 Drug Crimes Lawyer in Tucson, AZ Across the nation, law enforcement agencies remain engaged in a failing war on drugs. Despite the victimless nature of drug-related offenses, widespread use, and growing acceptance for treatment alternatives and reform to drug laws, Arizona has very strict laws dealing with drugs. With a lot of narcotics activity in Tucson, local and federal law enforcement have made drug crimes a central focus of their operations. If you or a loved one has been charged with a drug crime, you need a strong defense attorney to assert your rights, investigate your case, and present the best defenses you might have. Before appearing in court on drug charges, defendants should contact our office for a Free Consultation to discuss their options. FREE CONSULTATIONS 520-585-5757 Click here for information specific to marijuana laws. Click here for more information about Drug Trafficking Laws Read more about Arizona and Federal marijuana cultivation laws Learn more about Arizona and Federal Drug Manufacturing laws More about Arizona and Federal laws regarding importing drugs Because drug laws in Arizona are strict and complex, you will want to discuss your case with an experienced criminal defense attorney. Many factors come into play in determining the severity of the charges against you, as well as assessing the quality of any defenses you may have. Discussing your case in detail will give you a better understanding of your rights, the possible consequences, and what a Tucson criminal defense attorney can do to help you get the best possible outcome in your criminal case. WHAT ARE SOME TYPES OF DRUG CRIMES? Simple possession of a controlled substance Possession of drug paraphernalia Driving under the influence of drugs Possession for sale Cultivation of marijuana Manufacture of methamphetamine and other drugs Drug smuggling Narcotics trafficking NOTE: Being under the influence of a drug is not a crime in Arizona. WHAT ARE THE PENALTIES FOR ARIZONA DRUG CRIMES? Possession or use of a dangerous drug (does not include marijuana) is a Class 4 Felony under Arizona law. Possession or transportation of a dangerous drug for sale, administering a dangerous drug, and manufacturing a dangerous drug are Class 2 Felonies, and can be punished more harshly. Possessing equipment for the manufacture of dangerous drugs, or obtaining a dangerous drug through fraud are Class 3 Felonies. Penalties for methamphetamine possession are the most severe, following legislative changes in 2006. Some people charged with drug possession may be eligible for a drug treatment program in lieu of jail pursuant to Proposition 200, a voter initiative passed in 1996 providing protection to people charged with drug possession. WHAT KINDS OF DRUGS ARE ILLEGAL IN TUCSON? Arizona prohibits the possession of methamphetamine, cocaine, heroin, marijuana, LSD, MDMA, prescription medications (especially Fentanyl, Vicodin, Percocet, and other opiate/opioid pain medications), psilocybin ("magic mushrooms"), and mescaline (peyote). A valid doctor's prescription provides certain legal protections (discussed more below) and having a valid Arizona-issued medical marijuana card will permit possession of up to two and a half ounces of marijuana. Federal drug laws break drugs down into different "schedules" purportedly based on their likelihood for abuse. The categories (Schedule I, Schedule II, Schedule III, Schedule IV, and Schedule V) determine the severity of the punishment, with Schedule I being the harshest. Schedule I drugs are defined as having no beneficial medical use, and a high potential for abuse, and includes marijuana, heroin, cocaine, LSD, MDMA, among others. While this classification of marijuana is controversial, it is the law. Schedule II covers prescription medications with a high potential for abuse such as Fentanyl, Morphine, OxyContin, and hydrocodone. Schedule III covers prescription drugs with less potential for abuse such as Ketamine and steroids. Schedule IV covers prescription drugs like Xanax and Valium, and Schedule V covers substances containing a small amount of narcotics. HOW MUCH IS CONSIDERED PERSONAL USE? Often, drug users are charged with possession for sale based on the quantity of drugs in their possession. Heavy users may be inclined to buy their drugs in bulk to save money, but law enforcement will ignore obvious evidence of personal drug use and look to build a sales case where possible. The way that drugs are packaged is one of the most common factors police and prosecutors look at in determining whether drugs are possessed for sale. Having drugs spread out into multiple baggies, vials or other containers may simply be the way that the end user purchased the drugs, but asserting these defenses and avoiding being punished more harshly than the truth warrants takes a skilled defense. Heavy binge use of drugs can greatly increase the likelihood that that a person have contact with police, and then can result in very serious charges and harsh penalties. HOW CAN I GET HELP FOR MY DRUG PROBLEM? Not all drug crimes are indicative of an addiction, but facing criminal charges because of choices related to drugs can be a wake up call for many. Getting help from communities such as NA, formal rehab programs, as well as from family and friends can go a long way towards helping you regain control of your life. Properly presented to the court and the prosecution, your willing participation in drug treatment can go a long way towards a more favorable outcome in your criminal case. Often, getting treatment for an underlying drug issue can even benefit defendants facing other types of charges. Proposition 200 also provides for specific treatment-based alternatives to drug possession sentences. WHAT IF THE POLICE UNLAWFULLY SEARCHED ME? Drug crimes often make their way to court after police unlawfully search a person and discover drugs. A search may be unlawful if it follows an unjustified traffic stop, or if the search otherwise is not supported by probable cause that a crime has taken place. Police will attempt to provide an account of the facts that will justify their intrusions, and it takes an experienced criminal defense lawyer to properly assert your rights. LEARN ABOUT CHALLENGING UNLAWFUL STOPS AND SEARCHES HOW SERIOUS ARE FEDERAL DRUG CHARGES? While Arizona has strict drug laws relative to some other states, Federal drug charges can be much more serious. Mandatory minimum sentencing guidelines, as well as dealing with thorough federal investigations and prosecutions make federal charges very serious. If you or a loved one is facing federal drug charges in Tucson, contact a Tucson Federal Drug Crimes Lawyer now for a free consultation and to discuss how to best defend against those charges. WHAT HAPPENS IF SOMEONE IS CAUGHT TRANSPORTING DRUGS FROM MEXICO? Bringing drugs across the border is one of the most serious drug crimes a person can face, and federal and local law enforcement throughout Southern Arizona are aggressive in their enforcement of drug laws. In Arizona, there are Customs and Border Patrol checkpoints, even stopping people who did not cross the border. If you or a loved one is arrested and accused of drug smuggling, call us now for a Free Consultation with a Tucson criminal defense lawyer. CAN I GET MY MONEY BACK? The DEA and other federal and local law enforcement agencies are focused on seizing as much cash as they can. With the burden of proof being lower to forfeit property than for a criminal conviction, many innocent people find themselves in the position of having the government trying to take away their hard earned money. If you or a loved one has been accused of narcotics activity and had money or other property seized, our firm may be able to help you get your money back. WHAT IF I HAVE A PRESCRIPTION? Having a valid prescription for an otherwise prohibited drug is probably the best defense a person facing drug charges can have. Still, a prescription's protections only go so far. Having a prescription for a medication will not protect a person from driving under the influence charges, or from charges alleging illegal sales or distribution. Forged, stolen, or altered prescriptions will give rise to additional charges. Society's views regarding drug crimes are evolving, but Arizona's laws dealing with drug possession, sale, cultivation, manufacture, or sales remain severe. If you or a loved one has been arrested or charged with a drug crime, contact the Tucson Defenders for help! TUCSON CRIMINAL DEFENSE ATTORNEY
1 Comment
1/9/2023 11:55:48 pm
My favorite part is when you said that different charges would be charged against you depending on your situation. Yesterday, my coworker told me that his brother is facing DWI charges after being caught driving drunk after going to a party. He asked if I had any idea what would be the best option to help him get a quicker way to get out of jail. Thanks to this instructive article, I'll tell him it will be much better if they consult a trusted criminal defense attorney for legal assistance. Leave a Reply. |
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