Drug Possession for Sale Lawyer Case Results in Peoria, Arizona

Client Charged with A Drug Possession for Sale Crime in Peoria, Arizona

REDUCED SENTENCE & CHARGES DISMISSED

The controlled use of marijuana for recreational purposes is now legal in Arizona. Still, cultivating and selling cannabis for such purposes needs permission from the state Department of Health Services. As a result, law enforcement will continue to look into, detain, and prosecute anyone involved in the unlawful sale of marijuana.

One instance is a client who had a substantial quantity of marijuana in his car. He was accused of possessing marijuana with the intent to sell it after police discovered the drugs in his vehicle. The charge against our client was a class 3 felony, with a maximum prison sentence of 7 years and a maximum fine of $150,000.00.

Despite the seriousness of the charges against him, his attorneys were able to secure a favorable plea agreement for him. Before relating how his lawyers helped him, let's review state laws on the illegal sale of marijuana.

Arizona Regulations on Possession of Marijuana for Sale

According to state legislation, "marijuana" refers to any or all cannabis plant portions from which the resin has not been removed. The plant could be alive, dead, or only in the form of seeds that can sprout.

Arizona Revised Statutes prohibit someone from intentionally:

• Possessing or using Marijuana
• Possessing marijuana to sell it
• Growing cannabis for commercial purposes
• Transporting marijuana for sale or offering to sell

When attempting to secure a conviction for marijuana possession with the intent to sell, the prosecutor must prove beyond a reasonable doubt that:

• You knew that you were carrying marijuana with you.
• The substance found with you is Marijuana.
• You meant to sell it.

Regardless of being substantially less dangerous than other narcotics, possession of marijuana in Arizona is a felony. However, the repercussions might be much worse if a person is detained for marijuana sales.

Penalties for Possession of Marijuana for Sale Crime.

The following elements affect how severely marijuana possession for sale offenses are punished:

• The quantity of marijuana allegedly discovered for sale
• Prior criminal history
• Previous convictions for marijuana possession or sale
• The strength of the prosecution's evidence
• Aggravating circumstances, such as violence or the use of firearms, sales near schools, and a minor's involvement in the crime's commission.

An individual may be prosecuted with one of the following felony classes depending on how much marijuana they possess.

It is a class 4 felony to possess less than 2 pounds of marijuana for sale. A class four felony is punishable by 1.5 to 3 years in prison and a fine ranging from $750 to $150,000.

If someone has less than 4 pounds of marijuana but more than 2 pounds with the intent to sell, they may be charged with a class 3 felony. 2.5 to 7 years in prison and a fine ranging from $750 to $150,000 are penalties for a class three felony.

One is guilty of a class 2 felony if they have more than 4 pounds of marijuana for sale. For a class 2 felony, the penalty ranges from a $750 fine to $150,000 in addition to a 4 to 12. 5 -year prison term.

Even though in Arizona, selling marijuana illegally is a felony, a first-time offender can be eligible for probation rather than jail time. This is per Arizona Proposition 200, which forbids jail terms for first- and second-time nonviolent drug offenders. Accordingly, you might only receive a prison sentence after three convictions.

Arizona also gives first-time offenders who use drugs the chance to enter a drug diversion program in exchange for having their charges dropped. In addition, you might also be able to get your conviction for possessing marijuana for sale expunged (removed) from your record.

Marijuana Threshold Laws in Peoria, Arizona

In Arizona, the term "threshold amount" refers to the quantity of drugs for which mandatory prison terms apply upon conviction. Regardless of prior criminal history, repeat and first-time drug offenders are subject to these obligatory jail sentences.

In addition, the statutory thresholds for illicit drugs imply that if you have controlled substances above the limit, you may be charged with possession with intent to sell. This legislation still applies even if you use them solely for personal purposes or don't intend to sell them.

This regulation is significant because drug possession for sale carries much more stringent penalties than ordinary possession. The usual charge for possession for sale is a felony. You can be sentenced to a compulsory prison term and hefty fines if found guilty.

The severity of the penalty will depend on how much the amount of drugs found with you exceed the legal limit. A different threshold amount applies to each controlled substance. The threshold amount for marijuana in Arizona is two pounds.

Plea Bargaining

A plea bargain or plea deal is an agreement between the prosecution and the defendant. The defendant enters a guilty plea to a single charge or one of several counts in return for a lighter punishment or the dismissal of the other charges.

Plea bargaining enables both parties to avoid a drawn-out criminal trial, as was seen in the case of our client accused of drug possession for sale crime in Peoria, Arizona. In addition, It also enables the accused to avoid being found guilty at trial of a more serious offense.

The Case of the Client Charged With A Drug Possession for Sale Crime in Peoria, Arizona

The police stopped our client for driving without turning signals and following too closely while he was traveling to Texas from California. When the officer pulled our client over, they detected a powerful smell coming from the car. The policeman was informed that our client had been using CBD (or cannabidiol, a legal substance derived from marijuana).

Thus, the police had a good reason to search the car because of the overpowering marijuana odor. The Officer discovered two sizable suitcases full of vacuum-sealed bags with more than four pounds of marijuana after searching the vehicle.

Afterward, the Officer arrested our client and accused him of attempted possession of marijuana for sale. The charge against our client was a class 3 felony, with a maximum sentence of 7 years imprisonment and a maximum fine of $150,000.00.

Next, we maintained frequent communication with the investigating attorneys to portray our client accurately. We concluded there were severe legal difficulties after evaluating the relevant facts and information regarding our client's circumstances.

Subsequently, we successfully negotiated a good plea deal for our client based on the legal concerns at hand, our connections with the local prosecutors, and our expertise with the court system.

Result: Our client was given a plea deal that included probation instead of jail time. Also, our client escaped the charge's hefty fines.

Conclusion

For the most part, you have options if you were arrested and accused of marijuana possession for sale in Peoria, Arizona. The best course of action would be to see a criminal defense attorney as soon as possible. Prompt legal assistance can ensure the protection of your rights. Your drug crime defense lawyer can use their extensive legal expertise to build a compelling case and save your future.

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.