Drug Trafficking Lawyer Case Results in Peoria, Arizona
Client Charged With A Drug Trafficking Crime in Peoria, Arizona
REDUCED SENTENCE & CHARGES DISMISSED
In Arizona, drug sales and trafficking are serious crimes that can have life-altering consequences. However, hiring the right attorney is the best approach to ensure that your case is handled properly and that you get the most favorable result.
Our client Mr. B was arrested and charged with possessing narcotics and marijuana for sale. As a result of the charges, Mr. B was facing a presumptive jail sentence of 5 years. Having a team of capable lawyers on his side helped him have his sentence reduced and charges dismissed. Before going into details of Mr. B's case, let's review the charges against him.
Drug Trafficking Laws in Peoria, Arizona
In general, drug trafficking conjures up images of people carrying narcotics over international borders. While this fits the description of drug trafficking, the crime's meaning is far more extensive. Even though Arizona does not have a specific statute on drug trafficking, various drug offenses in the state would classify as such.
For example, possessing more than a specific amount of restricted drugs is a drug trafficking violation under Arizona law. Possession with intent to sell, a sort of drug trafficking offense, results from just having a specified amount of drugs.
To be convicted of drug trafficking, you don't have to be caught crossing the border with an illegal substance to distribute. According to Arizona law, if you have a certain number of narcotics, you are presumed to sell or distribute them. It is not a recognized defense to claim that the medications were for personal use.
If you have more than the threshold amount of a narcotic, you could be charged with drug trafficking. This is true regardless of the circumstances of your arrest. For example, the prosecution will not need to show that you sold or attempted to sell any illegal drugs. All they need to see is that you had a significant amount.
Drug Threshold Legislation in Peoria, Arizona
The "threshold amount" in Arizona drug laws refers to the number of drugs over which compulsory jail sentences apply if convicted. These mandatory prison penalties apply to repeat and first-time drug offenders, regardless of criminal history.
For illicit drugs, the legislative thresholds imply that you can be charged with possession with intent to sell if you have controlled substances above the threshold. This law applies even if you only have them for personal use or have no intention of selling them.
This law is significant because the punishments for drug possession for sale are far more severe than those for simple possession. Possession for sale is typically charged as a felony. If convicted, you might face mandatory prison time and considerable fines.
The more the quantity of the drugs found with you is above the threshold, the more severe the punishment will be. Each prohibited substance has a distinct threshold quantity.
In Arizona, the following are some common threshold amounts:
- Marijuana: 2 pounds
- Heroin: 1 gram
- Cocaine: 9 grams
- Meth: 9 grams
- LSD: ½ ml or 50 dosage units
- Crack: 750 mg
- PCP: 4 grams
Other controlled substances not listed above are usually regarded over the threshold amount if their worth exceeds $1,000.
Arizona Laws on Possession of Narcotic Drug For Sale
It is illegal in Arizona to consciously possess, transport, or manufacture a narcotic drug for sale, according to the state's drug statutes. The most common narcotics for which people in Arizona are charged are crack cocaine, cocaine, and heroin.
The consequences of selling narcotics are highly severe. Possessing a narcotic substance to sell is a class 2 felony with a sentence of 3 to 12.5 years in jail. In addition, the court has the authority to impose a fine of up to $150,000 for any felony conviction. The offender will not be eligible for probation if convicted of selling narcotic drugs.
Before a judgment can be reached on possession of a narcotic substance for sale, the state must establish the following beyond a reasonable doubt:
- The substance in question is a narcotic drug
- You owned the drug deliberately.
- You meant to sell it.
The most common justification for a narcotics trafficking charge is the number of drugs discovered in a person's possession. The notion is that if someone has more narcotics than they need for personal use, they're most likely selling them.
Regulations on Possession of Marijuana For Sale In Peoria, Arizona
In Arizona, it is illegal to have marijuana for sale. You are convicted of a drug felony if you match all three of the following elements beyond a reasonable doubt:
- You knew you had marijuana in your possession.
- Marijuana was identified as the substance in question.
- You meant to sell the drug.
Although all three elements must exist for a marijuana sales conviction to be upheld in court. The quantity of marijuana in possession is not necessarily the only determining factor. Other indicators, on the other hand, differentiate possession from sale intent. Any of the following indicates a desire to sell:
- Scales and instruments often used in the sale of drugs
- Other drug paraphernalia
- Drug sales ledgers
- A significant amount of cash
- Proof in the bank account and phone records.
If these factors and evidence don't prove your intent to sell marijuana conclusively, your case may be dropped.
An obligatory prison sentence is imposed on anyone possessing more than two pounds of marijuana for sale. Other factors influencing the sentencing include the offender's criminal history, the ownership or involvement of arms in the crime, and other extenuating circumstances.
If these factors and evidence do not firmly indicate your intent to sell marijuana, your case could be dropped.
Possessing less than two pounds of marijuana with the intent to sell is a class 4 felony punished by one and a half to three years in prison. Possession of 2–4 pounds of marijuana for selling is a class 3 felony with a sentence of 2.5–7 years. Any quantity exceeding 4 pounds is considered a class 2 felony, punishable by four to ten years in prison.
Even though selling marijuana is a felony in Arizona, a first-time offender may qualify for probation instead of prison time.
Case of the Client Charged With A Drug Trafficking Crime in Peoria, Arizona
A cop pulled up Mr. B for a traffic offense. Then, the police officer discovered Mr. B was driving with a suspended license after pulling him over. The officer arrested Mr. B and took inventory of Mr. B's vehicle. While taking the stock, he discovered a backpack containing 0.8 pounds of marijuana and 25.8 grams of cocaine (threshold amounts are 2 pounds and 9 grams, respectively).
After his arrest, the police charged Mr. B for the following offenses:
- Possession of Narcotic Drugs for Sale, a class 2 Felony
- Possession of Marijuana for Sale, a class 4 Felony
As a result of these charges, Mr. B was facing a presumed 5-year prison sentence.
Mr. B enlisted the help of our firm to help him reduce his probable prison term. After examining the facts of the case, our team felt confident in their ability to reach an amicable agreement. With the prosecutor's office, our team could get a plea agreement.
Mr. B's goal was accomplished thanks to our team's extensive legal understanding. Mr. B was given a seven-month jail sentence, to begin with. Afterward, he was placed on supervised probation after his original jail sentence. The fines imposed on Mr. B were also significantly lowered.
What Does A Plea Bargain Entail?
A plea bargain involves the prosecution and the defendant reaching an agreement. The accused pleads guilty to a less severe allegation or one of the multiple charges in exchange for a lighter penalty or the dismissal of the other accusations.
Plea negotiation allows both sides to avoid a lengthy criminal trial, As shown in the case of Mr. B. It also protects the accused from being found guilty of a more severe offense at trial.
Conclusion
In Peoria, Arizona, being arrested for a substantial quantity of drugs carries serious consequences. On the other hand, An expert drug crime defense lawyer is familiar with the criminal justice system. Plus, he knows what it takes to secure the best results based on your case's circumstances.
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.