Drug Possession Attorney in Phoenix, Arizona

If you're facing drug possession charges, two things can help you beat them - understanding the legal process and working with an experienced criminal defense attorney or law firm.

My firm, Faussette & Faussette PLLC, can assist you with both. When your freedom and future are on the line, I will help you understand your rights and provide strong representation. I will take the time to understand your situation and use my knowledge and skills to protect your interests.

When you work with me, you can expect complete honesty as I answer your questions and address your concerns. I serve clients in Phoenix, Arizona, and surrounding areas, including Glendale. Peoria, Scottsdale, Goodyear, Avondale, Surprise, Chandler, Gilbert, Mesa, and Tempe. 

Now, let's try and understand drug possession and the laws that govern it in Arizona.

Types of Drug Possession Charges

Drug possession charges in Arizona can range from misdemeanors to felonies, and each comes with its own set of penalties. Understanding the types of drug possession charges will help you get a clearer idea of what to expect during the legal process.

Simple Possession

Simple possession is when someone is found in possession of a controlled substance for personal use. If you're caught with a small amount of drugs, it's usually classified as a misdemeanor, though it can still carry significant penalties, such as fines, probation, or jail time. For instance:

• Marijuana possession: Possession of less than 2.5 ounces of marijuana for personal use is typically a misdemeanor charge.

• Other drugs: Possessing small amounts of substances like cocaine, heroin, or methamphetamine can lead to more serious felony charges.

Possession with Intent to Sell

If the police find a large quantity of drugs or evidence that suggests the drugs were meant for distribution, you could face a charge of possession with intent to sell. This is a felony charge, and if convicted, you could face lengthy prison sentences. Common signs of intent to sell include:

• Large quantities of drugs

• Scales or other distribution equipment

• Packaging materials, such as baggies or containers

Drug Possession with a Firearm

If you're found in possession of drugs while also carrying a firearm, the consequences can be severe, potentially lead to additional penalties under Arizona's gun laws. If convicted, you may face time in prison for both the possession charge and the firearm charge.

Possession of Drug Paraphernalia

Alongside drug possession, you can be charged with possessing drug paraphernalia. These are items commonly associated with drug use, such as pipes, needles, or bongs. While this charge is usually a misdemeanor, it can still result in fines and a criminal record.

Penalties for Drug Possession in Phoenix

The penalties for drug possession in Phoenix vary greatly depending on the type of drug involved, the quantity, and whether it's a first-time or repeat offense. Here are some of the possible penalties:

• Misdemeanors: For small amounts of marijuana or other drugs, you could face misdemeanor charges. If convicted, penalties can include fines, probation, community service, mandatory drug counseling, or up to one year in jail.

• Felonies: More serious drug offenses like possession with intent to sell or possession of a significant amount of illegal substances can lead to felony charges. Felony convictions can carry years in prison, steep fines, and probation.

• Mandatory drug counseling or rehabilitation: In some cases, especially for first-time offenders, a judge may offer alternatives to prison, such as drug counseling or rehab programs. Successfully completing these programs may reduce the severity of the charges.

• Mandatory minimum sentences: Arizona has mandatory minimum sentences for certain drug offenses. For example, possessing over a certain weight of methamphetamine can result in a prison sentence without the possibility of parole for a designated time.

Defending Against Drug Possession Charges

Successfully defending against drug possession charges requires knowledge of the law and the ability to challenge the evidence against you. Common defenses include identifying issues with how the drugs were discovered, questioning the legality of the search or seizure, and showing that you didn’t knowingly possess the drugs in question. 

By carefully examining all aspects of the situation, a defense lawyer can build a strong strategy tailored to your circumstances. Common defenses include:

Lack of Knowledge

You might not have known that drugs were in your possession, especially if they were hidden or placed in your belongings by someone else. If you can prove that you didn’t know the drugs were there, this could be a valid defense.

Unlawful Search and Seizure

If the police violated your constitutional rights during the search—such as conducting a search without a warrant or probable cause—it may be possible to have the evidence against you dismissed. Your attorney can challenge the legality of the search.

Insufficient Evidence

In some cases, the prosecution may not have enough evidence to prove that you possessed the drugs in question. Your attorney can argue that the prosecution has failed to meet its burden of proof and request a dismissal of charges.

Medical Marijuana Defense

If you're a registered medical marijuana patient in Arizona, possession of marijuana for personal use is legal. However, exceeding the legal limit or possessing marijuana in a public space can still lead to charges. If your case involves medical marijuana, your attorney will need to review your case and the legal protections in place for patients.

Drug Possession Laws in Arizona

In Arizona, drug possession laws are covered in the Arizona Revised Statutes (ARS) Title 13, Chapter 34. Possession of illegal drugs, whether marijuana, methamphetamine, heroin, or other controlled substances, is illegal and can have severe consequences. Understanding the different classifications of drugs and their penalties is essential.

The state categorizes drugs into different classes, and the penalties for possession depend on the drug's classification. Generally, substances are classified as follows:

• Class 1 drugs: Includes heroin, methamphetamines, cocaine, and opiates.

• Class 2 drugs: Includes prescription drugs such as OxyContin, hydrocodone, and similar medications.

• Class 3 drugs: Includes less potent drugs like marijuana (under certain circumstances).

The severity of your charges and the penalties will depend on the type of drug in your possession, the amount, and whether you have a prior criminal record.

Why You Should Work with Faussette & Faussette PLLC

As your criminal defense attorney, I can help you understand your rights, evaluate the strength of the evidence, and build a criminal defense strategy to fight the charges. I can also:

• Investigate the circumstances of your arrest.

• Challenge unlawful police conduct.

• Represent you during hearings and trials.

• Negotiate with the prosecution for reduced charges or a plea agreement.

When you’re facing criminal charges in Arizona, only your attorney can protect your future and minimize the potential consequences.