Drug Crime Lawyer Case Results in Peoria, Arizona
Client Charged With A Drug Crime in Peoria, Arizona
REDUCED SENTENCE
Marijuana is no longer illegal in Arizona for persons aged 21 and over to use, possess, and cultivate it in small amounts. However, if the quantity of marijuana exceeds the legal limit, criminal charges and fines apply.
Prosecutors in Arizona take drug offenses very seriously, and possessing marijuana for sale is a grave offense. Therefore, convictions can result in prison time, significant fines, and other consequences.
Let’s consider the situation of our client charged with a drug crime in Peoria, Arizona. She was apprehended by authorities while selling marijuana to a third party. When the cops searched her car, they discovered a lot of marijuana. Our client was taken into custody and accused of the following offenses:
- Possession of Marijuana for sale
- Money laundering in the second degree
Before giving more details and relating the case’s outcome, let’s look at Arizona’s regulations on possession of Marijuana for sale and money laundering.
Arizona Laws On Possession of Marijuana for Sale
Marijuana, often known as weed, pot, cannabis, etc., is classified as a Schedule I prohibited substance. According to Arizona Revised Statutes, a person is forbidden from knowingly:
- Possessing or consuming marijuana
- Possessing marijuana for the purpose of sale
- Cultivating marijuana for sale
- Transporting marijuana to sell or offer to sell or transfer marijuana
Though the Arizona Medical Marijuana Act passed by the state legislature in 2010 allows the use of marijuana for medicinal purposes, people who do not have a license face significant penalties. A prosecutor attempting to win a conviction for marijuana possession with intent to sell must prove beyond a reasonable doubt that:
- You were aware that you had marijuana on your person.
- The substance found in marijuana
- The possession was done to sell it.
Marijuana possession is a felony charge in Arizona, even though it is significantly less hazardous than other substances. The consequences might be considerably more severe if a person gets arrested for selling marijuana.
Penalties for Possession of Marijuana for Sale.
The following factors influence the severity of penalties for possession of marijuana for sale crime:
- The amount of marijuana reportedly found for sale
- Your previous criminal record
- Marijuana possession or sale convictions in the past
- Strength of evidence of the prosecution’s case against you.
- Aggravating factors like violence or use of weapons, sale in a school area, and involving a minor in committing the crime.
Based on the amount of marijuana, an individual might be charged with one of the following felony classes.
Possession of fewer than 2 pounds of marijuana for sale is a class 4 felony. A class four felony carries a sentence of 1.5 to 3 years in jail and a fine of $750 to $150,000.
A person can be charged with a class 3 felony if they have more than 2 pounds of marijuana but less than 4 pounds for the intention of selling. Class three felony can result in a sentence of 2.5 to 7 years in jail and a fine of $750 to $150,000.
A person with more than 4 pounds of marijuana for sale is guilty of a class 2 felony. A class two felony can result in a sentence of 4 to 10 years in jail and a fine of $750 to $150,000.
Even though selling marijuana is a felony in Arizona, a first-time offender may be eligible for probation rather than prison time. This is per Arizona Proposition 200, which prohibits jail sentences for first- and second-time nonviolent drug offenders. This means that after three convictions, you may only face imprisonment.
Along with the possibility of probation for first-time drug offenders, Arizona also offers the option of participating in a drug diversion program to have their charges dismissed.
Additionally, you may be able to have your arrest record for possession of marijuana sales erased in Peoria, Arizona. Consequently, removing the charge from your criminal record.
Money Laundering Laws in Peoria Arizona
Money laundering is a financial strategy in which a person gets money from illegal conduct. According to Arizona Revised Statutes 13-2317, second-degree money laundering is deliberately conducting, controlling, managing, supervising, directing, or owning all or part of a money transmitting business for which a license is required.
In addition, money laundering in the second degree is considered a felony of the third degree. For a first offense, a sentence of probation ranging from zero to one year in jail or a sentence ranging from two to eight years in prison may be imposed. If the defendant has only one past conviction, the prison-only penalty ranges from 3.5 to 16.25 years. If the defendant has two prior convictions, the prison alone sentence ranges from 7.5 to 25 years in jail.
Details On The Client Charged With A Drug Crime in Peoria, Arizona
The client disclosed to the cops that she has been selling marijuana since 2016 and bakes marijuana into food for sale. She also said that she was likely in possession of enough marijuana to be charged with a crime. Then, the officer searched her vehicle and discovered the following:
- 47 bags of marijuana
- 22 edible marijuana cereal squares
- 10 packages of marijuana wax
- 15 pre-rolled marijuana cigarettes
- 7 cannabis extract vape oil
- 4 containers of hash.
Obviously, our client was facing a class two felony conviction, punishable by 4-10 years in jail, based on the Arizona legislation previously discussed and the number of drugs found. She was also facing a felony charge of second-degree money laundering, which carried a maximum sentence of 8 years in jail.
Surprisingly, our client was given a probationary rather than a prison sentence. How was that possible? Frequent communication with prosecutors on the case enabled us to present a proper picture of our client.
After evaluating the facts and features specific to our client’s situation, we concluded that there were serious legal difficulties. Then, we successfully negotiated a beneficial plea arrangement on behalf of our client based on the current legal concerns, our relationship with local prosecutors, and our knowledge of the court system.
What is A Plea bargain?
This is an agreement between the prosecution and the defendant where the defendant pleads guilty to a lower charge or to one of several charges in exchange for a more lenient sentence or the dismissal of the other charges.
Plea bargaining, as demonstrated in the case of our client charged with a drug crime in Peoria, Arizona, allows both sides to avoid a protracted criminal trial. It also allows the accused to escape the danger of being convicted on a more severe charge at trial.
Conclusions
Indeed, our client was relieved at the outcome of her drug crime charge. Accordingly, we can draw the following conclusions based on the outcome of our client’s drug-related case:
- Although Arizona’s drug regulations are stringent , understand that you have choices when it comes to defending yourself against possession of marijuana for sales accusations in Arizona.
- It is critical to work with an experienced attorney who understands how to build a defense plan that will increase your chances of having your charges reduced or dismissed.
- A drug crime lawyer is familiar with the system, protocol, law, and defenses that can be utilized to counter the prosecution’s case. Your best chance of securing a favorable outcome for your possession of Marijuana for sales charges is to hire a qualified drug defense lawyer.
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.