Have You Been Charged With Drug Paraphernalia in Arizona?
Everything You Need to Know About Drug Paraphernalia in Mesa, Arizona
If you think a drug charge in Paraphernalia, Arizona isn’t a serious offense, you’re mistaken. The authorities in Arizona State have been trying to keep a strict outlook on drug possession or substance abuse concerning laws for years and a revised stature is proof.
In fact, it is one of the offenses that may result in jail imprisonment but also leads to the violation of the statute and class 6 felony. As drug possession comes in the serious offense category in Paraphernalia, you must look for a competent defense attorney if you have been charged.
Only a qualified drug attorney with legal knowledge and experience can help you fight the case and get favorable outcomes. Keep on reading to learn more about the drug charges and the best ways to deal with them in Paraphernalia, Arizona.
Drug Charges in Paraphernalia, Arizona- What You Need To Know
The State of Arizona has revised its statute regarding drug charges in Paraphernalia, AZ. The new law states that it is illegal to possess drugs with the intent to;
- Plant
- Cultivate
- Propagate
- Grow
- Manufacture
- Convert
- Compound
- Process
- Produce
- Store
- Prepare
- Conceal
- Contain
- Ingest
- Inject
- Inhale
As the current statute is broad in terms of its wording, it classifies a variety of items people possess and use in Paraphernalia.
Typically, these include syringes, scales, pipes, bongs, and scales. The interpretation is overarching and law enforcement agencies in Paraphernalia can charge people with this offense in many ways. If cops suspect you of using or keeping something like drugs, they can charge you with a criminal offense.
How Drug Possession is Determined in Paraphernalia
The state prosecutors in Paraphernalia examine plenty of factors to convict the accused offender of drug possession. Under section 13.3415, the prosecutor looks at the following to find out if the item used was illegal;
- Owner’s statement concerning the use of object
- The previous record of drug consumption or use
- The drug residue on the objects
- Circumstantial or direct proof of the person delivering the drug to people he/she knows for illegal use
- The ways used to buy or sell the drug
- Whether the supplier is the legitimate distribution of drugs in the community such as ad licensed dealer or distributor of the tobacco products
- Testimony related to its use
Penalties for Drug Possession in Paraphernalia
As said above, drug offense in Paraphernalia, Arizona results in serious penalties like class 6 felony. Put simply, being charged with this offense means you will receive a stiff penalty. The felony conviction includes;
- Drug possession in Paraphernalia
- Drug delivery in paraphernalia
- Manufacture and sell drugs in paraphernalia
- Drug advertisement in Paraphernalia
A class 6 felony specifically includes;
- 2 years punishment in prison if the accused offender doesn’t have any previous criminal conviction
- 6 years of prison if the accused offender has previous records of a criminal offense.
The class 6 felony is relatively one of the lowest ranking offenses compared to other felonies. However, it doesn’t mean that you should not deal with it accordingly. The State of Arizona has some flexibility for less serious cases.
Under Title 13 of the Criminal Code of Arizona, if the components surrounding class 6 felony crime don’t justify the stiff charges imposed on the offender, the court sometimes enters class 1 misconduct for conviction.
However, it is worth noting that this decision to reduce class 6 felony to misconduct depends on the nature of the offense, character, and history of the defendant.
What are Alternative Punishment for Drug Possession in Paraphernalia
If you’re dealing with the first drug offense and don’t have any previous record of a felony offense, the court can grant you a probationary period. However, as you’re an alleged offender, you need to participate in various diversion programs during your probation period.
Once you complete your diversion program, the court will most likely drop the charges against you. For second offenses, probation is applicable but there isn’t any diversion program. Arizona offers a comprehensive drug court program to focus o offenders’ rehabilitation instead of giving them punishment.
The program aims at monitoring the drug use in the participants and follows a timeline to help them overcome this habit. Typically, Arizona Treatment Assessment Screening Center [TASC] lasts four to six months. The duration depends on the severity of drug abuse.
It is a nonprofit organization with specialized services including counseling, substance abuse education, counseling, and thorough screening for drug use. It is an excellent way for first-time offenders of this crime to defer charges, improve their knowledge about drugs, work on healthy social activities and continue with their lives without facing jail sentence or conviction on the record.
Once these alleged offenders are graduated, they are eligible to exclude or remove the arrest record from their criminal history.
Remember that if an alleged offender attends a diversion program, it opens ways for free life. But it is important to qualify for the program. If an offender fails to pass the divergent program, it may lead to more serious penalties.
Possible Defenses to Drug Possession in Paraphernalia
When it is about drug charges in Paraphernalia, the State of Arizona provides evidence that you have an illicit item in your possession. Your qualified drug defense attorney looks over the charges you have and use their skills and knowledge to make an applicable defense.
Some of the common drug defenses your attorney can use to build the case include;
- You didn’t know that the item can be used for drugs ingestion
- Someone left the drug in your vehicle
- You were unaware of the presence of the item
In other drug cases, the objects are misidentified or misunderstood as drugs or substances when they were used for prescribed medication or similar purposes.
Hiring a Drug Defense Attorney in Paraphernalia, AZ
Even if you have been arrested for drugs, you have a few options to fight the charges. But there is only one way to deal with the drug charges against you -hiring a qualified attorney.
No matter how serious your offense is in the drug possession case, an experienced drug attorney or lawyer who is an expert in dealing with these cases can help you. Keep in mind that drug attorneys from reputed law agencies such as Arizona Find Lawyer are aware of how the legal system in Paraphernalia, AZ works. They can find a way that can help you reduce or even dismiss the charges against you.
Drug attorneys have years of experience fighting the cases of people who have been charged with the drug in Paraphernalia. They possibly represent you by drawing on the insights from their previous cases.
Summing Up
Possessing or using drugs in Paraphernalia, Arizona is a serious crime and can lead to facing stiff penalties. You may go to jail for 2 to 6 years depending on the felony you fall in. Thus, seeking professional help from a qualified and experienced drug attorney can help you defend the charges.