Possession of Dangerous Drugs Lawyer in Arizona — Defense Under ARS 13-3407
A possession of dangerous drugs lawyer in Arizona defends clients accused under Arizona Revised Statutes 13-3407 of knowingly possessing a dangerous drug. Oliverson Law DUI & Criminal Defense combines judicial, prosecutorial, and law enforcement experience across Maricopa and Mohave counties. Call (480) 582-3637 for a free case evaluation.
What Does Arizona Law Say About Possession of a Dangerous Drug Under ARS 13-3407?
Arizona prosecutes dangerous-drug offenses under Arizona Revised Statutes 13-3407. Simple possession — knowing possession or use without intent to sell or distribute — is charged under ARS 13-3407(A)(1). “Dangerous drugs” are defined by ARS 13-3401 and include methamphetamine, MDMA, psilocybin, LSD, and other scheduled substances (not cocaine, heroin, fentanyl, or oxycodone, which are prosecuted as narcotic drugs under ARS 13-3408, and not marijuana, which is governed by ARS 13-3405 and Proposition 207).
Arizona’s Proposition 200 (codified at ARS 13-901.01) limits prison sentences for certain first- and second-offense simple drug possession cases. For a defendant who qualifies, Prop 200 requires probation rather than prison on a first or second offense. That is one of the most important pieces of leverage available in an Arizona possession case.
Threshold quantities defined in ARS 13-3401 can change the analysis. Where the alleged quantity is at or above the statutory threshold, or where the charge is possession for sale rather than simple possession, Prop 200 does not apply and exposure increases significantly. That is why quantity challenges and element challenges are a core part of the defense.
What Happens After a Dangerous Drugs Possession Arrest in Arizona?
Arizona’s criminal process moves quickly, and the decisions made in the first 48 to 72 hours after an arrest shape the rest of the case. The exact timeline depends on the charge and the court, but most Arizona cases follow the same four stages.
Arrest and Initial Appearance
If you are arrested, Rule 4.1 of the Arizona Rules of Criminal Procedure requires that you be brought before a judge for an Initial Appearance within 24 hours. That is when release conditions — bond, own-recognizance release, or pretrial detention — are set. Having counsel in place before the Initial Appearance can directly affect the conditions the court orders.
Arraignment and Plea Entry
Felony arraignments in Superior Court and misdemeanor arraignments in city or justice court are where the charges are formally read and a plea is entered. A not-guilty plea at arraignment preserves every defense and triggers the State’s disclosure obligations under Rule 15.
Pretrial Motions and Disclosure Review
This is the stage where most criminal cases are decided. Motions to suppress evidence, motions challenging the charging instrument, and review of police reports, body camera video, and witness statements all happen here. A successful suppression motion can end a case before trial.
Resolution: Plea, Diversion, Dismissal, or Trial
Most Arizona criminal cases resolve through a negotiated plea, a diversion program, or dismissal after a successful defense motion. When trial is the right path, Rule 8 sets time limits the State must meet. Our approach is to prepare every case as if it is going to trial, because that preparation is what produces better plea offers.
How Does Our Team Build Your Dangerous Drugs Possession Defense?
An effective Arizona criminal defense is built around four questions: Was the State’s evidence lawfully obtained? Can the State prove every element of the charge beyond a reasonable doubt? Are there affirmative defenses or justifications that apply? And what resolution produces the best long-term outcome for the client? Every case we take is worked through this framework.
Challenging the Stop, Search, or Seizure
Fourth Amendment issues are where many Arizona criminal cases break down. Traffic stops without reasonable suspicion, searches beyond the scope of consent, and warrantless home entries without exigent circumstances all create suppression arguments under ARS 13-3925 and the Fourth Amendment.
Attacking the State’s Evidence
Chain of custody, lab testing protocols, officer credibility, body-camera gaps, and witness reliability are all challengeable. The State must prove every element of the charge beyond a reasonable doubt — breaking any single element ends the prosecution.
Raising Affirmative Defenses
Arizona recognizes self-defense under ARS 13-404, defense of a third person under ARS 13-406, defense of premises and property, necessity, duress, and mistake of fact. When the facts support it, we raise these defenses early and present them to the jury.
Negotiating From Trial-Ready Strength
Our preferred resolution is always dismissal or diversion. When a plea is the right outcome, we negotiate from the leverage created by trial preparation. Prosecutors move their offers when they see a defense that is ready to go.
Why Does Our Background Give You an Advantage?
Oliverson Law was founded in 2009 by Derek Oliverson, who brings a career spanning law enforcement, prosecution, and the judiciary. He earned his B.S. in Criminal Justice (magna cum laude) from Southern Utah University and his J.D. with a concentration in litigation from Creighton University School of Law. He was admitted to the Arizona Bar in October 2009.
Before founding the firm, Derek served as a police officer in Henderson, Nevada, worked as a criminal prosecutor in Mohave County, Arizona, and presided as a judge at both Page Magistrate Court (overseeing adjudication of 3,000+ cases annually) and Glendale City Court (starting in 2012, overseeing 40,000+ cases annually). He left the bench in 2014 to focus on criminal defense.
Attorney David Tangren is a graduate of the University of Arizona James E. Rogers College of Law where he served as Note and Comment Editor on the International and Comparative Law Journal. Before joining Oliverson Law, David was a prosecutor at the Pima County Attorney’s Office, handling cases from misdemeanors through the felony trial team in the Property and Narcotics Bureau.
Which Arizona Counties and Cities Do We Serve?
Oliverson Law handles dangerous-drug possession cases throughout Arizona from our main office at 60 E Rio Salado Pkwy, Suite 900, Tempe, AZ 85281. We appear regularly in courts across Maricopa County and Mohave County.
Maricopa County (Population: 4,551,524)
Maricopa County Superior Court at 201 W Jefferson St, Phoenix handles all felony cases. Misdemeanor cases are heard in the 26 justice court precincts and municipal courts located throughout the county, including regional facilities in Mesa (222 E Javelina Ave), Surprise (14264 W Tierra Buena Ln), and North Phoenix (18380 N 40th St).
Mohave County (Population: 222,255)
Mohave County Superior Court at 415 E Spring St in Kingman handles felony cases. Our founder Derek Oliverson began his legal career as a prosecutor in Mohave County and maintains direct familiarity with the local courts and procedures.
Maricopa CountyPima CountyPinal CountyYavapai CountyMohave CountyCoconino CountyYuma CountyCochise County
Frequently Asked Questions
Under ARS 13-3401, “dangerous drugs” is a statutory category that includes methamphetamine, MDMA, psilocybin, LSD, and other scheduled substances. Narcotic drugs (such as cocaine, heroin, fentanyl, and oxycodone) are charged under ARS 13-3408. Marijuana is governed by ARS 13-3405 and Proposition 207.
Yes, in many simple-possession cases. ARS 13-901.01 requires probation rather than prison for qualifying first- and second-offense simple-possession defendants. Prop 200 does not apply to possession for sale, transportation, manufacturing, or cases involving threshold quantities as defined in ARS 13-3401.
Sometimes, yes. Cases are regularly dismissed when the defense exposes constitutional problems with the stop, search, or seizure; when the State cannot prove knowing possession; or when testing and chain-of-custody evidence is insufficient. Diversion programs can also result in dismissal after successful completion.
Yes, unless the case is resolved through diversion, or the conviction is later set aside under ARS 13-905 or sealed under ARS 13-911 (effective January 1, 2023). Eligibility depends on the class of the offense and other statutory factors.
Under the Fifth and Sixth Amendments and Arizona law, you have the right to remain silent and the right to counsel. You do not have to answer questions, make statements, or consent to searches without a lawyer present. What you say during a stop, a consent search, or an interrogation will be the State’s evidence if the case goes to trial.
Oliverson Law’s team includes a former judge (Glendale City Court), former prosecutors (Mohave County and Pima County), and a former police officer. That combined experience on the charging, prosecuting, and judicial sides of Arizona criminal cases is what informs our defense strategy. We have been defending Arizona criminal charges since the firm was founded in 2009.
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Derek Oliverson has presided over thousands of cases from the bench, prosecuted criminal cases in Mohave County, and patrolled streets as a police officer. Now he uses that experience to defend you.
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