Have You Been Charged With Drug Sales in Arizona?
Everything You Need to Know About Drug Sales in Mesa, Arizona
If you are convicted of possession of drugs with the intent to distribute or sell in the state of Arizona, it can cause some serious problems in your life right now and in your future. You might face penalties that include expensive fines, time in jail, or suspension of your driver’s license, for example.
Drug crimes across Arizona, including in Phoenix are quite a bit higher than they are in most other cities in the United States. Because of the high number of drug-related crimes, it means that the police in the state are heavily invested in bringing perpetrators to justice. This certainly includes those who are selling the drugs and supplying them to people.
Getting Arrested and Charged Is Frightening
A lot of people make mistakes in their lives, and sometimes, those mistakes catch up with them. When you are arrested and have been charged with the intent to sell, there is no doubt that it’s one of the most frightening things you will endure. You have no idea what is going to come next in your life, or if you are going to spend a lot of time behind bars.
The fear is real but being charged doesn’t mean it’s the end of the world. You need to have a good defense attorney who understands the legal system and who has experience when it comes to drug possession with the intent to sell. A good attorney will provide you with the advantage you need. They can help to get your charges reduced, and in some cases, you might even get those charges dismissed.
While finding an attorney to help with your case is essential, you also need to learn more about the system and how it works. Having more knowledge about the system can help to give you some insight into your case and help to alleviate some of the fear.
The Definition of Drug Possession with the Intent to Sell
While having possession of drugs is enough to get someone arrested, you will find that if there is intent to sell, the punishments are going to be much harsher. If you are charged with the intent to sell, it means that the state believes you had enough drugs in your possession that they weren’t for your personal use. Instead, you have enough drugs that they feel you are intending to sell them.
How do they determine this? It is known as the threshold. You see, Arizona is quite tough on many kinds of drugs, and one of the laws they have in place for certain drugs is the threshold, which determines whether someone has drugs for their personal use or to sell.
The threshold is determined by using one or more of three criteria. These include:
- The quantity of the drug.
- The weight of the drug.
- The street value of the drug is $1,000 or more.
When any of those criteria have been surpassed, it is enough reason to be charged with transporting, transferring, or selling. When those thresholds have been reached or breached, law enforcement assumes that you intend to sell. This is true even if your actual purpose was for personal use.
The authorities don’t have to find other drug evidence, such as packaging or scales that would indicate an intent to sell. It just has to meet one of those criteria mentioned above.
According to Arizona Revised Statute 13-3401(36), the following are the threshold amounts for some of the most commonly found drugs in Arizona.
- 750 milligrams of cocaine base or hydrolyzed cocaine
- 0.5 ml of LSD or 50 dosage units
- 1 gram of heroin
- 4 grams or 50 ml of PCP
- 9 grams of cocaine
- 9 grams of methamphetamine—this includes meth in liquid suspension
- 9 grams of amphetamine—this includes amphetamine in liquid suspension
- 2 lbs. of marijuana
Now, you might be asking why marijuana would still be included on the threshold list. After all, it is now legal medically and recreationally in Arizona, so shouldn’t it be off the list? If you have smaller amounts of marijuana, it won’t be a problem. However, having this much marijuana in your possession shows that you have the intent to distribute and sell. This is where the problem arises in these cases.
What Drugs Tend to Be the Largest Problem?
Although many different types of drugs can cause major problems for those who take them, those who are around addicts, and those who sell them, narcotics tend to be one of the biggest issues. Under Arizona law Arizona Revised Statute 13-3401 (20), some examples of narcotics include oxycodone, heroin, morphine, opium, and fentanyl. Around half of the offenses for drugs in the state involve narcotics.
What Are the Penalties?
The penalties when you have intent to sell tend to result in harsher felonies than simple possession. Someone who has been charged with intent to sell will typically face a Class 2 felony, which is the second most serious type of felony. If you were also found to have equipment for manufacturing drugs, you could also be charged with a Class 3 felony.
If you are convicted, the sentences can be quite steep. In addition to stiff fines, you could spend time in jail.
If you have no prior record, you could still face at least four years in prison and to 10 years behind bars. You will be eligible for probation. If you have one prior conviction, you will face a minimum of six years in prison and a maximum of 18.5. Probation may be possible on special occasions. If you have two prior convictions, you will face a minimum of 14 years in prison and a maximum of 28. You will not be eligible for parole.
When you have a felony on your record, it will drastically change the rest of your life. Convictions mean you no longer have the right to bear arms, and you no longer have the right to vote. It will be more difficult to find and keep jobs, and it could even be more difficult to find a place to live.
Sometimes, particularly in the case of first-time offenders, you might be able to receive alternative penalties rather than going to prison. This might include things like drug diversion programs during probation, which could help to get the charges dropped if it is satisfactorily completed. You will want to speak with your attorney about the options you have available.
What Should You Do When Questioned by the Authorities?
When you are arrested or questioned by the authorities, what should you do? The best thing for you to do is to say nothing. Anything that you do say could be used to incriminate you later. You will want to get in touch with an attorney as soon as possible. Anything that needs to be conveyed to the authorities should be told to your attorney first. Let the lawyers help you with your drug case as early as possible.
No one wants to go through one of these types of trials on their own. You need to have a good, experienced attorney working on your side.