Whether in the Phoenix area, or anywhere in Arizona, per ARS §13-3407 "Possession of Drugs or Transportation for Sale" does not specifically define what qualifies as possession or transportation for sale. Normally, the police will look to following factors: does the person have a large amount of money on their possession; were the drugs hidden or stored away in their vehicle or luggage; did the person possess numerous baggies or other items which could separate the drug into saleable packets; did the person have a scale; did undercover officers conduct hand-to-hand transactions for cash and things of this nature. One other automatic determination of whether a person was possessing drugs for sale is what is known as "above threshold". 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); four (4) grams or fifty (50) milliliters of PCP; or more than four (4) pounds (sometimes more than 2 pounds) of marijuana. A person who is found to be "above threshold" faces a mandatory minimum prison term, even on a first offense.
Possession of Drugs for Sale / Transportation for Sale, is a class two (2) felony under Arizona law. If "below threshold", then a first offense sentence can range 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", then prison is the only option - the sentence can range from three (3) years to twelve and one half (12.5) years in prison. 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 sentence can range from ten and one half (10.5) to thirty-five (35) years in prison.
The key to defending a charge regarding Possession or Transportation for Sale is demonstrating that the Defendant did not have "knowledge" of the drugs (i.e., "Lack of Knowledge"). For example, many times we see cases where an acquaintance, friend, or roommate asks the Defendant if they can drive their vehicle to a certain location (even across state lines). This is done without the Defendant's knowledge that there are drugs packed away in the trunk, in a false bottom gas tank, or some other area of the vehicle. We have also defended cases where a Defendant has had their suitcase packed / tampered with by a roommate who placed drugs inside it without the Defendant's knowledge. Other defenses include demonstrating that the drugs were not for sale, but were for personal use. Although presumptions are created regarding the "statutory threshold" these presumptions can still be "rebutted" by a Jury.
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.
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