Articles Posted in Drug Crimes

Published on:

bag of airIn a recent Arizona appellate case, the defendant appealed his conviction for the sale of methamphetamine, a class 2 felony under A.R.S. section 13-3407(A)(2), as well as possession of drug paraphernalia, a class 6 felony, and endangerment, a class 6 felony.

He argued that there was not enough evidence to convict him on the meth sale charge. Specifically, the police hadn’t found meth on him or inside his car, and his fingerprints weren’t found on plastic bags containing meth. The prosecution hadn’t presented any evidence showing that he possessed meth for sale. Ordinarily, this is evidence like cash, a scale, or a ledger.

The appellate court disagreed, explaining that the prosecution had presented quite a bit of evidence that he did possess meth and drug paraphernalia. The defendant had not stopped during a traffic stop, causing detectives to pursue him until he crashed. After crashing, he got out of the car and fled from the officers. One chased by foot, and the other chased by car. They witnessed him throw an object away like a baseball.

Continue reading →

Published on:

cannabisIn a recent appellate decision, an Arizona man appealed from a lower court’s ruling affirming DHS’ order that revoked his caregiver registration card under the Arizona Medical Marijuana Act, A.R.S. §§ 36-2801 through 2810 (“AMMA“). The reason for the revocation was that the man had committed an excluded felony offense back in 2005 and was not eligible to be a designated caregiver under the statute.

The case arose in 2005 when the man pled guilty to possessing cocaine for sale, which was a class 2 felony. His sentence was suspended, he was fined, and he was put on probation for five years. He completed probation and paid the fine, and he was discharged from probation in 2008.

However, after that, he tried to have his 2005 conviction set aside under A.R.S. § 13-907. These motions were denied, and he tried again in 2012. but the superior court denied the motions. He tried again in February 2012. In two months, the court granted the application and formally set aside the judgment. The order also restored his civil rights except the right to possess or carry a firearm.

Continue reading →

Published on:

drugsIn a recent Arizona appellate case, the court considered whether using multiple deadly weapons while committing a drug felony was a single offense, among other things. The case arose when an officer parked in the median of I-17 saw the defendant slow down as he passed him. The officer followed him and saw him hit the brakes for no reason and swerve across a white line. He pulled him over, and after hearing inconsistent statements from the defendant and his passenger, he asked for a drug canine unit.

The dog alerted, and two handguns, heroin, meth, and a used syringe were found. The defendant admitted he’d used heroin earlier and gave a urine sample of his own volition. The sample had metabolites of marijuana, meth, and heroin in it. He was indicted for multiple counts, including transportation of meth, a dangerous drug, and misconduct involving weapons. His passenger was also indicted.

The defendant was acquitted of certain offenses but found guilty of a DUI charge, transportation of a dangerous drug for sale, misconduct involving weapons, and other charges. The codefendant was also found guilty, and the fact that there was an accomplice was an aggravating factor. The defendant was sentenced to concurrent aggravated prison terms. The longest term imposed was 14 years. The defendant appealed.

Continue reading →

Published on:

DEA danger warnings; Arizona Laws, Facts, Trends, and Criminal Defense

Novak-Fentanyl-Blog-300x300The National Centers for Disease Control (CDC) reported this year that the USA is facing drug overdose deaths in epidemic proportions.

In the data collected by the CDC, it was concluded that overdoses increased 137 percent over the last decade.

Published on:

Medical Marijuana and PrescriptionsOn November 20, 2015, the Supreme Court of Arizona decided Dobson v. McClennen (P.3d, 2015 WL 7353847, Arizona Supreme Court 2015). The decision has important implications for individuals that use medical marijuana and might have THC or its metabolite in their system but drive at a time when they are not impaired. Jokingly called the “Driving While a Habitual User of Marijuana,” these prosecutions are no joke.

Although the responsible use of cannabis for medical purposes has largely been decriminalized in Arizona, prior to this decision the DUI laws effectively made it a crime to drive as a medical marijuana patient (even after the impairing effects faded and disappeared). In other words, using medical marijuana should not automatically be a DUI when there was no actual impairment at the time of driving.

The decision in Dobson v. McClennen didn’t make either side happy. The defense wanted a ruling that Medical Marijuana Patients were immune from the “per se” version of DUI under § 28–1381(A)(3). On the other hand, the prosecution wanted a ruling that a positive blood test meant an automatic “per se” DUI conviction under § 28–1381(A)(3). The Court rejected both positions and came up with a middle ground that leaves many of the complicated issues surrounding driving after consuming medical marijuana unresolved.

Published on:

Four defenses used to challenge flakka and other synthetic drug charges in Arizona; laws, penalties; and what you need to know about Flakka. 

pills-tablets-3-1524565Each day we are learning more about the deadly effects of the new street drug “flakka” – a drug described as being so dangerous, that even dealers and those suffering from drug addictions are afraid to use it.

The DEA reported an alarming 780 percent increase in cases over the last three years, largely due to its affordability and accessibility.

Published on:

How to identify signs and symptoms of use and abuse; New National CDC statistics; Narcan lifesaving drug legislation; Arizona heroin laws, penalties, and criminal defense.

Tragedy Strikes Home: “This Drug Wants to Kill You”

Heroin-optimized 23-year-old suspect stood before a district court judge after his first arrest the night before, on heroin possession charges.

Published on:

Ongoing Efforts by States and Federal Officials to ban synthetic drugs; Trends; Dangers of synthetic drugs; Arizona imitation drug laws, penalties and consequences.

Syntethic Drug Crimes Phoenix AZ

“Molly” isn’t the new kid on the block. She’s been reigning terror on high school, college campuses, nightclubs, concerts, streets and the social scene for decades.  “Molly” is simply “Ecstasy” in disguise and more dangerous.  She can be deadly even in her purest form.  But with the age of new synthetic drugs and their combinations, she has become more lethal than ever before.

Recently, we learned of 11 people that required hospitalization at a Northwest college for an overdose of synthetic drug “Molly,” a more refined version of MDMA (3,4-methylenedioxy-methamphetamine).

So far there have been four arrests of other students on campus, for synthetic drug possession and intent to sell, by police as authorities attempt to find the source of the drugs in this incident.

The hospitalizations and medical incidents resulting from use of “Molly” were reportedly not first of their kind this year. Health officials reported last fall, a campus-wide email was sent to students alerting them that other students had recently been hospitalized as a result of synthetic drug use.

Article Overview

In this article we will discuss important topics related to imitation drugs; their dangers, drugs; state and federal efforts to ban synthetic drugs; trends; other injuries caused as a result of their use; and Arizona synthetic drug laws, penalties, and other consequences.

One such consequence is the need for criminal defense. A majority of this article has been dedicated to raising awareness, providing education and resources particularly with regard to the deadly health dangers of “Molly”, “bath salts”, imitation Marijuana and other synthetic drugs. In addition to the health dangers of synthetic drugs, is the high risk of criminal liability that exists as a result of using them. Continue reading →

Published on:

A Comprehensive Overview: Arizona Marijuana laws, Mandatory Minimum Drug Sentencing, and Impacts on Society. 

Marijuana LawsDrug Conviction Results in Sentencing Typically Reserved for Murder

John was accused of a first-time, non-violent drug offense.  He had no prior criminal record, no evidence of drug abuse, and no prior drug convictions.

Published on:

“Patient-to-patient sales and transfers were never intended under the law.  Why it’s no longer being prosecuted”.   

Medical MarijuanaOn-Line Marijuana Purchase Turns Deadly

Recently in Arizona, an incident involving an online Medical Marijuana sale went tragically wrong, and resulted in a shooting death. A 19 year old man answered a Craigslist advertisement from a seller, age 54.  The parties arranged for a meeting to conduct the transaction.