Whether in the Phoenix area, or anywhere in Arizona, per A.R.S. §13-3405 "Possession or Use of Marijuana" is normally defined as possessing less than the "threshold" amount (i.e., less than two (2) pounds of marijuana). This is normally charged as a class six (6) felony. However, under Proposition 200 (i.e. "Prop 200") even if convicted of a class six (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 a "TASC" resolution.
TASC is an Adult Deferred Prosecution Program which takes three to six (3-6) months to complete. It will involve one (1) random urine test per month; one (1) three-hour drug and alcohol abuse education seminar held on a Saturday; and fees of anywhere from $300-$700. 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 attorneys 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 completed, 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. This means you could now be sentenced to anywhere from probation with zero (0) days in jail to one (1) year in jail; or four (4) months in prison to two (2) years of incarceration.
If a person possesses from two to four (2-4) pounds of marijuana and the drug is for personal use and is not for sale, then this under Arizona law this is a class five (5) felony which carries mandatory prison from six (6) months to two and one half (2.5) years of incarceration. If the Defendant has one (1) allegeable historical prior felony conviction, then a second offense felony would require prison of anywhere from one (1) year to three and three quarters (3.75) years of incarceration. If the Defendant has two (2) allegeable historical prior felony convictions, then a third offense felony would require prison anywhere from three (3) years to seven and one half (7.5) years of incarceration.
If a person possesses more than four (4) pounds of marijuana, and it is only for personal use (i.e. not for sale), then Arizona law defines this as a class four (4) felony. A first offense of this nature carries mandatory prison of anywhere from one (1) year to three and three quarters (3.75) years incarceration. If the Defendant has one (1) allegeable historical prior conviction, then a second offense felony would require two and one quarter (2.25) years to seven and one half (7.5) years in prison. If the Defendant has two (2) allegeable historical prior felony convictions, then a third offense felony would require anywhere from six (6) years to fifteen (15) years in prison.
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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