Arizona DUI & Criminal Defense Attorney Blog
“Common Defenses that can be used to defend Drug Possession Charges in Gilbert AZ”
Arizona Drug Possession Laws
Defenses for Drug Possession Laws, are tailored based on the circumstances of the situation, Arizona Criminal Laws and Drug offense Laws; and a person’s Constitutional Rights afforded by Federal and State.
In Arizona, under A.R.S. 34 13-3401 a defendant may be convicted of drug possession charges, if the prosecution can prove “beyond reasonable doubt” that a defendant had “knowledge” that marijuana, illegal or dangerous drugs were in their possession. This is not always an easy task for the prosecution. However, you will need legal representation by an experienced drug attorney if you wish to plead “not guilty” and defend your charges.
Arizona Drug Charges
A large number of drug possession offenses are charged as felonies. The classification of the charge depends on numerous factors including: 1) Purpose or intend use (use, sale or intent to sell); type of illegal drug; quantity of found in your possession; and first time or repeat offense. If the drugs in your possession equals or exceeds the specified “Threshold amount” for that drug under Arizona state laws, you may be facing serious felony drug charges for “possession with intent to sell” illegal drugs. Possession Charges involving quantities that equal or exceed statutory “Threshold amounts” for particular drugs require mandatory prison terms in Arizona
Defenses for Drug Possession Charges, Gilbert AZ
- Insufficient evidence;
- Police violated procedure and protocol;
- “No probable cause for arrest”;
- Unlawful search and seizure;
- Police Entrapment;
- Wrong person arrested;
- Prosecution unable to prove “Beyond a Reasonable Doubt” standard;
- Statutory Time Limit to bring charges expired;
- Charges brought in wrong jurisdiction;
- The drugs did not belong to;
- You did not have “knowledge” that the drugs were in your possession;
- Your residence is shared with others and has common areas ;
- You borrowed someone’s vehicle and were not aware the drugs were there
- The drugs belonged to a passenger in your vehicle, and you were not aware they had drugs in their possession.
- Violation of Miranda Rights;
- Other Constitutional Rights violations
Drug Possession Defense Attorney, Gilbert AZ
You should always retain a qualified and experienced drug defense or criminal defense attorney to argue these issues on your in behalf. They will be your legal advocate and defend your drug possession charges in accordance with the Arizona Rules of Criminal Procedure through each stage of the criminal justice process. They will make sure your rights are protected; help you preserve and utilize your defenses; and seek to obtain the best possible resolution to your charges. Your chance of getting drug charges reduced, or dismissed; or mitigate sentencing will increase with representation by a private practice Gilbert criminal defense attorney.
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Law Office of James Novak
4500 S. Lakeshore Drive
Tempe AZ 85282
(480) 413-1499