Amphetamines are psychostimulant drugs. They speed up messages moving between the brain and the body. Doctors prescribe certain amphetamines, such as Ritalin, to treat attention deficit hyperactivity disorder (ADHD) and narcolepsy. However, there are also illegal amphetamines, which combine drugs, binding agents, sugar and caffeine. Amphetamine possession is a serious charge. Sometimes law enforcement officers build cases for a while before charges are brought. And Arizona prosecutors may pursue harsh sentencing in the event you are convicted. If you are charged with amphetamine possession, you should discuss your situation with James E. Novak. Mr. Novak is a seasoned Tempe criminal defense attorney. He is a former prosecutor and understands the strategies prosecutors use to secure convictions in situations involving drug crimes.Amphetamine Possession
You might assume amphetamine possession is not a serious charge. However, prosecutors in and around Tempe take amphetamine-related charges seriously, even when the only activity involved is simple possession. Depending on the type of drug involved, your criminal history, whether violence was involved, and your intended activities with the drug, whether personal consumption or sale, you could face extensive incarceration, fines, restitution, and other penalties. Since the penalties can be serious and a criminal record involving a drug crime can haunt you far into the future, you should retain a seasoned trial lawyer to represent you and determine a strong strategic defense.
Amphetamine possession is a class 4 felony in Arizona. A mitigated sentence, roughly meaning one in which there are extenuating circumstances we can prove, is 1 years. Generally, however, minimum prison sentence is 1.5 years. You could face up to 3 years and 9 months in prison with a first offense. However, if there are aggravating factors, such as weapons or other violence, or a criminal background, you could face a maximum of 16 years in prison.
Additionally, you should be aware that when police officers discover certain amounts of amphetamines in your possession, you can be charged with drug trafficking. Each controlled substance has a threshold amount. The threshold for amphetamine is 9 grams even if it is amphetamine in liquid suspension, you can be convicted of trafficking. Accordingly, if you are caught possessing 10 grams of amphetamine, you could face a harsh prison sentence and fines, even if you were simply planning to make use of it for personal consumption.Defenses
Even if you’re charged, and even if the government has substantial resources, your conviction is not assured. The government must prove its case for amphetamine possession beyond a reasonable doubt. If it fails to do that, it will not meet its burden. One potential defense is raising reasonable doubt either about the possession or about the substance involved in the incident.
Our Tempe lawyers may be able to build a strong procedural or constitutional defense. For instance, we may be able to show you were searched illegally or that the evidence was otherwise obtained illegally in a motion to suppress or motion in limine. In most cases, officers must have a warrant to search a home. However, there are exceptions to this general rule that would allow for a search without a warrant. Accordingly, it is critical to retain a lawyer who understands which motions to bring and how to make persuasive arguments that your rights were violated. Sometimes lab results are not properly obtained or served, and this, too, can be grounds for a motion to suppress.
There are situations in which it may be appropriate to assert other procedural defects in the prosecution’s case. For example, it may be appropriate for us to show that the chain of custody was broken regarding amphetamines. There are situations in which the defense we build involves complicated technical issues, such as calibration of a lab device. We work with experienced, credible experts and can bring them to the stand to testify on your behalf when that is appropriate.Hire Seasoned Arizona Drug Crimes Defense Attorney
Amphetamine possession charges in Tempe must be taken seriously. You should consult Mr. Novak. He may be able to represent you and provide a strong defense. He represents those accused in Phoenix, as well as Gilbert, Chandler, Mesa, and Maricopa County. Contact him at (480) 413-1499 or complete our online form.