Being charged with a drug crime can be a frightening experience, especially once you begin to worry about what your future will hold. Drug crimes are considered significant crimes with equally significant consequences, including prison sentences and large fines. Having a drug attorney on your side during this time can make a significant difference in the outcome of your case.
Learn more about hiring the best drug attorney for your case in Arizona.
When Should I Consider Hiring a Drug Crime Defense Attorney?
It is a good time to consider hiring a drug crime defense attorney any time you are facing drug-related charges in Arizona. However, it is especially crucial if you are facing drug trafficking charges. These crimes often result in serious consequences, including heavy fines, probation, or even jail time. It is essential to protect yourself as much as possible, and the best way to do so is by securing the help of a defense attorney.
Consider these factors:
- The Penalties You May Face – The penalties you face are dependent on the kind of drugs involved, the amount of drugs in question, and the type of offense committed. The sheer variety of things that can affect your drug crime penalty can result in an overwhelming situation for someone who is unfamiliar with the process.
- The Best Defense for Your Circumstances – A drug crime defense attorney can assist you in building an effective defense strategy as they will likely understand the potential consequences based on your case’s circumstances.
- Assistance Throughout the Legal Process – As they have a thorough understanding of the law and the complexities of the necessary procedures, a skilled drug attorney can provide you with direction as you navigate the legal process. With the help of a lawyer’s knowledge, you have a better chance of your case, resulting in a positive outcome.
- Emotional Support – Not only can a lawyer give you legal advice and guide you through the challenges of the legal process, but they can also offer you emotional support. Having to face criminal drug charges alone can be distressing and frightening due to the uncertainty of your future, and an attorney can help you anticipate what’s to come so you can face the situation with confidence.
- Legal Guidance – Attorneys are also there to answer your questions, create a plan for your defense, and give you a realistic idea of what to expect throughout the process, helping you make informed choices.
Drug Charges and Penalties You May Face
In Arizona, there are several different types of drug crimes you may face.
A few of the most commonly committed drug crimes include:
- Possession of marijuana
- Possession of drugs with the intention to sell
- Transporting drugs
- Possession of drugs that are considered dangerous
- Transporting dangerous drugs
- Obtaining drugs with a fake prescription
Felony Drug Charges
Arizona’s law, ARS 13-3401(36), pertains to the illegal amount, weight, value, and the kind of drug that has been discovered in an individual’s ownership for the purpose of selling, intending to sell, transporting, manufacturing, or consuming. Exceeding the threshold for any of these factors can result in felony charges.
Quantity of Drugs
If you were found to have a large quantity of drugs over the threshold dictated by the law pertaining to that drug type, your crime is considered a felony. Possession of large quantities of drugs with the intention of selling also results in serious legal consequences.
When you are found to have a significant amount of drugs in your possession, you could be sentenced to prison. Prison sentences are typically given to those who have committed their first offense, have been convicted of a drug crime without prior convictions, or if the person has a criminal history.
Dangerous Drugs
If you are in possession of drugs that are considered dangerous in nature or in possession of narcotics, your crime is classified as a felony, and you will face felony charges. Other serious legal repercussions could also result from these charges, including fines, court costs, and more.
Previous Convictions
Having previous drug convictions on your record can also result in a felony charge if you once again have drugs in your possession. Stricter penalties are given to those who repeatedly commit the same offense. Felony charges are also applied if you are found with drugs near a school.
Felony Consequences
Being convicted of a drug felony may mean that you must serve time in prison, pay heavy fines, undergo drug testing, complete community service hours, go to counseling, and be placed under probation. When the court determines your conviction, they will consider if you have a criminal history, the quantity of drugs found in your possession, and other pertinent factors.
In some cases, you may qualify for the Arizona Drug Diversion/Deferred Prosecution program, known as the TASC Program. This is only available for those who fall under certain qualifications, specifically those who have committed a first-time offense with a small amount of drugs involved.
Even those who are eligible for the program are not guaranteed a spot. You may only participate if you are given permission from the court and the program’s administrators.
Protecting Your Rights During an Investigation
If you are being investigated for drug trafficking, meaning that you have been discovered manufacturing, transporting, and/or distributing drugs, you have rights that must be protected during this time. Remember that you have the Constitution to defend you, as the Fourth Amendment specifies that you have the right to be protected from arbitrary searches or unlawful seizures from the government.
In other words, a search carried out without a warrant is considered unreasonable unless consent has been given, the evidence is in plain sight, or other special circumstances are applicable.
You also have the right to refuse to have your home, apartment, or vehicle searched. Additionally, you do not have to permit anyone to access your phone or computer unless they have proof of a warrant. You are also not under obligation to provide any information regarding any alleged participation in selling, trafficking, or obtaining drugs.
How To Choose A Drug Case Lawyer?
Understanding your need for a drug case lawyer is an important step toward increasing your chance of achieving a positive outcome for your case. However, if this is your first drug charge, you likely require guidance regarding where to start your search for the right defense lawyer. You may even feel overwhelmed regarding where to begin.
If you are wondering, “How can I find the best drug crime lawyer near me?” consider beginning with an online search for local lawyers that can give you some direction. Then, begin narrowing your search for area attorneys for those who practice criminal law, have experience in criminal court procedures, and have consistently defended drug charges.
Consider these additional factors:
Start Your Search ASAP
When choosing a lawyer, remember that time is of the essence, and a good lawyer should respond in a timely manner to your questions. After contacting a lawyer for a consultation, they should answer you quickly and be able to meet with you within a day or two.
Do Your Research
You should also do your research to ensure that any potential attorney has a primary focus on criminal law. These attorneys have the experience and the skills necessary to build a formidable defense. They will defend you throughout the whole process, negotiating a plea bargain if necessary and defending you against the prosecution.
An experienced criminal law attorney is an asset when dealing with the criminal justice system, which is complex for those who are not familiar with its procedures. If a criminal lawyer has an extensive history of defending those accused of drug crimes, they will likely be more beneficial for your specific needs. These attorneys have the connections and rapport necessary to ensure they can successfully navigate the Arizona criminal justice system.
Read Reviews
Before hiring a lawyer, make sure to look at their reviews. When looking at these reviews, make sure that they are from credible sources. For instance, you may look at the Arizona State Bar website to see if a particular lawyer has been previously disciplined, or at local Google or Justia reviews. Additionally, you may wish to ask for referrals from people you trust.
Look for Enthusiasm
Once you have found a few local attorneys who could be final candidates for handling your case, schedule a consultation and evaluate their energy during the meeting. If they seem eager to get a jump on your case, that is a good sign, as it likely means they are ready to devote some hard work to building your defense. Look for an attorney who is confident in their abilities to ensure they will not back down from a challenge.
Prioritize Communication
The consultation appointment is an ideal time to get an indication of the attorney’s level of communication. Ask the attorney how often they intend to inform you regarding your case, and the means by which they intend to do so. Pay close attention to the speed with which they respond to communication from you and the clarity of their answers.
Evaluate Your Comfort
It is important to feel comfortable with who you hire to represent you. Be sure to evaluate how comfortable you feel while meeting with them to ensure that this working relationship is a good fit for you. You should also ask about their fees or hourly rates. They should be direct regarding the charges involved and how you will be billed.
How a Drug Crime Lawyer Can Help to Build Your Defense
Securing the services of a drug crime lawyer to help you build your defense can make a significant difference in the outcome of your case.
Knowledge of Drug Laws
A lawyer who has a background in drug crimes and drug law is especially helpful when you are facing drug charges. As drug laws can be complicated, a lawyer who is up to date with the latest changes regarding these complex statutes will be beneficial to your case.
Careful Evaluation of Your Case
Your lawyer will begin by evaluating your case, including the details provided by law enforcement documentation and the evidence that will be used against you. They will search for any legal problems with either, such as procedural errors or lapses in the chain of custody, to identify weaknesses in the prosecution’s case.
Connections with Local Legal Authorities
Another benefit to having a drug crime lawyer build your defense is their ability to connect with those in the legal system, such as judges, prosecutors, or those who serve in the criminal justice system. Using these contacts can prove to benefit you as your lawyer negotiates plea bargains, potentially reducing your sentence or even having the charges dropped.
Better-Informed Decisions
It is a drug crime lawyer’s job to make sure that you understand what is happening as your case progresses. They should also ensure that you understand your rights and all available legal options each step of the way. They can also outline the possible benefits or consequences of making a certain legal decision. This will help you make well-informed choices throughout the process.
Can A Defense Lawyer Reduce A Criminal Drug Charge Before Trial?
According to Arizona’s Rules of Criminal Procedure, the prosecution and the defense are able to meet before the trial to negotiate a plea deal, otherwise known as plea bargaining. This portion of the legal process gives the sides an opportunity to reach an agreement in a criminal case. Securing the services of a defense lawyer to negotiate on your behalf is a wise step to ensure you get the best possible chance at a fair outcome.
A plea deal, if applicable to your case, can prove to be beneficial for you. Pleading to a lesser charge has the potential to keep your case from going to trial, save you legal fees, and reduce your sentencing. Unfortunately, you will still face penalties; however, a jury will not determine the penalties in this instance.
If you wish to keep the case as private as possible, a plea deal is a good option, as you will likely not be required to go to trial. This allows others who are not directly involved in the case to have fewer chances to learn further details about the investigation.
Types of Plea Bargains
There are several types of plea deals that your attorney can negotiate for you.
- Reduction in Severity – One plea bargain includes the prosecution agreeing to give the defendant a lesser charge in comparison to the original charges.
- Count Bargaining – Another type of plea bargain, count bargaining, involves the prosecution minimizing the charges from several to one.
- Sentence Bargaining – This type of bargain means that the prosecution consents to reduce a sentence despite the fact that the original charges have not changed.
- Dismissal – If your attorney has identified misconduct on the part of law enforcement or some other issue with your case, they may be able to have your charges dismissed entirely.
Plea bargains are beneficial for many reasons. Consult with your attorney to determine whether you may be able to reduce your charges, counts, or sentences before your trial.
Consult With an Arizona Drug Crime Lawyer
Facing drug charges on your own can be both frightening and overwhelming – most individuals stand to lose financial standing, professional opportunities, a positive reputation, and more if convicted. Fortunately, a lawyer with experience in drug crimes can make all the difference in your case. Our skilled Arizona drug crimes attorneys can evaluate your case and create an effective defense strategy to secure you a more positive outcome. Contact The Valley Law Group to schedule a free consultation.
Sources:
- Lawyer, D. C. (2014). Drug Crimes Lawyer | Phoenix Criminal Lawyer James E. Novak. Arizonacriminaldefenselawyer.com. https://www.arizonacriminaldefenselawyer.com/drug-crimes-lawyer.html
- Drug Trafficking Lawyer | Top Defense Attorney Phoenix, AZ. (2023, May 30). Litwak Law Group. https://litwaklawgroup.com/portfolio-item/drug-trafficking-lawyer-phoenix-az/
- Phoenix Drug Lawyer. (2024, June 21). Suzuki Law Offices. https://www.suzukilawoffices.com/phoenix/drug-crimes-lawyer/
- sitetransfer. (2023, November 9). Snader Law Group. Snader Law Group. https://snaderlawgroup.com/how-to-choose-a-criminal-defense-lawyer/
- 13-3401 – Definitions. (2024). Azleg.gov. https://www.azleg.gov/ars/13/03401.htm
- Lopez, M. (2024, February 9). When can drug possession become a felony in Arizona? Matthew Lopez Law, PLLC. https://www.matthewlopezlawyer.com/blog/2024/02/when-can-drug-possession-become-a-felony-in-arizona/
- A Phoenix Criminal Defense Lawyer Can Negotiate a Plea Deal | Suzuki Law Offices. (2024, June 21). Suzuki Law Offices. https://www.suzukilawoffices.com/faqs/can-phoenix-criminal-defense-lawyer-negotiate-plea-deal/
- Congress. (2022). U.S. constitution – Fourth Amendment | resources | constitution annotated | congress.gov | library of congress. Constitution.congress.gov; Constitution Annotated. https://constitution.congress.gov/constitution/amendment-4/
Jon McCarty has broad experience in a wide variety of family law matters. After graduating from the University of Illinois College of Law with the highest honors, Jon served as Law Clerk to The Honorable David Briones in the United States District Court for the Western District of Texas. Jon then spent several years practicing in a large law firm in Chicago, before starting his own multi-state practice concentrating in family and criminal law.