Being charged with drug possession can be scary. The criminal process tends to be confusing and stressful, and you are worried about what could happen to you?
The first question we often get is “Am I going to jail?” The answer is usually no, but the penalties are serious.
But when facing charges like these you need to have an attorney who understands what you are going through and can help you find the best solution, and word to avoid the most serious consequences, including a criminal record for drug possession. Call for a consultation on your drug case today.
Drug Classifications
Arizona has some tough and complex drug laws. Sentences range greatly depending on the circumstances of your case. How much you are caught with determines whether you will be charged with simple possession or if the charge will be elevated to possession with intent to distribute.
Arizona classifies its drugs in a pretty basic way. There are three main types: dangerous drugs, narcotics, and marijuana.
Dangerous drugs include substances like LSD, ecstasy, methamphetamines, steroids, hallucinogenic mushrooms, GHB, mescaline, clonazepam, lorazepam
Narcotics are: cocaine, heroin, opium, morphine, oxycodone, and more
Marijuana is marijuana (pot, weed, etc.). See my marijuana possession page.
(These lists are not exhaustive)
How you are charged and your potential sentence depends on the substance and quantity you were caught with.
Possession of Dangerous Drugs
Under Arizona law, “Dangerous Drugs” include LSD (acid), ecstasy, methamphetamines (meth), steroids, hallucinogenic mushrooms, GHB, mescaline, clonazepam, lorazepam, and many other prescription drugs.
Possession of a dangerous drug is considered a Class 4 felony and is punishable by up to 3.75 years in prison.
(ARS 13-3407)
Possession of Narcotics
Under Arizona law, Narcotics include cocaine, heroin, opium, morphine, oxycodone, most opiates, and other strictly controlled substances.
Possession of narcotics is a Class 4 felony and is punishable by up 3.75 years in prison.
ARS 13-3408
Arizona Drug Defense and Plea Options
Deferred Prosecution for First Time Offenders
In an effort to help those who are facing a drug conviction, the State of Arizona offers deferred prosecution for first-time drug offenders.
Deferred prosecution means that the court will hold off on prosecuting you while you complete a term of probation. This probationary period will have you attending drug and alcohol education and treatments if necessary, as well as other typical probation conditions.
If you successfully complete the probation, the charges against you will be dropped. If, however, you violate the probation by not adhering to the terms set you by the court, your case will be brought before the court and you will be prosecuted.
If this is not your first conviction, as a qualified attorney I can help you get more favorable results in court.
Arizona judges consider repeat offenders in a more severe light than first timers. If you were given another opportunity and failed by picking up another drug charge, expect to be sentenced to stiffer penalties.
If you are innocent of the charges against you or if you are nervous about getting fair treatment in the Arizona court systems, you need an experienced attorney.
A good lawyer can help you understand what your charges mean and discuss your options. Good attorneys succeed at getting charges dropped and sentences reduced everyday.
Please contact me to learn what I can do to help. I’ll go over your exact situation with you, in plain language, and discuss all your legal defense options, and I’ll give you my opinion on what makes sense for your exact situation and circumstances. Call me today to discuss your case.