American criminal law is enforced, in most places, by both the state and federal courts.  Although the U.S. Constitution does not provide for a federal police power, the Federal Government has extended its power to include legislating a broad range of conduct as Federal Crimes, most of which are contained within Title 18 of the United States Code and Title 21 of the United States Code ("Controlled Substances Act").  Federal law enforcement and prosecuting agencies are generally much better funded than their local counterparts, and federal legislation usually calls for harsher punishments.  For defendants, this means that facing federal charges, even for nonviolent offenses, can mean facing decades in federal prison.  Federal crimes are prosecuted by the US Attorney's Office and are heard at the trial level at the United States District Courts.  In Tucson, the Federal District Courthouse is the Evo A. DeConcini United States Courthouse, located at 405 W Congress Street.

If you or a loved one has been arrested, charged with a federal crime, or is under investigation by the Drug Enforcement Administration ("DEA"), Federal Bureau of Investigation ("FBI"), Bureau of Alcohol, Tobacco and Firearms ("ATF"), Customs and Border Protection ("CBP") or other federal agency, contact the Tucson Defenders now for a Free Consultation with a Tucson Federal Criminal Defense Attorney.
If you are facing state level charges, visit our PRACTICE AREAS page for more information.

COMMON FEDERAL CRIMES
Federal law enforcement agencies often engage in sophisticated investigative operations, using tactics such as undercover agents, wiretapping, confidential informants, and more.  These thorough investigations often involve larger criminal enterprises and organized crime.  Some of the most commonly charged federal offenses include conspiracy, drug trafficking, mail/wire fraud, bank robbery, Racketeer Influenced and Corrupt Organizations Act ("RICO"), identity theft, counterfeiting, tax evasion, and child pornography.  Federal charges that are often triggered by state arrests include felon in possession of a firearm, and illegal re-entry.  Not all federal charges stem from federal investigations; sometimes a simple traffic stop by a local law enforcement agency can lead to federal charges.  Drug crimes make up more than 25% of federal cases nationwide, and Arizona is one of the top five districts for drug trafficking cases. 

More information about Drug Trafficking
More information about Robbery
More information about Fraud Crimes
More information about Forgery/Counterfeiting Offenses
More information about Money Laundering Crimes
More information about Marijuana Crimes / Marijuana Cultivation Crimes
More information about Felon in Possession of a Firearm Crimes
More information about Weapon Offenses
More information about Embezzlement Defense
More information about Importing Drugs Laws

GRADING OF FEDERAL CRIMES
Federal crimes are broken into Felonies, Misdemeanors, and Infractions.  Felonies are the most serious category of offenses, and are divided into five classes (Class A-E).  Class A felonies are punishable by life imprisonment or death, Class B felonies are punishable by 25 years or more, Class C felonies are punishable by more than 10 years but less than 25 years, Class D felonies are punishable by five to 10 years, and Class E felonies are punishable by less than 5 years.  Federal misdemeanors are also divided into classes (Class A-C) and are all punishable by less than one year.  Infractions are punishable by a fine or up to five days of incarceration.  Federal misdemeanor and infraction charges often result from unlawful conduct on federal land, such as driving under the influence at a federal park.

FEDERAL SENTENCING GUIDELINES
The Federal Sentencing Guidelines are based on two factors: 1. the offense level, and 2. the criminal history category.  The offense level is a grading of the seriousness of the crime itself.  There are 43 offense levels, determined by looking at the charges and applying adjustments based on conduct.  There are six levels of criminal history.  With offense level on one axis, and criminal history on the other, the sentencing range will fall within one of four zones: A, B, C, or D.  The Federal Sentencing Guidelines may have been intended to be mandatory, but have been ruled advisory.  This means that federal judges do have the power to sentence outside of the range provided by the guidelines.

TIMELINE FOR A FEDERAL CASE
Every case is different, but there is some standardization in how cases are handled in federal court.  While most federal criminal cases start with a federal investigation (by the FBI, DEA, IRS, etc.), sometimes federal authorities are made aware of a federal crime after an arrest, whether those federal charges are related to the original arrest or not.  A subject of a federal investigation may be approached by the investigating agency and made aware of the investigation before arrest, or might be blindsided by an arrest.  After initial contact or arrest, the government will sometimes attempt to leverage charges in exchange for cooperation.  Felony defendants are usually brought before a judge in the custody of federal agents before a Magistrate Court.  They are informed of the charges against them, the maximum penalties, and asked whether they can afford an attorney.  The magistrate judge will then make a determination of whether to release the defendant or require bail.  Next, there will be an indictment or a preliminary hearing, and an arraignment in the District Court, in front of the judge who will preside over the rest of the case.  Next, there can be a number of pretrial motions filed, including motions to suppress evidence or motions to dismiss.  During this time, plea negotiations may be ongoing with the prosecution, or a defendant can plead and leave sentencing up to the judge.  Cases that cannot be dismissed or settled go on to a jury trial.  If there is a conviction, whether by plea or by guilty verdict at trial, the case will then proceed to sentencing.

HOW YOU CAN MITIGATE YOUR SENTENCE
There are numerous ways to reduce exposure in a federal criminal case.  Of course beating a charge, whether by trial or motion, is the best way, but federal cases have an overwhelming conviction rate.  Sentences can be mitigated by establishing facts showing the conduct warrants a lower offense level might generally be applied.  Some examples include acceptance of responsibility, minimal participant, etc.  Additionally, it may be possible to clean up some other criminal history to attain a lower criminal history score.  Additionally, downward departures/variances from the guidelines are available where distinctions can be made to justify imposing a lesser sentence.  Federal crimes are serious, and carry hefty consequences; having a lawyer who understands how to work within the guidelines can be the most important part of a federal criminal case.  Diminished capacity, voluntary disclosure, and post-sentencing rehabilitative efforts are some examples of the arguments some offenders might have to reduce their time behind bars.

WHEN IS IT BEST TO GET AN ATTORNEY?
Having an attorney at every stage of a case would be ideal.  Of course most federal defendants are not made aware of an investigation until it has already been underway for some time, but it is best to get an attorney as soon as you become aware of a criminal investigation.  In some cases, handling the investigation correctly can avoid criminal charges.  In court, defendants who cannot afford an attorney are appointed the Federal Public Defender.  Individuals who can afford to hire a private attorney may do so at any point during a case.  Again, if you are going to hire an attorney to represent you, it makes the most sense to do so at earliest stage possible.

IF YOU OR A LOVED ONE IS FACING FEDERAL CHARGES OR A FEDERAL INVESTIGATION, CONTACT THE TUCSON DEFENDERS NOW FOR A FREE CONSULTATION WITH A TUCSON CRIMINAL DEFENSE ATTORNEY.  WE CAN GO OVER YOUR CASE, EVALUATE POSSIBLE DEFENSES, AND GET TO WORK PROTECTING YOUR RIGHTS AND LIBERTY.

THIS ARTICLE HAS BEEN UPDATED ON NOVEMBER 9, 2020 TO REFLECT LEGAL CHANGES IN STATE LAW AS ARIZONA VOTERS OVERWHELMINGLY PASSED PROPOSITION 207 TO LEGALIZE ADULT RECREATIONAL MARIJUANA USE, POSSESSION OF UP TO AN OUNCE OF MARIJUANA (NOT MORE THAN 5 GRAMS OF CONCENTRATE), WILL EXPUNGE CERTAIN MARIJUANA CONVICTIONS, PERMIT ADULTS TO GROW THEIR OWN MARIJUANA, AND OPEN RECREATIONAL MARIJUANA DISPENSARIES.  PUBLIC MARIJUANA USE WILL BE PUNISHABLE AS A PETTY OFFENSE ONLY.

 As marijuana laws across the country undergo major changes, marijuana is still illegal under both Arizona and Federal law.  Arizona has legalized medical marijuana, and adult recreational use, but serious charges can be filed in both federal and state court for marijuana-related crimes.  This article specifically deals with marijuana-related crimes under Arizona and Federal law.

Click here for information on our drug crimes page. 
Click here for our Marijuana Cultivation page.
Click here for information about Drug Trafficking Laws.
Click here fore information about Federal crimes

ARIZONA MARIJUANA CRIMES
In Arizona, possession of even a small amount of marijuana (more than one ounce, or more than 5 grams of concentrate) is still a criminal offense, and may continue to be one of the most common crimes in Tucson.  Possession of under two pounds of marijuana is technically a class six felony under Arizona law, but is often charged as a misdemeanor.  Paraphernalia charges are also often charged as a misdemeanor.  Still, the law does still recognize even simple possession as a felony, punishable by 4 months to 2 years of incarceration.  First time offenders may be eligible for Conditional Release, a diversion program where defendants can serve a probationary period, and if successful avoid a conviction and jail time.  If you or a loved one has been arrested for a marijuana-related offense, contact a Tucson criminal defense attorney to discuss your case, including the possible consequences and evaluating your available defenses.  Arizona's legalization of marijuana still prohibits use or possession of any amount of marijuana by individuals under 21 years of age, public consumption of marijuana (now a petty offense), or cultivation of more than 6 plants.

ARIZONA MEDICAL MARIJUANA LAWS
In 2010, Arizona voters passed Arizona's current medical marijuana program, the Arizona Medical Marijuana Act (AMMA).  Patients 18 years of age or older can get medical marijuana recommendations from a doctor if they suffer from one of a number of qualifying conditions.  With a medical marijuana card, a qualified patient can possess up to two and a half ounces of marijuana every two weeks.  Arizona medical marijuana patients are part of a statewide registry, which tracks purchases at dispensaries.  Medical marijuana patients in Arizona are only authorized to grow marijuana if they do not live within 25 miles of a dispensary.  Medical marijuana patients may not sell or transfer their medical marijuana, and may not drive while under the influence of marijuana.  If you have questions about how Arizona's medical marijuana laws might apply to you, contact us for a free consultation.  With the advent of legalization, medical marijuana will likely become less prevalent, as it has in other states like California, Colorado, Washington, and Oregon.

FEDERAL MARIJUANA LAWS IN ARIZONA
American criminal law has a lot of overlap when it comes to criminal law.  Many crimes violate both federal and state statutes.  Under Federal law, Marijuana is a Schedule I controlled substance, making it illegal to possess, sell, cultivate, or transport.  Federal marijuana charges can be serious, with mandatory minimum sentencing guidelines and zealous prosecution of marijuana crimes in the Arizona federal district courts. 

DRIVING UNDER THE INFLUENCE OF MARIJUANA
Driving Under the Influence (DUI) is not just for drinking and driving.  If a police officer detects the odor of marijuana during a traffic stop or at a DUI checkpoint, the driver will most likely be arrested for driving under the influence, even if there do not appear to be any other signs of impairment.  It is important to note that even medical marijuana patients can be charged with driving under the influence.  Even if you do not drive while feeling the effects of marijuana, it is important never to smoke marijuana in your car, and to make sure that you do not put on clothing that smells like marijuana on before getting in the car.  Arizona law regarding driving under the influence of marijuana permits a conviction for without evidence of actual impairment. 

WHAT ARE SOME COMMON DEFENSES IN MARIJUANA CASES?
The most common defenses in marijuana cases are challenging the search that revealed the marijuana, medical marijuana privileges, lack of knowledge, and lack of intent (to sell, deliver, or otherwise furnish).  In drug cases, it is very important to have an attorney with a strong understanding of Constitutional Law and who stays up to date with Fourth Amendment case law.  Marijuana's strong odor sets it apart from other drugs, and is a major factor in search and seizure jurisprudence. 

WHAT ARE SOME OTHER CONSEQUENCES OF A MARIJUANA CHARGE?
In addition to facing direct criminal penalties, simple marijuana charges can have major collateral consequences for a person's future.  Due to the federal prohibition of marijuana and strict immigration policies relating to controlled substances, a marijuana conviction could possibly result in serious immigration consequences including deportation, denial of naturalization, denial of entry, and more.  For college students, Federal student aid can be withheld for students who suffer any kind of drug conviction.  Additionally, marijuana and other drug possession cases can impact professional licenses (e.g. nursing, medical license, insurance license, etc.), and can even impact the right of an individual to own a firearm.  Be sure to discuss these possible consequences with your attorney, and make sure that your attorney knows if you are a licensed professional, a non-citizen, a college student, or a gun owner.

If you or a loved one has been arrested or charged with a marijuana-related offense, you need an aggressive lawyer to fight for you.  Contact the Tucson Defenders now for a FREE CONSULTATION 520-585-5757

TUCSON CRIMINAL DEFENSE ATTORNEY

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