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Arizona Heroin Drug Crimes: Trends, Laws, Penalties, and Rehabilitation

Heroin: Fighting the Epidemic and Clearing its Path of Destruction – Part 2 of 2

After a fatal drug overdose, moments count. Call #911 first. Get emergency treatment. If you are arrested, or Criminal Charges are brought, they can be defended by an experienced drug defense attorney. But you only get once chance to save a life.

Twenty-year-old Stephen Cardiges of Lawrenceville, GA was a week from celebrating his 21st birthday. He was an Eagle Scout, excited about his plans to join the US Navy after turning 21.  Stephan slipped into unconsciousness in the back of a Honda Civic, from a Heroin overdose, while his friends drove around town. His companions knew he was unconscious but didn’t want to call #911 or seeking help for him. Why? The reason was, they feared arrested for possession and use of Heroin. Perhaps they thought he would wake up on his own. Nonetheless, after a while, Stephen’s friends allegedly left Stephen there unconscious, in the back of the parked vehicle while they went their separate ways.

An observant officer noticed the youth in the Honda Civic parked in a driveway, with no one else in it, but Stephan. The observant officer approached the vehicle concerned that the youth was having a medical emergency. The officer immediately noticed the Heroin paraphernalia next to Stephen. The officer called for Emergency Paramedics and in the meantime tried to revive him. But it was too late. Stephan had already slipped into a coma. He was pronounced dead at the East Side Medical Center, which was a mere 2 miles away.

Would Stephen be alive today if someone had called #911 or taken him to the Emergency room for medical attention? With the proper medical care, I strongly suspect Stephan would have survived.

The Upward Trend in Heroin Use in the USA

The National Institute for Drug Abuse (NIDA) reports alarming statistics and trends in heroin.

Over 4.2 million people in the USA, in those among the ages of 12 or older, admitted to using heroin at least once. Of those, it is estimated that nearly 25% of those became addicted to it. In 2012, drug overdoses was the number 1 cause of deaths, exceeding motor vehicle accidents in 17 states in the USA.

In the last 7 years, use has been driven sharply upward, especially in young adults, ages 18 through 25. In 2012, a research study by nearly 670,000 Americans reported using it. Of those, ages 12 and over have doubled during that time. It’s been identified throughout the USA as being the most important drug issue plaguing out country, thus being called an epidemic by the NIDA Community Epidemiology Work Group (CEWG).  he US Government, other national, and local agencies, including law enforcement agencies, the medical community, and parents seek desperately, for solutions toward prevention, intervention, and treatment.

More Police to Carry “Miracle Drug” for Emergency Fatal Overdose Treatment

Many drug overdose deaths, including heroin overdose fatalities are preventable. They may have been prevented, if victims, friends or family were not afraid of arrest or prosecution.

In our part 1 of 2 segment on this topic, we discussed the fact that the FDA recently approved a life- saving injection “Evizo”, that can be administered by trained first responders such as police officers, family, or other health care professionals. The injection contains the drug “Narcan” (Brand name) or Naloxone (Generic), which has proven effective in reversing a fatal overdose of heroin or other opioid in a patient. It is known to actually revive patients who would otherwise have not survived. This treatment is only temporary and immediate for use to revive the patient until specialized medical treatment can be administered. Also, it has not been effective in reversing other potentially fatal overdoes such as those on cocaine or other methamphetamines, for which other life-saving drugs exist. Nonetheless, it is being called a miracle drug for opioid overdoses. The key to its effectiveness is immediate use, as soon as possible following the over dose.

#911 Good Samarian Laws: Immunity for Seeking Overdose Help

A minority of states have what are known as #911 Good Samaritan Laws. If these are in place, and if people in those states were aware of them, they may be more inclined to seek emergency medical assistance for an overdose.

These Good Samaritan laws are intended to provide a certain amount of immunity from arrest and prosecution for themselves, when they seek emergency medical treatment for overdoses or call #911. But currently, just a handful of states have them. They exist in only 18 states including Alaska, California, Colorado, Connecticut, Delaware, Florida, Illinois, Maryland, Massachusetts, New Jersey, New Mexico, New York, North Carolina, Oklahoma, Rhode Island, Vermont and Washington. This leaves 65% of the country without #911 criminal immunity laws for witnesses, or overdose victim to call for help.

Drug Good Samaritan #911 Laws vary by state, with regard to provisions and immunities to arrest or criminal charges. But most states extend immunity laws narrowly to drug possession and use crimes, and do not suppress evidence for other more serious charges such as sales, manufacturing, and distribution crimes.

Arizona does not Good Samaritan Laws such as this in place. This presents a great concern, in light of the fact that it is recognized as a 6th highest state in the country for heroin  overdose fatalities according to the National Institute on Drug Abuse..

People often to call #911 or seek medical treatment for fear of arrest or prosecution since the use or possession was in violation of Arizona State Drug Laws. And currently there is no protection for those seeking emergency help for themselves or others in absence of these Good Samaritan Overdose laws. This decision, not to seek help, has unfortunately led to preventable fatalities.

It is recognized my many, that the state needs to adopt more of the 10 strategies for states with similarly high drug overdose fatality rates recommended b Trust for America’s Health. Thus far, only 4 of the 10 known strategies were adopted, and did not include immunity laws from arrest or prosecution by a person, or others seeking emergency medical treatment for overdoses.

Heroin Crimes, Laws, Classifications, Penalties  

Heroin is an Opiate and is classified as a Narcotic. It is also considered “Controlled Substances” under Arizona Laws and classified as a Schedule I drug. Offenses are prosecuted pursuant to Arizona’s Narcotic Drug Laws.

With regard to Narcotic violations, a person may be found guilty under A.R.S. 13-3408 of Arizona drug law, if they “knowingly”:

  • Possess or use a narcotic drug; (Class 4 Felony)
  • Possess equipment or chemicals for manufacturing narcotic drugs (Class 3 Felony)
  • Obtain a narcotic drug through use of a fraudulent prescription, deceit, or misrepresentation (Class 3 Felony)
  • Possess narcotics with intent to sell; (Class 2 Felony)
  • Manufacture narcotics (Class 2 Felony)
  • Administer a narcotic drug to another person (Class 2 Felony)
  • Transport for sale, import into this state, offer to transport for sale or import into this state, sell, transfer or offer to sell or transfer a narcotic drug (Class 2 felony)

Narcotics violations in Arizona carry some of the toughest penalties of all illegal drug crimes. Narcotics charges are all classified as felonies. This exposes a person to prison sentencing, and steep fines, along with other harsh punishments in Arizona. Fines for felonies in Arizona can reach up to $150,000.00 per person, per charge; or $1,000,000.00 million per charge, per enterprise.

Arizona’s Statutory “Threshold Amount” under A.R.S. 13 – 3401.36 is one gram. The Threshold Amount refers to the market value, weight or measurement of a particular drug or substance as it relates to criminal drug laws.

Sentencing for convictions involving an amount of controlled substances that are under the statutory “Threshold Amount” may range from 3 years mitigated sentencing to 12.5 for aggravated sentencing for Class 2 felony charges.

Arizona punishments are harsh for repeat offenses, especially if they involve amounts that equal or exceed the “Threshold Amounts” for the given drugs. Sentencing is increased for these convictions can range from 10 to 12 years for maximum non-aggravated offenses; and 12.5 to 15 years for aggravated Class 2 felonies.

If a person is convicted of amounts that equal or exceed the Threshold Amount, more stringent penalties apply. They will not be eligible for sentence suspension, probation, pardon or release from prison until they have served the prison term ordered by the court. The exception to this earned credits, restoration or commutation pursuant to A.R.S.41-1604.07.  

Probation is required for those convicted of use or possession of a controlled substance or drug paraphernalia. Participation in a substance abuse education or treatment program is also a required condition of probation for simple possession/use charges. Second offense possession or use penalties may require incarceration as a term of probation.

Drug Treatment Program Alternatives to Reduce or Avoid Incarceration in Arizona

Your criminal defense attorney will work with you, and the court system to determine if you qualify to participate in an educational drug counseling or treatment program in turn for a waiver of incarceration or mitigation of time for which a person is sentenced to incarceration. Certain criteria must be met to qualify, and a defendant must be invited to participate in the program by the prosecution and the courts. They are designed to provide the defendant with the medical counseling or treatment needed, and incentives to help reduce the person’s dependency on illicit drugs, so that they can avoid repeat offenses, and become healthy and constructive in society.

Successful Completion of the program can also lead to a reduction in charges for example, reducing a felony to a misdemeanor to avoid prison terms. If an inmate is incarcerated for drug crimes, they may be offered the option of participating in a substance abuse program voluntarily. If completed successfully, they may earn credits that can be applied to early release due to reform and rehabilitation program guidelines in place.

These programs may also be used as a conditional requirement during parole, or probation, following a term of incarceration. Failing to complete the program would institute the original jail or prison time to the longer term.

Recent legislation as has been introduced with similar provisions and incentives at the Federal Level to reduce prison overcrowding, the costs of incarceration, and the reduction of repeat offenses.

Criminal Defenses for Heroin or Opioid Charges

If you, a loved one, or someone you know experiences a life threatening overdose due to heroin or other opioid, you should call #911 and seek emergency medical attention immediately. Following a potentially fatal drug overdose, moments count. Get emergency medical treatment to save a life. Criminal Charges can later be defended with good legal representation.

If you are subsequently charged or arrested of any heroin or opioid crime, you should consult an experienced drug defense attorney who will defend your charges and protect your rights. James Novak, of the Law Office of James Novak, is an experienced criminal defense trial attorney, who defends drug charges on a regular basis, and provides a strong defense.

James Novak, Attorney at Law, is a former Maricopa County Prosecutor. He has extensive training, and litigation experience defending Heroin Drug Charges, and will fight for your freedom and future.   The Law Office of James Novak, PLLC serves Tempe, Mesa, Chandler, Phoenix, Gilbert, and Scottsdale AZ. If you have been arrested or charged in these cities, call today for a confidential free consultation. James Novak, criminal defense attorney will discuss you matter with you or a loved one you have designated to speak on your behalf. He will provide information regarding the criminal justice process, and your defense options.

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