What Are the Penalties for Drug Possession in Arizona?

Published on: 22 November 2018 Last Updated on: 19 July 2019
Drug Possession

With the opioid epidemic at an all-time high, law enforcement agencies are cracking down on drug possession offenses all over the country. Arizona is no different. In Arizona, if you are caught with drugs on your person or in your car, you can expect to face some serious legal repercussions. This also applies to anyone caught with drug paraphernalia in their possession. Depending on the type and amount drug, you could be facing some serious fines and jail time.

Arizona takes drug possession very seriously. The bottom line is if you are caught under the influence of drugs or with drugs in your possession, you will probably be charged with a felony. In order to be found guilty of drug possession in Arizona, the state must prove the following:

  • You knowingly possess the drugs or paraphernalia- It’s not enough that you are found in a house where drugs are found. There has to be some connection between you and the drugs in order for you to be found guilty.
  • The substance was, in fact, an illegal or illicit drug – Just because you think something is a drug, doesn’t mean you’ll be convicted of the crime of possession. If you have a bag of oregano, you can’t get charged with possession of marijuana – even if you bought it thinking it was marijuana.

Arizona also breaks drugs down into different categories. Drugs can be defined as any of the following:

  • Marijuana – This category includes synthetic marijuana, edibles, or regular marijuana.
  • Peyote
  • Prescription drugs – This would include anti-anxiety drugs and other drugs that are legally prescribed. To be charged with drug possession, you would have to be found with drugs that you personally don’t have a prescription for.
  • Dangerous drugs –this would include methamphetamines, cocaine, ecstasy, etc.
  • Narcotics – Pain medication and other opiates.
  • Vapors – This would include inhalants.

What are the Different Penalties for Drug Possession?

If you are busted with drugs in Arizona, you are going to face some serious consequences. The severity of the penalty will depend on how much of the drug you have in your possession. If you have just enough for personal use, it will more than likely qualify as simple possession. If, however, you have more than you could be expect to use yourself, you’ll be charged with possession and intent to distribute.

In Arizona, you will not be sent to prison for your first or second offense of drug possession. You will be sent to mandatory treatment and will be handed some pretty stiff fines. Additionally, you may be given a suspended sentence or probation for your first or second offense. Arizona will not impose a prison sentence until your third offense.

Defenses to Drug Possession:

As with most crimes, there are defenses to drug possession in Arizona. Your criminal defense attorney will raise any and all of the applicable defenses in your trial. He will also use these defenses as a bargaining tool when he tries to negotiate a reduced charge or sentence with the prosecutor. The available defenses to drug possession in Arizona include:

  • Lack of Knowledge – If you truly had no idea the drugs were in your possession, you may be found not guilty. Examples of this are when third parties placed drugs in your car or purse. It is very difficult to prove lack of knowledge.
  • Illegal Search – If the police had no reasonable basis for conducting the search in the first place, the charges will have to be dismissed.
  • Religious Use – This defense is rarely successful. In order to use this defense, you have to prove that you were using the drugs as part of a religious (not merely a cultural) ritual.

Medical Marijuana Card – If you are caught with less than 2.5 ounces of marijuana and are a legitimate marijuana patient, you may raise this defense. You will still have to prove that the drugs came from a genuine and legal dispensary.

Read Also:

Content Rally wrapped around an online publication where you can publish your own intellectuals. It is a publishing platform designed to make great stories by content creators. This is your era, your place to be online. So come forward share your views, thoughts and ideas via Content Rally.

View all posts

Leave a Reply

Your email address will not be published. Required fields are marked *

Related

Criminal Appeals Law

The Basics of Criminal Appeals Law

In this article, we want to quickly look at the subject of criminal appeal and the laws that govern it. We are not approaching it like a law school course addressed at lawyers but as a general informative content meant for those who may not be so knowledgeable in legal matters. Hopefully, the information we will share here however basic will help you get a better understanding of this process of criminal appeal and how you can take advantage of it should you be in a position where such an action becomes necessary. The Basics of Criminal Appeals Law: An Overview: A criminal appeal is a process where an individual who has been tried by a court of competent jurisdiction and convicted for a crime decides to seek the intervention of a higher court. The purpose of this intervention could be to seek an overturn of the conviction reached by the lower court based on a few points that we will look at later. It could also be to seek a reduction in the sentencing delivered upon conviction. In either case, the defendant is turning to a higher court so that s/he can get a more favorable outcome in the form of an acquittal or a sentence reduction. When an appeal is filed, the higher court will go through the process that the lower court went through to reach its verdict. This means that there shall be no testimonies or submissions of fresh evidence. The decision of the higher court will be based solely on the recordings of the concluded court proceedings. It is from this recorded process that the appealing counsel will point out the grounds of their appeal and it is also from these recorded proceedings that the higher court will reach its decision. It is important to understand that it is common to find the higher courts in the U.S naturally favoring the decisions of the lower court. It will take some very clear infractions or errors to cause a higher court to overturn the judgment of the lower court. Grounds on Which an Appeal Can be Made: We mentioned above that an appeal has to be based on certain grounds. We will now look at a few of these grounds upon which a criminal appeal can be filed. An appeal can be file if any of the following happened during the trial at the lower court: There is a clear error in the interpretation of the law. The verdict given is not backed up by clear evidence. The ruling of the lower court bothered on abuse of its discretion. The defendant claims that his/her representation was inadequate. Any of the points above are grounds upon which an appeal can be filed. You should, however, understand that the appellate court must find evidence in the proceedings of the trial as shown by your attorney in your appeal filing that supports your claim. If the higher court does not find enough evidence supporting your claim, it will be thrown out. What You Should Do: If you have just gone through a criminal trial and you were not happy with the outcome because you felt the process was somehow flawed, you could ask your lawyer what your chances will be if you were to take it to a higher court. We understand that it is likely that your attorney is the reason why the outcome of the trial was the way it is. If this is the case, then having such an attorney handle your appeal will not be a very smart move. You’ve already made the mistake of choosing an attorney who could not properly represent your interest in court, do not make the mistake of having the same attorney contest this outcome in a higher court for you. You can find a lawyer here with the experience to look through the records of your case and give you a candid opinion. There’s no point in spending time and money contesting a case that is certainly not going to go your way no matter where you take it. What you need is a correct assessment of your chances. If it is seen that there are indeed solid grounds on which an appeal can be filed, you should engage the services of Criminal Appeals Toronto attorney with the required expertise, who knows exactly how to prepare your case to give you the best chance of getting a better verdict. Bonus knowledge: Check out our blog regarding Criminal Law Enforcement Read Also: Keys To Become A Successful Lawyer 3 Reasons Why You Might Need A Family Lawyer Three Practical Tips And Techniques For New Trial Lawyers

READ MOREDetails
Common Car Accident Types Where A Lawyer Is Essential

From Collision To Compensation: Common Car Accident Types Where A Lawyer Is Essential

Car accidents are an unfortunate reality of modern transportation, with data revealing startling statistics that highlight the prevalence of these incidents on our roads. In the United States, for instance, there are millions of car accidents each year, leading to a high number of injuries and fatalities. These numbers emphasize the importance of safety measures and preparedness should one find themselves involved in an auto accident. Amid the chaos following an accident, victims often face not only physical and emotional trauma but also complex legal and financial challenges. This is where the expertise of a car accident lawyer becomes indispensable. Securing fair compensation after an accident is not merely about filing insurance claims; it's about grasping the complexities of liability, negotiating with insurance companies, and, if necessary, pursuing legal action to ensure justice is served. A seasoned lawyer can steer through the maze of legal procedures to protect your rights effectively. As we proceed, we'll explore the five common types of car accidents where the counsel and advocacy of a knowledgeable lawyer are not just an advantage but a necessity for those seeking rightful recompense. Through their intervention, victims can hope to recover losses and focus on healing without the added burden of legal battles. #1 Rear-End Collisions: The Complexity Behind A Common Incident Despite their frequency on the road, rear-end collisions are anything but straightforward. They typically occur when the front end of one vehicle crashes into the back of another. This can happen for a variety of reasons ranging from sudden stops, and distracted driving to tailgating, or even slippery road conditions. The resulting injuries can range from minor whiplash to long-term spinal damage, depending on the severity of the impact. Establishing fault in these accidents often involves understanding the subtleties of traffic laws and driver duty of care, with most presumptions placing the blame on the trailing driver for not maintaining a proper distance or not paying attention. However, every case has unique factors that can complicate this assumption, such as if the lead driver performed an unpredictable maneuver or if there were malfunctions with one of the vehicles' brake lights. When seeking compensation, legal acumen becomes vital to managing the process of determining fault, especially when insurance companies are involved and injuries are serious enough to warrant a substantial claim. #2 T-Bone Accidents at Intersections: Sorting Through Liability T-bone accidents, often occurring at intersections, are severe collisions where the front of one vehicle crashes directly into the side of another, resembling the shape of a “T”. These crashes can lead to significant injuries and vehicle damage, making them among the most dangerous types of road incidents. Determining who is at fault in a T-bone accident can be complex, as it typically involves a scenario where one driver has failed to yield the right of way, possibly due to running a red light or stop sign or being distracted. Proving liability requires a close investigation and a clear understanding of traffic laws. In such cases, a lawyer becomes a key ally, possessing the expertise to sort out these challenges. They play a vital role in collecting evidence such as traffic camera footage, witness statements, and vehicle damage reports. What’s more, they bring experience in negotiating with insurance companies to ensure victims receive fair compensation for their losses. #3 Multi-Vehicle Pile-Ups: Untangling The Web Of Responsibility When several vehicles are involved in an accident, the result is not just physical wreckage but also a puzzle of accountability. Multi-vehicle pile-ups embody chaos on the roads, with each collision triggering another until a snarl of metal and motion brings travelers to a devastating halt. These massive accidents can make it incredibly challenging to discern the actions leading up to the commotion and to pinpoint the responsibilities of each driver involved. With numerous parties, each with their own perspective and different auto insurance policies, the situation often becomes remarkably complex. Given the multitude of potentially liable parties and the interrelated sequence of events that led to the accident, it is nearly impossible for an individual to manage the aftermath alone. This is why securing a legal expert is not just advisable but necessary. A skilled attorney can dissect the detailed aspects of the multi-car pile-up, coordinating effectively with several insurance companies to ensure that the burden of responsibility is assigned accurately and that justice is served in the knotted aftermath of such harrowing events. Read Also: Car Accidents in California- What Does the Law Say? #4 Hit-And-Run Incidents: Tracking Down The Culprit Hit-and-run accidents add a profound layer of complexity and distress to already traumatic situations. When a driver flees the scene of an accident, they leave behind not only physical damage and potential injuries but also a web of unanswered questions. To disentangle this web, a detailed investigative process springs into action. Authorities begin by gathering all available clues from the scene - think skid marks, vehicle parts, and eyewitness accounts. Law enforcement may also call upon surveillance footage or traffic camera data to piece together the fleeting moments before and after the incident. Amidst the investigation, those affected by hit-and-runs can find solace in legal support. An experienced lawyer becomes invaluable in such cases, providing guidance and advocacy. These professionals are adept at understanding the subtleties of the law and can be key in securing due compensation. They work tirelessly to uncover the identity of the hit-and-run driver and utilize uninsured motorist policies to ensure that victims receive coverage for their losses. The path to justice can be winding and uncertain, but with a combination of thorough investigation and skilled legal representation, the chances of holding the culprit accountable increase greatly. #5 Drunk Driving Crashes: Advocating For Justice And Compensation The traumatic impact of collisions caused by inebriated drivers cannot be understated. These accidents come with severe repercussions, not just physically and emotionally, but also in terms of the legal consequences that accompany them. Drunk driving, universally condemned and vigorously prosecuted, often results in punitive damages—a kind of legal retribution that goes beyond compensatory measures, aiming to punish the offender and deter future misconduct. Nevertheless, deconstructing the legal challenges surrounding such sensitive cases calls for a strategic approach that an experienced attorney can provide. Skilled lawyers play an important role in ensuring that justice is served by effectively advocating on behalf of victims and their families. They tirelessly work to secure fair compensation, addressing the profound losses incurred while maneuvering through the legal framework. In these trying times, an attorney doesn't just serve as legal representation, but also as a steadfast pillar of support in the pursuit of justice and rightful compensation for those affected by the negligent acts of others. In the aftermath of a car accident, the importance of having legal expertise cannot be overemphasized. Dealing with the complications that arise can be overwhelming, particularly when it comes to managing insurance claims, potential litigation, and securing fair compensation for injuries and damages. Individuals need to consider the extensive benefits that consulting a car accident lawyer can bring to their case. These professionals offer more than just legal advice; they provide a shield against the tactics of insurance companies and the legal mazes that can baffle anyone without a law degree. A car accident lawyer works to ensure that your best interests are represented, aiming for optimal outcomes that might not be achievable without their specialized knowledge and experience. Additional: Steps To Follow After A Car Accident Steps to Filing a Car Accident Claim in Waukegan Philadelphia Residents: How A Car Accident Lawyer Can Help You?

READ MOREDetails
Injury Lawyers

9 Money Tips For Millennial Injury Lawyers in Los Angeles

While millennial lawyers are increasingly becoming the dominant force in the legal profession, it’s also important to start their financial life on the right foot. In some cases, it’s just normal to assume that young lawyers have to worry about money. With a significant and growing percentage of lawyers today, they may find it tougher to maintain their earning capacity while becoming successful in the legal industry. Also, they often struggle when it comes to managing their own finances. So if you’re a freshly-minted millennial injury lawyer in Los Angeles, here are 9 money tips you should consider from the very beginning. 1. Re-examine your student loans After taking the bar examinations, your student loans aren’t going anywhere. Depending on how much you earn as an injury lawyer, it’s also better to get on top of your student loans as early as possible. Instead of suffering, find out whether you qualify for easier repayment plans. This way, you’ll not end up spending a lot of money on long-term student loans. If your personal circumstances have changed significantly, re-assessing your pay-down strategy will be a very good option to consider. 2. Settle any credit card debt immediately Whether you get yourself a loan while studying for the bar, credit card debts shouldn’t be kept around for so long. As a millennial injury lawyer, paying off any of your credit card debt should be a top priority as soon as you have the means to do so. By doing it, you’ll be able to stay on top of your finances while making a name in the legal profession. 3. Start saving as much as you can Regardless of the amount, putting some money aside will always be beneficial. Besides, saving is something you’ll eventually do as you grow old. With the kind of finances you may have as a millennial injury lawyer, it’s perfect to start keeping some money on your bank accounts. You’ll never know when you’re going to need your savings for emergency purposes. Even if it’s just a little bit, you may still need extra money to cover some unexpected expenses later on. 4. Identify your goals As soon as you finish taking the bar exams, you’ll eventually have to think about your next move. Even if you haven’t practiced law long enough, it’s best to start thinking about your goals and your future. You need to realistically assess the next few years of your career. Besides, you have the education and means to do what’s important to you. On top of your career decisions, you should first determine whether you want to start your own law firm or work for someone else. By knowing your career goals beforehand, you’ll also be able to plan your financial resources efficiently. But if you choose to work for other law firms, you should know how to negotiate your salary. Perhaps, you possess the necessary legal knowledge and skills, hence you get paid for them. 5. Choose your material pleasures wisely With your first job as an injury lawyer, rewarding yourself for the hard work can be a fulfilling thing to do. While you shouldn’t deny yourself all material pleasures you can get, it’s important to only choose something that makes you happy. Moreover, don’t get easily overwhelmed by all the materials things around you as it may lead to an uncontrollable urge to spree. Perhaps, you can anchor your reward based on the available budget you have at the moment. Doing so will not be financially draining on your end. 6. Plan your retirement savings properly Once you finish law school and land your first job as a millennial injury law, planning out your retirement savings early will go a long way. If possible, max out your retirement funds for your future use. Put a considerable percentage of your salary into a retirement account and then slowly escalate that percentage. By doing it, you can retire in a financially stable manner. 7. Set an emergency fund In addition to your savings and retirement account, having an emergency fund can certainly be helpful. For some reason, living in Los Angeles can be very difficult. Even if you have money in your pocket, it will still be insufficient when emergency situations arise. Thus, it’s worth the time, money, and energy to establish emergency savings with at least a few months’ worths of expenses. 8. Keep your money separate from your partner until marriage Ideally, millennial lawyers should be well informed when it comes to relationship and marital issues. For your financial security, you should be well aware of the dangers of mixing your bank accounts from that of your romantic partner at least until marriage. But with today’s generation, you may commit these mistakes that may also end up hurting you financially. As a promising millennial injury lawyer, you can protect yourself by keeping your finances separate until you have the proper legal protections of marriage. 9. Enhance your earning capability If you want a financially healthy career as a lawyer, it’s wise to make every effort to boost your earning capabilities. Perhaps, you can do it by managing client relationships. Remember, the advantage of having a good client relationship is the increased likelihood of repeated business as well as high income. In Conclusion Generally speaking, lawyering is a lucrative profession nowadays. Whether you’re accused of a crime or you’re persecuted by someone else, injury lawyers are always there to protect your rights and freedom. However, being a law office like a brain injury attorney Los Angeles doesn’t mean you have to take your finances for granted. Rather, it can be the best time to make and save more money for your future. Thus if you want to get the most out of your earnings, simply take these tips into consideration and enjoy the financial benefits later on. Read Also :  Choosing & Relying Upon The Best Personal Injury Lawyers 6 Important Questions To Ask A Personal Injury Lawyer

READ MOREDetails