Drug Crime Attorney in Phoenix

Penalties for Drug Crimes in Arizona

Arizona’s drug laws are codified under A.R.S. Title 13, Chapter 34. The severity of the penalty depends on the classification of the drug, the quantity involved, and the defendant's prior criminal history.

• Threshold Amounts: Arizona law sets "threshold amounts" for various drugs (e.g., 9 grams for methamphetamine, 2 pounds for marijuana). If you are found with an amount exceeding the threshold, you are generally ineligible for probation and face mandatory prison time, even for a first offense.
• Felony Classifications: Most drug crimes in Phoenix are classified as Class 2, 3, or 4 felonies. A Class 2 felony conviction for a first-time offender can result in 3 to 12.5 years in prison.
• Prop 200 (A.R.S. § 13-901.01): For some first and second-time non-violent drug possession offenders, Arizona law (via Proposition 200) may mandate probation and drug treatment instead of incarceration. However, there are many exceptions, including cases involving methamphetamine or violent crimes.
• Collateral Consequences: Beyond prison, a felony drug conviction can result in the loss of your right to vote, the loss of your right to possess a firearm, difficulty finding employment, and the revocation of professional licenses (nursing, teaching, etc.).

Legal Defense to Drug Crimes

A charge is not a conviction. Our Phoenix drug crime lawyer can employ several strategies to challenge the prosecution’s case:

Challenging Constitutional Violations

The Fourth Amendment protects you against "unreasonable searches and seizures." If the police pulled you over without reasonable suspicion or searched your home without a valid warrant (or a legal exception to the warrant requirement), any evidence they found may be suppressed and deemed inadmissible in court.

Lack of Knowledge or Intent

To convict you of possession, the state must prove that you knowingly possessed the drug. If a friend left a controlled substance in your vehicle without your knowledge, or if you were a passenger in a car where drugs were hidden, we can argue a lack of "guilty knowledge."

Chain of Custody and Lab Errors

We demand to see the lab results and the "chain of custody" logs. If the drugs were mislabeled, contaminated, or if the testing equipment was not properly calibrated, the evidence against you may be compromised.

Entrapment

In some cases, undercover officers or informants go beyond merely providing an opportunity to commit a crime and actually induce an otherwise law-abiding person to break the law. If you were coerced or pressured by law enforcement, an entrapment defense may be applicable.

Frequently Asked Questions

Can I still be charged with a drug crime for marijuana in Phoenix?

While recreational marijuana is legal in Arizona for adults 21 and older (up to one ounce), you can still face charges for possessing more than the legal limit, driving under the influence of marijuana, or selling it without a license.

What is the "threshold amount" and why does it matter?

The threshold amount is a specific weight determined by the state. If you possess more than this amount, the law presumes you are selling the drugs, which removes the possibility of a "probation only" sentence and makes prison time mandatory upon conviction.

Should I talk to the police if I know I’m innocent?

No. Anything you say can and will be used against you. Even seemingly innocent statements can be twisted to fit the prosecution’s narrative. Exercise your right to remain silent and ask for a lawyer immediately.

Can a drug charge be dropped to a lower offense?

Yes. Through "plea bargaining," a skilled attorney can often negotiate a felony charge down to a misdemeanor or secure a "diversion" program that, upon completion, results in the dismissal of all charges.

Why Choose Cates & Reed, PLLC?

When your freedom is on the line, you cannot afford to settle for a public defender with a massive caseload or a lawyer who doesn't specialize in criminal defense. At Cates & Reed, PLLC, we provide personalized attention to every client. We understand that good people make mistakes, and we are committed to ensuring that one mistake does not define the rest of your life.

If you are facing drug charges in Maricopa County, time is of the essence. The earlier we can begin investigating your case and preserving evidence, the better your chances of a favorable outcome.

Have you been arrested on suspicion of any of the above drug crimes in Phoenix? Contact Cates & Reed, PLLC at (480) 864-3807 for skilled legal representation.