Dangerous Drug Lawyer Case Results in Peoria, Arizona
Client Charged With A Dangerous Drug Crime in Peoria, Arizona
REDUCED SENTENCE & CHARGES DISMISSED
Due to their detrimental effects on health and addictive nature, dangerous substances are strictly monitored by the government of Arizona. As a result, offenses relating to dangerous drugs are serious felonies. However, an expert drug crimes attorney can assist you if you have been accused of possessing and using harmful drugs.
Let’s consider the case of our client Mr. K. After police found drug vials of amphetamine in Mr. K’s car, they charged him for possession and use of dangerous drugs and possession of drug paraphernalia. He promptly sought legal representation. Though he faced about three years of imprisonment and hefty fines, his lawyers helped him avoid jail and a criminal record.
But what does the law in Arizona say about these dangerous drug offenses?
Possession of Dangerous Drugs in Peoria, Arizona
Knowingly possessing and using dangerous substances is against the law, in Peoria, Arizona. Acid, psilocybin mushrooms, mescaline ecstasy, steroids, L.S.D., and methamphetamines, are some of the dangerous drugs.
Possession of drugs can either be actual or constructive under Arizona Revised Statutes. If the authorities find harmful substances on your person during a legal search, that will constitute actual possession. In contrast, a prosecutor can establish constructive possession if they have proof you had authority and control over the harmful substances or the area where they were discovered.
Penalties for Possession and Use of Dangerous Drugs Under Proposition 200
Use or possession of a dangerous drug is a Class 4 felony in Arizona. However, the court can designate the offense as a class one misdemeanor if the drug is neither methamphetamine nor amphetamine and the offender has never received a felony conviction.
Proposition 200 allows for probation-only punishments for some drug violations for first and second non-violent possession charges. Until a third “possession only” conviction, the offender may not receive a prison or jail sentence if the drug meets Prop 200’s criteria.
Still, until the conclusion of probation, the crime is not classified as a misdemeanor. Therefore, until the judge categorizes it as a misdemeanor, the conviction will be regarded as a felony.
However, if you break the terms of your probation, the judge may decide to reinstate your probation after two to four (2-4) weeks of imprisonment.
Treatment Assessment Screening Centers, or TASC
A diversion program run by the Treatment Assessment Screening Center (TASC) may be offered as an alternative to incarceration. As a first-time offender, rehabilitation rather than imprisonment is the priority.
A nonprofit organization in Arizona called TASC assists those who are struggling with mental illness and problems with addiction to drugs.TASC frequently allows first-time offenders to complete their probation there. At the same time, lowering their felony charge to a misdemeanor or even having their crimes completely dismissed.
The program requires participants to cover their costs for admission and drug testing. When an offender does not complete TASC, they are placed in custody while the court evaluates the case.
A defendant may be ineligible for TASC if they have already completed the program or previously been found guilty of a drug-related offense. However, if someone has only concluded TASC once before, they are still Prop 200 eligible.
Penalties for Possession and Use of Dangerous Drugs When Not Proposition 200 Eligible
A first offense for possessing a dangerous substance carries a maximum sentence of 3.75 years in prison if the offender is not Prop 200 eligible. A second offense could result in up to 7.5 years, while a third violation might result in a 15-year sentence.
Additionally, there is a presumption that the offender intended to sell the drugs if they possess more dangerous drugs than the legal limit. This increases the potential sentence’s felony level and period of incarceration.
Furthermore, anyone found guilty of possessing and using dangerous drugs shall pay a fine of $1,000 or three times the worth of the substance in question, whichever is higher.
Possession of Drug Paraphernalia in Peoria, Arizona
It is against the law and a class 6 felony to possess drug paraphernalia in Arizona. Usually, In addition to the underlying allegations of illicit drug possession, defendants may face charges of possessing drug paraphernalia.
Since almost everything can be considered drug paraphernalia if used in connection with controlled substances, the term has a broad connotation. While Arizona Statutes does not include every sort of drug paraphernalia, it does give some instances, including:
- Kits for growing drugs
- Scales and balances for weighing drugs.
- Sifters and separation gins
- Drug-grinding equipment like blenders, bowls, containers, spoons, and mixing tools.
- Needles and syringes used for injecting drugs
- Drug storage containers (such as plastic baggies)
- Pipes and bongs.
Penalties for Possession of Drug Paraphernalia
In Peoria, Arizona, possession of drug paraphernalia is a class six (6) felony. Then again, under Proposition 200, you can’t go to prison if you are found guilty of a first or second non-violent drug possession or use offense. You can only receive a probationary sentence.
The TASC program is an alternative option. Your record will show that the Possession of Drug Paraphernalia charge has been dismissed once the program is completed.
A class six felony conviction will be imposed on the offender if he is not eligible for Prop 200. A two-year prison sentence may be the maximum penalty for a first offense. On the other hand, a prison-only term of up to 2.75 years is possible with one previous felony conviction. Also, 5.75 years imprisonment for two past felonies.
Case of the Client Charged With A Dangerous Drug Crime in Peoria, Arizona
Police officers stopped Mr. K for driving poorly and for suspicion of stealing. He had a suspended license, which the officers promptly identified during the stop and noted with a ticket. His car was then impounded for the license infraction, after which they conducted an inventory search. Pill vials containing amphetamine dosages of 20mg and 30mg pills were found during the car check.
The offenses listed below were the allegations against Mr. K. The penalties included fines and a maximum sentence of three years in prison.
- Possession Or Use Of Dangerous Drugs, a class 4 Felony
- Possession Of Drug Paraphernalia, a Class 6 Felony
The client contacted us for advice after learning that a warrant had been issued for his arrest. As soon as possible, we had the warrant revoked and scheduled our client’s first court appearance. Next, we investigated the case’s specifics and created several possibly effective strategies.
After, we bargained with the prosecution and emphasized the flaws in their case. Then we filed a motion for diversion, which the court-approved. Our client engaged in a rehabilitation program, and after successfully completing it, all records of the charges would be erased.
The Outcome of The Case
Our client could avoid going to jail, keep the felony charges off his record, and achieve a fantastic result thanks to our adaptive and swift work.
Conclusion
Arizona has strict regulations that punish drug offenses. If you are detained and finally found guilty of a narcotics felony, you’ll almost definitely be subject to harsh punishments.
However, if you have been accused of possessing harmful drugs, a knowledgeable Peoria drug crime lawyer can help you evaluate your legal options. In addition, your lawyer can fight your charges using effective defense strategies.
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.