Whether in the Phoenix area, or anywhere in Arizona, per A.R.S. §13-3407 "Possession or Use of a Dangerous Drug" normally means any prescription narcotic or any other drug which is not marijuana. Most often this is methamphetamine, cocaine, or some type of prescription for either a pain killer (i.e., a "narcotic") or an antidepressant. However, under Proposition 200 (i.e. "Prop 200" even if convicted of a Class 6 Felony on a first offense, you cannot get prison or jail. You can only be sentenced to probation. However, if you fail on probation, you can be taken into custody and forced to sit from two to four (2-4) weeks until the Judge reinstates your probation and releases you. Normally, we can resolve these charges by either pleading them down to a misdemeanor (which can carry up to six (6) months in jail if you violate probation), or to a "TASC" resolution.
TASC is an Adult Deferred Prosecution Program, and it's length can be anywhere from one to two (1-2) years. It requires a minimum of six (6) months of group counseling (once per week); two (2) self-help meetings per week for six (6) months (usually AA or NA); one (1) three-hour drug and alcohol abuse education seminar held on a Saturday; a minimum of one (1) office visit per month; and adherence to a urine testing schedule. The payment and fees run anywhere from $2000-$2500. The TASC admissions people are very selective on who they allow into these programs, and it is very important to have an experience attorney with you to help facilitate a "TASC offer". At the Law Offices of David Michael Cantor, P.C., our Attorney's have dealt many times with the TASC admissions personnel and we can easily assist you from admission to completion of this program. Once it is complete, your record will reflect a total dismissal.
If a Defendant has already undergone the TASC program, or they have been previously convicted of a drug charge, then they are deemed to be "TASC ineligible". However, a person is still "Prop 200" eligible if they only have one (1) prior low level drug conviction, or they have only done TASC one (1) prior time. You will not be "Prop 200" eligible if the prior conviction was for sale of drugs, promoting prison contraband; or driving while under the influence of drugs. If the Prosecutor does find that you have "two strikes" against you, then they will not allow you to be "Prop 200" eligible for a third offense. If a person is not "Prop 200" eligible, then the sentence range on a first offense class four (4) felony conviction "below the statutory threshold" could be anywhere from probation with zero (0) days in jail up to one (1) year in jail; or prison of one (1) year to three and three-quarters (3.75) years of incarceration. If a person has one (1) allegeable historical prior felony conviction, then the "prison only" range is two (2) years to seven and one half (7.5) years in prison; and if the person has two (2) allegeable historical prior felony convictions, then the "prison only" range is six (6) years to fifteen (15) years in prison.
The Drug "threshold" amount, which requires a mandatory prison sentence, includes nine (9) grams for methamphetamine; nine (9) powdered grams of cocaine or three quarter (3/4) gram in rock (crack) form; one (1) gram of heroin; a half (2) millimeter of LSD or fifty (50) dosage units (blotter form); and four (4) grams or fifty (50) milliliters of PCP. A person who is found to be "above threshold" faces a mandatory minimum prison term, even on a first offense. In addition, it will be assumed that the amount possessed was not for personal use, and instead was "possessed for sale". This is a much more serious charge.
The key to defending any "possession" charge is showing that the person did not "knowingly" possess any drugs or paraphernalia (i.e., "Lack of Knowledge"). Many times we can demonstrate that what was found in a person's vehicle or inside their house or apartment was left behind by somebody else (such as a roommate, or somebody who came over to the house at a much earlier time). As far as defending the "use" of such items, we will need to challenge any claims by the Officer of signs and symptoms of drug impairment or whether he could "smell" any drugs in the air. It will be critical to determine not only what you actually said to the Officers, but also what the Officers are claiming you said.
The "Common Defenses", which may apply in any criminal case are numerous and diverse. One of the most common defenses we encounter is a "Miranda Rights Violation". In Arizona, the standard of whether any inculpatory statement (i.e., a statement which tends to admit guilt) is admissible into evidence is based upon a "Voluntariness" standard. If we can demonstrate that the police coerced you (i.e., intimidated or tricked you) into making a confession or inculpatory statement, or that they did not properly read you your Miranda Rights, then we can suppress those statements and any evidence gathered as a direct result of those statements. In addition, "Denial of Right to Counsel" is another common defense which is often raised. This occurs when a suspect is in custody and requests to speak to their lawyer, but is denied and questioning continues. In certain cases (such as DUI) it is mandatory that you speak to an attorney as soon as possible in order to determine your rights before your body burns away the evidence of your presumably low alcohol content. Other defenses include challenging the validity of any search warrant, or whether there were any "forensic flaws" during the investigation of your case. This could include exposing flawed procedures regarding blood, breath, and urine testing; fingerprints analysis; DNA testing; ballistics; gunshot residue testing; computer analysis / "cloning hard drive" procedures; forensic financial accounting reviews; etc. Lastly, one of the most common defenses is exposing sloppy or misleading police reports which include everything from misstatements, false statements, flawed photo line-ups and inaccurate crime scene reconstruction.
It is important to hire an AV® rated law firm (the highest possible rating by Martindale Hubbell®), with the most Certified Criminal Law Specialists of any AV® rated Arizona Law Firm, per the Arizona Board of Legal Specialization. In addition, the Firm and all of it's lawyers are listed in the Bar Register of Preeminent Lawyers®. At the Law Offices of David Michael Cantor, P.C., the majority of our Attorneys are ex-Prosecutors, and all of our Attorneys know the system well. For a free initial consultation, call us at 1-888-822-6867, or click here to contact us now.
If your case involves Accident & Injury, Family & Divorce or Motorcycle Injury please visit our companion firm: Cantor Simon Law Group - www.cantorsimonlawgroup.com/
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November 09, 2008
A dozen years ago, 3,000 drunken-driving prosecutions in Tucson…
