Arizona law is clear: you cannot knowingly possess or use illegal drugs. If you are discovered under the influence, or with drugs on or near you, it’s likely you’ll be charged with felony drug possession. The state’s drug laws are very detailed, listing the type and quantity of drugs that are prohibited, as well as the corresponding punishment. Drug possession penalties in Arizona depend on the type of substance possessed, prior criminal history, and whether you’re being charged for personal-use simple possession or possession with intent to sale.
In Arizona, drug crimes are harshly punished. Being found guilty could result in substantial jail time and high fines, among other penalties. The criminal justice system is geared to convict. The prosecution will do everything legally possible to win their case. That is why you need an Arizona drug crimes attorney on your side who knows how to find weaknesses in the other side’s arguments and develop a solid strategy on your behalf. You should turn to Oliverson Law PLLC for legal advice and advocacy. Click: https://oliversonlaw.com/contact-us/
Classification of Drugs in Arizona
Arizona State law divides illegal drugs, referred to as controlled dangerous substances (CDS), into 6 categories: marijuana, peyote, prescription drugs, dangerous drugs, narcotic drugs and substances that emit toxic vapors. Although medical and recreationsl marijuana is legal in Arizona, the possession with intent to sell, and the non-medical cultivation of marijuana are still serious crimes.
Elements of the Crime
All crimes carry a burden of proof that must be established for a guilty verdict. The crime of possession of a narcotic drug requires the state prosecutor to prove beyond a reasonable doubt the following two statements:
1. The defendant knowingly possessed a narcotic drug.
Simply being present where drugs are found is not enough for a conviction of possession. There must be evidence linking you to the drugs so it can reasonably be inferred that you knew about the drug’s existence. Plus, the prosecutor must show that you exercised control over the drugs. A ‘usable quantity’ is not an element of the possession offense nor necessary to sustain a conviction for possession.
2. The substance was in fact a narcotic drug.
The prosecutor also must clearly show that the recovered substance contains a recognized dangerous drug. The drug needs to be tested by a forensic scientist and that same scientist must later testify that the recovered substance is a dangerous drug.
Drug Possession Penalties
A conviction of any drug offense can seriously impact your life. In addition to fines and jail time, you can lose many public benefits. This includes any money or services provided by this state for scholarships or tuition waivers, welfare benefits, public housing or other subsidies.
Being charged with drug possession doesn’t mean that you will be convicted. There are a variety of defenses an attorney can raise on your behalf. At Oliverson Law DUI & Criminal Defense, our Arizona drug crime lawyers have experience that is beyond the usual.
Call our firm at (480) 582-3637 or contact us online for a free initial case consultation with our team.
An aggressive attorney plays a critical role in defending clients in domestic violence cases. They strive for justice while ensuring the best possible outcomes.
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Can I get a free consultation with a criminal defense lawyer near me?
You can get a free consultation with a criminal defense lawyer near you. Many law firms, including Oliverson Law, offer complimentary consultations to discuss your case and outline potential legal options.
What is the role of a criminal defense lawyer near me?
The role of a criminal defense lawyer near you is to provide legal representation and guidance for individuals facing criminal charges, ensuring their rights are protected, advocating for favorable outcomes, and navigating the complexities of the legal system.
What are the benefits of hiring a local DUI defense lawyer?
The benefits of hiring a local DUI defense lawyer include their in-depth knowledge of Arizona laws, familiarity with local courts and judges, and the ability to build a tailored defense strategy based on the specifics of your case.
What are the qualities of a good criminal defense lawyer near me?
The qualities of a good criminal defense lawyer near you include extensive legal experience, a strong understanding of local laws, excellent communication skills, a proven track record of successful outcomes, and a commitment to protecting clients' rights and interests.
How do I find a DUI defense lawyer near my location?
To find a DUI defense lawyer near your location, search online legal directories, check local bar association referrals, or look for client reviews on law firm websites. Additionally, consider reaching out to friends or family for recommendations.
How do I find a good criminal defense lawyer near me?
Finding a good criminal defense lawyer near you involves researching local attorneys, checking reviews and testimonials, and evaluating their experience with specific criminal charges. Schedule consultations to assess their approach and expertise.
How do I choose the best criminal defense lawyer near me?
Choosing the best criminal defense lawyer near you involves researching their experience, specialization in criminal law, client reviews, and success rates in similar cases. Schedule consultations to assess their communication style and approach to your specific legal needs.
Do I need a DUI defense lawyer for a first-time offense?
The necessity of a DUI defense lawyer for a first-time offense is essential. An experienced attorney can navigate the legal system, advocate for your rights, and potentially mitigate consequences, ensuring the best outcome for your situation.
Can a DUI defense lawyer help me keep my license?
A DUI defense lawyer can assist you in retaining your license. They can navigate the legal process, challenge evidence, and potentially negotiate alternatives to suspension, helping protect your driving privileges.
What are the benefits of hiring a criminal defense lawyer?
The benefits of hiring a criminal defense lawyer are substantial, as they provide expert legal representation, navigate the complexities of the justice system, and work to secure the best possible outcomes for your case, safeguarding your rights throughout the process.
What is the role of a criminal defense lawyer in court?
The role of a criminal defense lawyer in court is to represent and advocate for individuals accused of crimes, ensuring their legal rights are protected, presenting evidence, negotiating plea deals, and striving for the best possible outcome in their cases.
Can a criminal defense lawyer help with plea bargaining?
A criminal defense lawyer can significantly assist with plea bargaining. They leverage their legal expertise to negotiate favorable terms and ensure that clients understand the implications, ultimately striving for the best possible outcome in their case.
What are the qualities of a successful criminal defense lawyer?
The qualities of a successful criminal defense lawyer include strong analytical skills, effective communication, a deep understanding of the law, and a commitment to client advocacy. These traits enable them to formulate effective defense strategies and achieve optimal outcomes for their clients.
What are the benefits of hiring a local criminal defense lawyer near me?
The benefits of hiring a local criminal defense lawyer include their in-depth knowledge of local laws and court procedures, which can significantly influence case outcomes. They also have established relationships with local judges and prosecutors, potentially aiding in more favorable negotiations.
What can I expect during my consultation?
During your consultation, you can expect a thorough discussion of your case, where our experienced attorneys will assess the details of your situation, answer your questions, and outline potential strategies to achieve the best outcome for you.
How long does a DUI case take?
The duration of a DUI case can vary significantly based on factors such as the complexity of the case and court schedules, but generally, it can take anywhere from a few months to over a year to resolve.
What should I prepare for my consultation?
Preparing for your consultation involves gathering relevant documents, such as any police reports, court documents, and a list of questions or concerns you wish to address. This will help ensure a productive discussion about your case.
What is the process for hiring a lawyer?
The process for hiring a lawyer involves researching potential candidates, arranging consultations to discuss your case, evaluating their experience and approach, and finally signing a retainer agreement to secure their representation.
What strategies do lawyers use for DUI cases?
Lawyers use various strategies for DUI cases, including challenging the legality of the traffic stop, questioning evidence reliability, negotiating plea deals, and leveraging expert testimonials to create reasonable doubt about the client’s impairment.
How often should I communicate with my lawyer?
The frequency of communication with your lawyer should be based on your case's complexity and development. It's essential to maintain regular updates, typically checking in at least once a week or as significant events arise.
What types of charges can a lawyer contest?
Lawyers can contest a wide range of criminal charges, including DUI offenses, drug crimes, assault, theft, domestic violence, and more. Each case varies based on specifics, allowing for strategic defense approaches tailored to the situation.
Are there payment options for legal services?
Payment options for legal services are available at Oliverson Law. We offer flexible plans to accommodate various financial situations, ensuring you receive the quality defense you need without added stress.
How do I know if a lawyer is qualified?
Determining if a lawyer is qualified involves checking their education, experience in specific legal areas, licenses, and any relevant accolades or certifications. Additionally, reading client reviews and testimonials can provide insight into their effectiveness and reputation.
What happens if I cant afford a lawyer?
If you can't afford a lawyer, you may be eligible for legal aid services or public defenders that provide representation at little or no cost. It’s important to seek assistance promptly to ensure your rights are protected.
How does a lawyer build a defense strategy?
A lawyer builds a defense strategy by thoroughly investigating the case, analyzing evidence, identifying legal precedents, and considering client interests to construct a tailored approach that aims for the best possible outcome in court.
What should I look for in a defense attorney?
What to look for in a defense attorney includes their experience in criminal law, successful case history, communication skills, and a strong reputation. Ensure they understand your specific needs and provide personalized attention throughout your case.
Can previous convictions affect my case outcome?
Previous convictions can significantly affect your case outcome. They may lead to harsher penalties, affect plea negotiations, and influence a judge's or jury's perception during trial. It's essential to discuss your specific situation with an experienced attorney.
What are common defenses against DUI charges?
Common defenses against DUI charges include challenging the legality of the traffic stop, questioning the accuracy of breathalyzer or field sobriety tests, and arguing diminished capacity due to medical conditions or medications.
How do local laws impact my defense?
Local laws significantly impact your defense strategy. Each jurisdiction has unique regulations and penalties, which can influence case outcomes, available defenses, and plea negotiations. Understanding these local nuances is crucial for effective representation and achieving the best results.
What happens if I lose my case?
If you lose your case, the consequences can vary depending on the charges, but you may face penalties such as fines, probation, or imprisonment. It's essential to discuss your options with your attorney for possible appeals or alternative solutions.
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