It is likely that there are more drug cases charged in Arizona than any other type of crime. Moreover, drug cases come in all shapes and sizes. They range from simple possession of Marijuana to Transporting Cocaine. Each type of case you find in the spectrum may have its own penalty for a conviction. Here are is chart of the most common Arizona Drug Crimes we see in our practice:
|Type of Crime||Marijuana||Heroin||Methamphetamine||Cocaine|
|Charged as:||Possession of Marijuana||Possession of Narcotic Drugs||Possession of Dangerous Drugs||Possession of Narcotic Drugs|
|Possession of Marijuana for Sale||Possession of Narcotic Drugs for Sale||Possession of Dangerous Drugs for Sale||Possession of Narcotic Drugs for Sale|
|Transportation of Marijuana||Transportation of Narcotic Drugs||Transportation of Dangerous Drugs||Transportation of Narcotic Drugs|
|Threshold Amount||2 Pounds||1 Gram||9 Grams||9 Grams|
Source: A.R.S. §13-3401.
The manner which the case is charged will most likely determine the method of defending it. In addition, every drug case, regardless of how it is charged needs to reviewed to see if the of arrest and the subsequent search was constitutional. Some of the following question should be asked:
- Was there constitutional traffic stop?
- Did the police conduct an illegal “pat-down” or search of your person?
- Did the police get warrant to search your home?
- If there was not a warrant, were there sufficient “exigent circumstances” to justify the search?
- If there was a search warrant, was the factual basis of the search warrant accurate and truthful?
- Was the basis of the arrest an illegal wiretap?
- If your detention was based on a “tip” or “informant” was it reliable and constitutionally sufficient?
If there is a constitutional violation, it may result in a dismissal of the charges.
If you need legal advice for a specific problem, you must consult with an Arizona Criminal Defense Attorney. For more information about Arizona Criminal Law or a specific legal problem, please contact Lawrence Koplow online or by phone at (602) 494-3444.