Being charged with a drug crime is a serious matter. The penalties accompanying a conviction are harsh, and the potential damage to your life, your family and your reputation is substantial. If you are charged, whether it is for misdemeanor simple possession or a felony such as drug distribution, your first order of business should be to retain an experienced criminal defense attorney who can guide you through the process.
If you are charged with a drug crime in Phoenix, it is important to consult the right lawyer. Drug offenses range significantly in terms of punishment. The most straightforward drug cases involve simple possession of drugs (other than methamphetamine). The more complicated ones tend to be large quantity drug sale cases. If you have been arrested for a drug crime in Phoenix, it’s important that you consult an attorney who has experience dealing with these matters.
At the Law Office of David A. Black, we specialize in criminal defense, and we represent clients charged with drug crimes on a daily basis. We know the law, we know the process, and we know how to handle your case in a manner that will provide you with the best outcome.
The Scope of Drug Charges
The scope of drug charges is substantial. They range from simple possession to drug manufacture and sale. Each crime contains different elements that must be proved by prosecution, and the potential penalties vary widely. Further, your case will, to a certain degree, depend upon the particular drug in question.
The following are examples of some of the more commonly charged drug crimes:
- Simple Possession – Drug possession may be a misdemeanor or a felony, depending upon such factors as the type of drug involved. Marijuana, for example, is treated differently than methamphetamine. In addition, recent legislation prohibits the imposition of jail time for certain non-violent drug users. Your attorney will tell you whether you qualify for protection under this law. The result will depend upon questions such as whether this is your first offense, and which drug is involved. Methamphetamine charges do not qualify for this protection.
- Methamphetamine – Considered a more dangerous drug than marijuana or even narcotics, methamphetamine possession with intent to sell, or sale of methamphetamine, is a Class 2 felony carrying a mandatory prison sentence.
- Possession with Intent to Sell – Just how do the police determine if someone intends to sell drugs? Possession may or may not be sufficient, depending upon the quantity possessed. Witness testimony, and the alleged possession of other things (for example, a large amount of cash), can be used by the prosecution to prove its case.
- Sale of Drugs – Again, the penalties vary with the particular drug involved.
- Manufacture and/or Cultivation of Drugs – With tighter controls over the transportation of drugs from outside the U.S., there has been a corresponding increase in local manufacture of illegal drugs. The charge could involve anything from growing marijuana plants, to operating a full-scale manufacturing facility.
- Importation of Drugs – As with many drug charges, the evidence in drug importation cases often includes drugs that have been seized by the police . A major issue in the defense of these charges is the legality of the search and seizure, and this will determine if the evidence can be used in court.
The above list is not intended to be exhaustive, but should give you an idea of the complexity of the issues which present themselves in drug cases. It also points out the wide disparity in potential penalties. Clearly, your best course of action is to retain an attorney experienced in drug cases as your advocate.
The Law Office of David A. Black – Experience Counts
As a former prosecutor who now devotes his practice almost exclusively to criminal defense, David Black has the experience you want if you have been charged with a drug offense. Day in and day out, he represents clients charged with drug-related crimes. He is familiar with the prosecutorial staff in Phoenix, and regularly appears before the judges there. Our office has recently obtained dismissals for clients charged with possession of narcotic drugs for sale; conspiracy to possess narcotic drugs for sale; and possession of drug paraphernalia, among others.
For a free, confidential consultation, call (480) 280-8028 today.
February 9, 2015