If you are caught by police with any illegal drug aside from marijuana in Phoenix, you will most likely be charged with possession or use of a dangerous drug. Some common drugs that fall into this category include cocaine, meth, mushrooms, or even prescription painkillers without proper proof of a legitimate prescription. If you are convicted of this charge in court, the consequences for your future can be severe. However, in order to convict you, the prosecution must be able to prove that you knowingly possessed or used the drug, which can be challenging for them if you have the right evidence and legal team to defend you.
The possible punishments for possession or use of a dangerous drug in the state of Arizona can vary widely based on a number of factors, including:
For example, there are some drugs that, if convicted, can only result in a probation punishment and not jail time. However, probation can only be offered if the conviction is your first or second, and if the offense was non-violent. Furthermore, if you do not have any previous felony convictions and the drug you were found in possession/use of was not a methamphetamine, you will most likely only be charged with a misdemeanor.
Still, there are many situations in which possession or use of a dangerous drug can lead to a felony. Methamphetamine possession or use, for example, is almost always going to be treated as a class four felony, meaning you could face nearly four years in jail if convicted. Some of the most serious punishment for this type of charge will come if you are convicted of possession or use of a large quantity of cocaine, LSD, heroin, or meth. If you are found with enough on you to justify an intent to sell or distribute charge, your sentence can become even more severe.
Regardless of the severity of the charge you face, a conviction on possession or use of a dangerous drug will impact your life significantly. This is why having a drug defense attorney on your side is so highly recommended.
“Lack of knowledge” is by far the most common defense used in possession or use of a dangerous drug cases. With this defense, you will need to demonstrate and claim that you were not aware that ay drugs were on your person or otherwise in your possession at the time of the arrest. This is often the defense in situations where there were multiple people present, or in a situation where there are multiple people living in the same house. You may be able to claim that the drugs found belonged to someone else in the household. Of course, the proper evidence to support this should also be brought in front of a judge, which is another area where an experienced drug attorney should be able to help you.
A: The job of a criminal defense attorney can vary, but they generally have two primary tasks that they are responsible for when you hire them. One is to protect your rights. Both during an investigation and through the legal process, you have rights. Among these rights are the right to avoid self-incrimination and the right to remain silent. You also have a right against unlawful searches. Part of the job of your lawyer is to see that these rights are upheld. This includes protecting your rights through any criminal proceedings as well. The second thing they are responsible for is representing you. Primarily, this is done before the court, where they can defend your case. To put together that defense, they investigate your case and prepare to counter the prosecution’s assertions.
A: When you are looking for a lawyer, it’s important that you feel confident in their ability to represent you and put forth a convincing argument on your behalf. You want to find a lawyer with both extensive knowledge of the law and experience in criminal defense. You won’t want an attorney who is passive. Rather, you need one who can aggressively defend their clients. It’s also helpful to work with someone who is detail-oriented and creative, as those traits can often be essential to a strong defense against drug possession charges. Lastly, it’s helpful to work with someone who thinks like and understands how a prosecutor works. After a successful career in prosecution, that is exactly what Ryan Garvey can do.
A: If you are arrested, there are three things you will want to remember:
A: The consequences of a drug possession conviction will vary, depending on the nature of the crime. Things like the quantity and kind of drug you were in possession of, as well as what you intended to do with it, can affect what kind of sentence you receive. Similarly, whether this is a first conviction or a subsequent conviction will also be a factor that is given consideration. In some cases, probation and a fine may be the extent of the penalty. In other cases, a conviction could result in a prison sentence. A criminal record will also be associated with a conviction, which can lead to a host of career and social problems as well.
From providing you with legal guidance to building a case for your defense in court and speaking on your behalf in some manners, a drug defense attorney is someone you’ll definitely want to have on your side in the coming weeks and months. Doing so could be the difference between a conviction and an acquittal or reduced sentence. You can schedule a case evaluation and consultation today by giving our law office a call; our drug defense attorneys look forward to representing you.
Being faced with a criminal charge can be scary, but having the right representation can make all the difference. Schedule your consultation with our team at Ryan Garvey Attorneys by giving us a call at 602-296-3434 today.
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