Have You Been Charged With Drug Distribution in Arizona?
Everything You Need To Know About Drug Distribution in Mesa, Arizona.
State and federal law enforcements in Arizona, like most other states, dedicate substantial resources to investigating and prosecuting drug distribution crimes. Therefore, if you've been charged with drug distribution in Arizona, know that it is a serious felony that could land you in prison if you're found guilty.
The stakes are high when facing allegations of drug distribution; therefore, prompt action is necessary. Here's everything you need to know about drug distribution in Mesa, Arizona.
What does drug distribution mean?
Drug distribution, also known as drug trafficking in Arizona, is the possession or transportation of illegal drugs for sale. When someone has several illicit drugs that exceed a threshold amount, it is assumed that they intend to sell them, even if the intention is purely personal.
The following are some examples of typical threshold values:
- Ecstasy – 4 grams
- Heroin– 1 gram
- Base (crack) cocaine– 750 milligrams
- Cocaine– 9 grams
- PCP– 4 gram
- Methamphetamine– 9 grams
- LSD– ½ milliliter or 50 dosage units
Other reasons can result in drug distribution allegations even though the controlled substance found is less than the threshold amount. For example, if the illegal substance was concealed or lots of money was with it, and the person with the drugs also had equipment for selling drugs, such as containers, scales, and measuring equipment.
Therefore, the quantity and type of drug involved can influence whether an offense is drug possession or drug distribution. In addition, transferring a controlled substance to another person is generally considered drug possession with intent to sell, regardless of whether money is involved. Such transfer could be actual, constructive, or attempted.
Actual transfer
When a person physically distributes controlled substances to another person, the transfer is considered complete.
Constructive transfer
When a person's actions indicate plans to sell or distribute illegal substances, or the quantity of drugs in their possession is substantial, they will be charged with a drug trafficking offense. Thus, intent to distribute can be inferred without any evidence of actual distribution.
Attempted transfer
When a person tries to transfer a prohibited substance to another person but cannot do so, this is known as attempted transfer of controlled substances. Put another way, they try and fail to transfer the substance.
Classification of illegal drugs
Illegal drugs include a wide range of substances. Federal and state authorities prosecute the unlawful distribution of dangerous drugs. These controlled substances are grouped into five schedules under the Arizona Uniform Controlled Substances Act.
Note that when a state or federal authority designates a chemical as "controlled," it usually means that its use and distribution are regulated by law.
- Schedule I drugs are highly addictive narcotics. They have no recognized medical uses and are dangerous even when used under medical supervision.
- Schedule II drugs are highly addictive, have medicinal applications, and can lead to serious drug addiction.
- Schedule III drugs have a low risk of abuse, recognized medical uses, and a moderate risk of addiction.
- Both Schedule IV and V have a modest risk for misuse, approved medicinal uses, and limited dependence potential.
The following are some examples of common illegal drugs:
- Methamphetamine
- Cocaine
- Marijuana
- Synthetic marijuana, also known as K2 or spice
- Ecstasy
- Heroin
- LSD
- Prescription painkillers
- Hallucinogens
- ADHD medication
- Muscle relaxers
- Psychotropic prescription medications
- Sleeping pills.
Drug distribution activities in Mesa Arizona
The illicit activity of drug distribution in Mesa, Arizona encompasses a wide range of operations. These include:
- Shipping drugs by mail
- Transportation of drugs by automobile, boat, plane, or other methods of conveyance.
- Selling to another person
- Giving drugs to another person
- Promoting the sale of illegal drugs
- Organizing drug transportation or sales.
Penalties for drug distribution in Mesa Arizona
In cases involving drug distribution in Mesa, Arizona, both federal and state laws apply. Mesa, like all other Arizona cities, is governed by state legislation. Thus, federal law applies if a person is found distributing a controlled substance across state boundaries. Still, if the drug trafficking is exclusively within Arizona state, the state's laws apply.
Drug distribution penalties vary depending on the type of drug and the amount of drug involved—the more significant the quantity of controlled substance possessed for trafficking, the stiffer the penalties.
Under Arizona law, drug distribution is usually categorized as a class 2 felony. Class 2 felonies attract a minimum sentence of two years and a maximum of twelve and a half years. The maximum fine is $1000, plus any additional fees.
Methamphetamine, for example, has much more stringent sentence requirements. If you are caught possessing methamphetamine, you might be sentenced to a minimum of 10 years and 20 years in prison. Also, sentence suspension, probation, or parole will not be available.
If certain aggravating circumstances exist, the penalty may be more severe. Among these are:
Some situations might result in the forfeiture of assets tied to drug distribution. The following items could be seized:
Why Getting A Lawyer is Essential
Suppose you have been arrested and charged with a drug distribution felony, then you must retain the services of a drug lawyer right away. The reason is that a prosecutor is putting together a lawsuit against you to get you convicted and sentenced to prison. A drug conviction can have long-term consequences, so having an attorney on your side is critical.
Furthermore, the mere fact that a narcotic was discovered in your possession and you were charged with drug distribution does not mean you are automatically guilty. Your attorney will examine your case, assess whether you have any defenses, and represent you in court. A qualified drug crime defense lawyer has numerous options for defending you.
In Mesa, Arizona, drug distribution defenses usually require a move to overturn the evidence. A request to suppress is a pre-trial hearing where your lawyer asks the judge to reject evidence taken in violation of your rights by police enforcement.
For example, police officers must have a warrant, apparent cause, or at least enough suspicion to stop and search you. Otherwise, stopping you for no reason and searching your vehicle would be a violation of your constitutional rights. Furthermore, any evidence they recover cannot be presented in court.
Other likely arguments in a drug trafficking case in Arizona include:
Entrapment
The drug lawyer might site instigation or enticement into committing a crime by a law officer.
Wiretapping
Unlawful electronic eavesdropping is accomplished by overhearing communications through a concealed recording or listening device connected to the transmission line.
Witness credibility
The drug lawyer might look into challenging the witness's credibility in the alleged drug crime.
Disqualify statements obtained unlawfully
Miranda Rights is a statement informing an arrested person of their legal rights to an attorney and the freedom to decline to answer questions. Thus, if law enforcement officers obtain information from you without giving Miranda warnings, your lawyer might disqualify it.
Conclusions
In summary, Drug distribution charges could result in jail time, seized assets, and a ruined reputation. If you face a drug distribution charge in Mesa, Arizona, find a seasoned criminal defense lawyer in Mesa to protect your legal rights.
