Sedona Drug Crime Lawyer

Sedona Drug Crime Attorney

Facing drug charges can be scary for anyone, whether it’s your first time or not. For those with a criminal history, incurring another conviction means suffering harsher penalties, and for a first-time offender, all efforts should be made to avoid obtaining a criminal record. Take early action by consulting with a qualified and skilled Sedona drug crime lawyer.

Types of Drug Offenses We Can Handle

Drug crime cases tend to be complex because there are often multiple charges involved. At our criminal defense law firm, we have extensive practical experience handling these cases. We work to give each client a strong defense by ensuring our approach thoroughly addresses all potential charges you may face. In the state of Arizona, it is prohibited by law to knowingly:

• Use or possess an illicit drug or controlled substance.
• Possess an illegal or controlled drug with the intent to sell or distribute.
• Manufacture a dangerous substance.
• Possess drug paraphernalia.
• Possess the equipment, chemicals, or both associated with the manufacturing of an illicit or controlled drug with the intent of manufacturing it.
• Manufacture a dangerous substance.
• Administer a controlled drug or illicit substance to another individual.
• Procure or obtain the administration of an illegal substance through means of deceit, fraud, subterfuge, or misrepresentation.
• Transport or import dangerous drugs into the state, or offering to, for the purpose of selling.
• Sell, transfer, or offer to sell or transfer a controlled or dangerous substance.

Potential Penalties for a Drug Conviction

If a defendant is convicted of a drug offense, they are subject to punishments such as time in jail, costly fines, and other penalties. The severity of punishment can vary quite a bit depending on the details of the case. Influencing factors include whether the offender has any prior drug convictions and the specifics of their criminal history, the schedule level of the drug(s) involved, and the amount of the substance in question.

Federal and state law categorizes drugs, substances, and their related manufacturing chemicals into different classes of severity called schedules. Schedule classification is based on the drug’s likelihood of abuse, evidenced potential for pharmacological benefit, history and pattern of abuse, and relative potential or actual risk it poses to public health. The schedules are as follows:

• Schedule I: examples include marijuana, heroin, and peyote.
• Schedule II: e.g., fentanyl, methadone, methamphetamine, cocaine, and oxycodone.
• Schedule III: e.g., ketamine, Tylenol with codeine, and anabolic steroids.
• Schedule IV: examples include Ambien, Xanax, and Valium.
• Schedule V: over-the-counter drugs that contain trace amounts of certain narcotics and are used for combating diarrhea, coughing, pain, etc., such as Robitussin, Lomotil, and Lyrica.

The level of severity of the drug involved in your case has a significant bearing on how harsh the potential penalties may be. For less severe cases where the amount or determined danger of a substance is relatively minimal, you may be eligible for your sentence to be suspended or even awarded probation. Eligibility for alternative punishments is also dependent on one’s criminal record. You can ask your defense attorney whether you may qualify for suspension or probation.

How Does a Lawyer Defend Against a Drug Charge?

There are numerous defense strategies your lawyer may choose to employ based on the details of your case. Your attorney may argue that you did not knowingly possess the drug, whether the substance was in your possession without your knowledge or was in a common area of a shared residence or vehicle.

Another common defense is asserting that your constitutional rights were violated, such as law enforcement conducting an unlawful stop or search and seizure. If the police lacked probable cause to search your home, vehicle, or person, much of the evidence obtained in the illegal search may be inadmissible in court.

FAQs

What Does a Criminal Defense Lawyer Do in Arizona?

The job of a criminal defense lawyer is to represent their client and guide them through the court process and various legal procedures. Your attorney advises you on what you shouldn’t say or do so as to not incriminate yourself or hurt your case. In addition to providing legal counsel, lawyers also investigate the details of your case and build a strong defense case on your behalf to present in court against the prosecution.

Is It Possible to Get a Drug Charge Dropped in Arizona?

It is possible for drug charges to be dropped, but it is never a guarantee. If your lawyer discovers that your rights were violated or that law enforcement lacked probable cause—all evidence found during the unlawful seizure may likely be thrown out, leading to the case getting dismissed since the prosecution no longer has a case. Your legal team can also prove your innocence with a strong defense case if the prosecution’s evidence is weak to begin with.

Can You Be Charged for Having Prescription Drugs in AZ?

Yes, you can be charged with a drug offense for prescription medications in certain circumstances, such as manufacturing such substances. It is against the law for an individual to possess a controlled substance, including prescription drugs that were not prescribed for them by a qualified clinical professional.

It’s also unlawful for someone to sell or administer their prescribed drugs to other individuals. You may also face legal repercussions if abusing your prescribed meds leads to reckless driving or other offenses.

What Is the Statute of Limitations on Drug Charges in AZ?

In Arizona, the statute of limitations (SOL) for a crime can vary depending on the nature and severity of the offense. For drug charges, in particular, a misdemeanor crime has a one-year SOL, and petty offenses have six months. More serious crimes have SOLs of several years or indefinitely if the harm or death of someone is involved. Drug charges can often be “wobblers,” meaning they’re hard to predict since the severity of the offense depends on the substance.

Adept Criminal Defense Lawyers for You

At the office of Glazer, Hammond & Smets, PLLC, our team of professional and experienced defense attorneys is well-equipped to handle drug offenses. Reach out to us today to schedule a consultation with a capable drug defense lawyer.