Need an Arizona Possession Lawyer? Contact the Law Offices of David Michael Cantor if you have been charged with Possession of Drug Paraphernalia.
Whether in the Phoenix area, or anywhere in Arizona, per ARS §13-3415 “Possession of Drug Paraphernalia” can be charged as either a class six (6) felony or as a class one (1) misdemeanor. 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 to 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 whom 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 Arizona Possession Lawyers 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 of the Possession of Drug Paraphernalia charge.
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 for this class six (6) felony 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 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 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 convictions, then a third offense felony would require anywhere from six (6) years to fifteen (15) years in prison.
Possible Defenses for Possession of Drug Paraphernalia
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” for Possession of Drug Paraphernalia, which may apply in any criminal case are numerous and diverse. One of 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 Attorney, but is denied and questioning continues. Other defenses may include challenging the validity of any search warrant, or whether there were any “forensic flaws” during the investigation of your case. Depending on what you have been charged with, 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®). Also David Michael Cantor is an Arizona Possession Lawyer and a Certified Criminal Law Specialist, per the Arizona Board of Legal Specialization. In addition, the Firm and all of its 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.
Contact The Law Offices of David Michael Cantor and speak to an Arizona Possession Lawyer. We will assist you with your Possession of Drug Paraphernalia case.
