drug-weighing scales and balances
- Gins and sifters for separation
- Appliances for grinding drugs include mixers, blenders, bowls, and containers
- Syringes and needles for injecting drugs
- Containers for storing drugs (such as plastic baggies)
- The bong and pipes
Penalties for Possession of Drug Paraphernalia
Arizona law classifies the possession of drug paraphernalia as a class 6 felony. However, suppose you are convicted of a first or second non-violent drug possession or use offense. In that case, you are not sentenced to prison under Proposition 200. Only a probationary sentence is available.
An additional choice is the TASC program. Once the program is over, your record will reflect that the Possession of Drug Paraphernalia charge has been written off.
Where Prop 200 does not apply, an offender will receive a class 6 felony sentence. 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 of up to 2.75 years. In addition, two prior offenses carried a 5.75-year sentence.
Diversion Programs
Diversionary programs provide valuable resources to address the root causes of criminal behavior, such as drug and alcohol abuse. With the help of diversion, it is intended that offenders would be able to resume their normal lives free from the stigma of a criminal record.
One alternative Peoria criminal defense attorneys frequently discuss in drug possession cases is the TASC (Treatment Assessment Screening Center) diversion. If you succeed on the TASC, your lawsuit will be dropped entirely, and your record will be cleared.
Most offenders prefer the diversion program to a "Prop 200" probation. The rationale is that even though Prop 200 prevents you from going to jail, your record will still reflect a felony drug conviction. Employers and anyone conducting a record search can see the felony conviction.
Program delays may result from skipped appointments or late payments. Failure to attend drug therapy or seminar sessions may result in termination. Similarly, a person may be expelled from the program if a drug test shows they have used alcohol or illegal narcotics.
Most crucially, TASC diversion is entirely within the sole discretion of the prosecutor's office. A defense lawyer can frequently arrange TASC for persons with little or no criminal history. If a client is kicked out of TASC, a criminal attorney could be able to help them get back in by meeting with the prosecutor.
The Case of The Client Charged With A Narcotic Drug Crime in Peoria, Arizona
Late at night, a police officer approached our client's car in a parking garage. After finishing their shift for the evening, our client was sitting in their running automobile. The policeman saw the bag's contents and purse open ad questioned our client about whether her purse contained any prescription drugs.
Our client responded that Suboxone was in the handbag, and they took the prescription for back issues. The policeman persisted with his inquiries. At some point, our customer admitted that they smoked Suboxone and didn't have a prescription for it.
After ordering our client to get out of the vehicle, the officer conducted a car search. The police officer discovered a lighter and a smoking gadget with charred residue inside the car. While searching the purse, the officer also found a material that resembled tar. The tar-like substance was heroin, according to information provided by our client, a narcotic.
The policeman kept looking through the car, after which he saw a wadded-up piece of aluminum foil with charred residue. According to our client, the metal foil was used to smoke heroin and Suboxone. Subsequently, Our client was arrested by the police officer for possessing both drug paraphernalia and narcotic drugs.
As soon as we were hired, we communicated often with the prosecution. We aimed to present our client most favorably. We believed the punishment was harsh after analyzing the case's facts. Next, with the prosecutor's office, we could reach a plea deal that would delay prosecution through a diversionary program. Our client gladly agreed to sign the plea agreement and was happy to escape going to jail and paying hefty fines.
Eventually, the court dismissed the case after the client completed the felony diversion program.
Conclusion
Your drug charges may be dismissed despite Arizona's strict laws against drug offenses. The dismissal is not by accident or good fortune, though. A skilled drug crime defense attorney typically needs technical expertise, experience, and trial defense skills to obtain a dismissal.
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.