Drug Crimes

Published on: November 9, 2012

Maricopa County Prosecutors to Receive Specialized Training for Prosecution of Drug DUI Charges

The Maricopa County Attorney’s office recently issued a press release about Maricopa County Prosecutors preparing to receive some of the most advance training available, to enhance prosecution of drug impaired drivers.

Drug DUI charges now constitute almost half of DUI charges. It is also reported that drug impaired drivers make up about 50% of all drivers involved in fatal crashes and serious motor vehicle accidents.

The officers will be sent for a week long course taught by internationally recognized experts in a variety of fields related to Drug effects and DUI impairments. Subjects will include:

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Published on: September 22, 2012

Marijuana DUI in Tempe, AZ: Establishing Driver Impairment

By James E. Novak, P.L.L.C.

In Arizona, a motorist may be charged with Marijuana DUI, if they are under the influence of Marijuana, and they are driving “impaired to the slightest degree” A.R.S. 28 § 1381.

The burden of proof rests with prosecution to “prove beyond a reasonable doubt” that a person was actually driving impaired due to Marijuana found in their bloodstream.

Marijuana can actually remain in the blood stream for days and even weeks depending on how much was inhaled or ingested, and the frequency of use. In some cases, traces of Marijuana can be found after a month of use has passed.

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Published on: September 17, 2012

Marijuana Possession: How Police Decide to Make an Arrest for Possession with Intent to Sell in Arizona

By James E. Novak, P.L.L.C.

In Arizona, one primary factor for charging a suspect with possession of Marijuana with intent to sell is the quantity of a drug found in a person’s possession. In order to prosecute these charges there must be some additional evidence presented to support the charge. Examples may include proof beyond a reasonable doubt that you were intending to exchange something for the drugs such as cash, weapons, or other illegal drugs.

It could also include evidence of paraphernalia in close proximity to the drugs such as scales, ledgers, text or telephone records; baggies and other evidence that suggest the Marijuana was in a person’s possession for sale or intent to sell. Sometimes, co-defendant’s testimony in the same case or a different case leads to finding, arresting and prosecuting suspects for possession with intent to sell.

Classifications for Marijuana for sale or intent to sell

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Published on: September 7, 2012

Commonly Used Marijuana Possession Defenses in Arizona

By James E. Novak, P.L.L.C.

Arizona’s Marijuana Possession Laws

In Arizona person may be arrested for Marijuana Possession under ARS § 13-3405. In order to prosecute these charges, the state must prove “beyond a reasonable doubt” the possessor knew or had reason to know, that the Marijuana was in their possession. If the person knowingly possessed the Marijuana, they may be charged with Felony. The severity of the charges and punishment depend on the following:

Nature of the charges;

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