Whether in the Phoenix area, or anywhere in Arizona, pursuant to ARS §13-3406, §13-3407, and §13-3408, if a person is "Manufacturing Dangerous Drugs" (or narcotic drugs), they can be charged with a class two (2) felony. This can normally be shown if they possess certain chemicals and have certain items which would be used to manufacture these drugs. Many times this is what is known as a "meth lab". A person can be charged with a class three (3) felony for simply possessing the manufacturing equipment without actually manufacturing a single dose of the drug.
If a person is charged with a class three (3) felony for simply possessing the manufacturing equipment, then the sentence range on a first offense is anywhere from probation with zero (0) days in jail up to one (1) year in jail; or two (2) years to eight and three quarters (8.75) years in prison. If a person has one (1) allegeable historical prior felony conviction, the "prison only" range will be three and one half (3.5) years to sixteen and one quarter (16.25) years in prison. If the person has two (2) allegeable historical prior felony convictions then the "prison only" range will be seven and one half (7.5) years to twenty-five (25) years in prison.
If the person is found to actually have manufactured dangerous drugs, they can then be charged with a class two (2) felony. If the drug amounts are found to be "above threshold", then the person is not eligible for probation and prison is required. The Drug "threshold" amount, which requires a mandatory prison sentence, is: 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); four (4) grams or fifty (50) milliliters of PCP; or more than four (4) pounds (sometimes more than 2 pounds) of marijuana. If "below threshold", then a first offense can carry anywhere from probation with zero (0) days to one (1) year in jail; or prison of three (3) years to twelve and one half (12.5) years of incarceration. If "above threshold", the "prison only" range is three (3) years to twelve and one half (12.5) years of incarceration. If a person has one (1) allegeable historical prior felony conviction (regardless if the current case is "above" or "below" threshold), then the "prison only" range is four and one half (4.5) years to twenty-three and one quarter (23.25) years of incarceration. If the person has two (2) allegeable historical prior felony convictions, then the "prison only" range is ten and one half (10.5) years to thirty-five (35) years of incarceration.
The key to defending Possessing Manufacturing Equipment is demonstrating that you did not "knowingly" possess the equipment (i.e., "Lack of Knowledge"). In other words, if you live in a household with multiple roommates and you were unaware that your roommates were engaging in this type of activity, then this can be a defense to the charge. It will need to be shown that your fingerprints are not on the chemicals or the manufacturing equipment itself. These defenses also apply to Manufacturing of Dangerous Drugs (not just possessing the equipment). Even if a Defendant has knowledge that his roommates are engaging in this type of activity, as long as they do not knowingly participate and facilitate the illegal enterprise, then they are not guilty of Manufacturing Dangerous Drugs, nor are they guilty of Possessing the Manufacturing Equipment. This of course assumes that the equipment is not in their actual bedroom and it was located out in a garage area or other separate location.
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/
1-888-8CANTOR 480-858-0808
602-307-0808 623-877-8509
Calls are answered 24 hours a day
Broadway Road & 101 Freeway
2141 E. Broadway Road, Suite 220
Tempe, Arizona 85282
Not GuiltyComplete Acquittal |
04/03/09 |
Extreme DWI, DUI, and DWI |
Not GuiltyComplete Acquittal |
03/19/09 |
Felony Animal Cruelty |
Not GuiltyComplete Acquittal |
01/26/09 |
DUI and DWI |
Not GuiltyComplete Acquittal |
12/18/08 |
Extreme DWI, DUI, and DWI |
Not GuiltyComplete Acquittal |
09/16/08 |
Burglary, Possession of Burglary Tools, Criminal Damage |
Our most recent successes of more than 200 victories.
November 09, 2008
A dozen years ago, 3,000 drunken-driving prosecutions in Tucson…
