“There may be justifiable defenses for even the most serious of drug possession charges. But the most effective way to utilize even the strongest of defenses, is to retain an experienced criminal defense attorney to argue them on your behalf.”
Gilbert Drug Charges
A large number of drug possession charges in Gilbert AZ are classified as felonies. Depending on the nature of the charges, you could face harsh penalties. If the quantity if an illegal drug exceeds statutory Threshold Amounts for the drugs found in your possession, you will be exposed to mandatory prison sentencing. Defendants accused of possessing large quantities of illegal drugs are usually charged with “possession with intent to sell” or “illegal drug sales”. In either situation, your freedom and future are in jeopardy. If retained, a good criminal defense lawyer, will be able to evaluate your case and find viable defense that can be used to challenge your charges.
Defense for Drug Possession Charges
With even the most serious drug charges, a good criminal defense lawyer in Gilbert, may be able to find justifiable defenses that can lead to a favorable resolution of your case. Every case holds its own set of unique circumstances. Your attorney’s defenses strategy will be tailored and presented based on your particular set of facts. The defenses used will be different based on those circumstances.
Here are some examples of areas that may be challenged and defenses that may be used to defend drug possession charges:
- Insufficient or lack of evidence;
- Police procedures violated (during investigation or arrest);
- Illegal Search and Seizure;
- No “probable cause” for arrest;
- Evidence was mishandled by police or other law enforcement officials;
- Quantity possessed was low for use only;
- Failure to prove that amount possessed exceeded “Threshold Amount” for that drug;
- Entrapment;
- Wrong person charged or arrested;
- Illegal drugs or substances were not yours;
- You did not have knowledge that the drugs were in your possession;
- The drugs were found in a residence shared with others that had common living space;
- Someone borrowed your vehicle, and left drugs in the back seat that you did not know were left there;
- You qualify for a drug diversion program (Arizona TASC) as an alternative to incarceration due to first time offense; low quantity of illegal drugs involved; no prior criminal record;
- “Speedy Trial Rights” violations;
- Expiration of statutory time limits for which drug charges can be brought;
- Other violations of Arizona Rules of Criminal Procedure;
- Other constitutional rights violations
Gilbert Criminal Defense Lawyer for Drug Charges
If you were arrested for any for a misdmeanor or felony offense, you should consult a drug defense lawyer in Gilbert as soon as possible. If retained, your attorney will defend your charges; assure your rights are protected; and make every effort to get you the best outcome in your case. Your chances of getting a favorable outcome increase with early retention of a qualified and experienced criminal defense attorney.
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Law Office of James Novak
4500 S. Lakeshore Drive
Tempe AZ 85282
(480) 413-1499