Transportation of Drugs for Sale Protecting Our Clients' Rights

Transportation of Drugs for Sale

If you or somebody close to you has been charged with drug transportation crimes in Arizona, it is critical to hire an experienced attorney that will fight for you. Here at Ryan Garvey Attorneys, we have years of experience defending drug transportation cases across the state of Arizona.

Attorney is certified by the State Bar of Arizona as a specialist in criminal law and has over 20 years of experience in handling drug cases. In addition, all of the lawyers at Ryan Garvey Attorneys have handled numerous drug transportation cases in many different counties across the state. We are aggressive at mounting defenses and strategies to help you fight drug transportation allegations. 

Drug Transportation

Drug transportation crime occurs when a person transports controlled substances from one location to another with knowledge of the presence of the illegal drug. If the illegal movement of the drugs crosses state or national borders, then charges may be brought under federal law.

Possession vs. Ownership

The most common misconception by individuals charged with possession or transportation of drugs is belief that since “drugs were not mine” the prosecutors involved cannot prove guilt. That belief however is not accurate.

There are two elements of the criminal charge of drug possession: (1) knowledge and (2) possession of drugs.

The first element is the culpable mental state or “mens rea” of a crime. In drug possession cases, the required mental state is: “knowingly.” Prosecutors must prove that a person is aware of the possessed contraband. Arizona Revised Statute § 13-105 defines “knowingly” – as: with respect to conduct or to a circumstance described by a statute defining an offense, that a person is aware or believes that the person’s conduct is of that nature or that the circumstance exists. It does not require any knowledge of the unlawfulness of the act or omission.

The second element is actual or constructive possession of the illegal contraband. The actual possession occurs if an individual has drugs in his physical custody, whereas constructive possession takes place if a person is able to exercise dominion and control over contraband.

Penalties for Drug Transportation in Arizona

In Arizona, the criminal charges and penalties depend on type and quantity of the illegal drugs. However, an individual’s criminal record will increase these penalties. There are three main categories of drug transportation cases:

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