Last year Maricopa County Superior Court reported that of 99.8 percent of terminated criminal cases, only 2.2 percent went to trial.

The United States Sentencing Commission (USSC) reported similar statistics in 2016. The USSC reported 97.3 percent of criminal cases were resolved without trial, while only 2.7 percent went to trial.

A majority of defendants opt for plea deals or deferred prosecution when made available to them, to avoid the uncertainties of trial verdicts, and harsh sentencing.

Prosecutors are encouraged to pursue plea agreements in criminal cases, and offer diversion programs when possible, to reduce court caseloads and to preserve the resources needed to conduct trials.

Defendants must also consider whether or not their statements made for purposes of plea negotiations or deferred sentencing, may be used against them if the charges are later prosecuted.

Recently, the Arizona Supreme Court reviewed a case in which the defendant opted to participate in deferred prosecution, but did not complete it. The Court considered the question of whether statements made by a defendant in connection with his deferred prosecution agreement were admissible.

Arizona Supreme Court Opinion

The case arose when a security guard found the defendant with marijuana in a restroom. The defendant was charged with a class 6 felony for possession or use of marijuana and participated in plea discussions.

The defendant rejected a plea agreement during a comprehensive pretrial conference. Shortly thereafter, his charge was reduced to a class 1 misdemeanor.

The defendant was extended an offer to participation in a drug treatment program, for which he agreed in exchange for deferred prosecution.

After accepting the deferred prosecution agreement, the defendant met with a representative of the diversion program to register. During the meeting which he attended with his attorney, the defendant completed a form that stated he understood his Miranda rights.

On the program’s statement of facts form, the defendant signed an agreement indicating that he understood that his statements could be used against him if he failed to complete the diversion program.

He admitted on the form that the marijuana was found in his possession on the floor.

A few months later, the State resumed the prosecution because the defendant didn’t attend seminars as required. He had also tested positive for marijuana and alcohol, in violation of the program terms.

The defense moved to suppress statements he’d given on the program registration form arguing that since the statements were made as part of plea discussions, they should be protected by Rule 410. The trial court denied the motion.

The defendant was found guilty after a bench trial. He was sentenced to a year of probation with a suspended sentenced.

He appealed the conviction. The court rejected the argument on appeal that his statements were inadmissible. The appeals court held that the defendant did not make admissions to a prosecutor during plea discussions and he had waived protection of Rule 410.

The appellate court held that Rule 410 didn’t apply because (1) discussions about deferred prosecutions weren’t plea discussions; and (2) those statements were given after he had rejected a plea offer.

The Court noted that the defendant had gone to the settlement conference where he’d gotten deferred prosecution with his father, his attorney, a prosecutor, and court commissioner present. No other options besides deferred prosecution were brought up at the hearing.

The defendant’s father had been corrected by the commissioner and prosecutor when he mistakenly said the son would have to plead guilty to participate in the program. The court explained that in deferred prosecution, a guilty plea is not entered. The defendant talked to his father before completing the registration paperwork, which included the form in which he admitted he possessed marijuana.

The Court took note that at no point was the defendant offered a plea deal. It explained that in a plea discussion the prosecution negotiates with the defendant about pleading guilty or no contest in exchange for a concession. In contrast, in a deferred prosecution discussion, they negotiate about whether the defendant will join a special program that results in a deferment or diversion before the guilty plea or a trial. When a defendant completes this program, his charges will be dismissed entirely. In contrast, a guilty plea never results in a dismissal since the defendant formally admits he committed a crime.

The Court held that Rule 410 and Arizona Rule of Criminal Procedure 17.4(f) didn’t apply to discussions about deferred prosecutions. It clarified that the appellate court was incorrect in holding Rule 410 didn’t apply only because he’d rejected a plea deal.

The Court also stated that the representative of the diversion program wasn’t an agent of the prosecutor for purposes of negotiating a plea. The defendant argued the representative was a state agent because the county attorney’s office name appeared on the forms. The Court rejected the idea that this made the diversion program representative a prosecutor’s agent for purposes of plea discussions, noting again he didn’t negotiate a plea.

Finally, the defendant argued his waiver agreement didn’t specify Rule 410. The Court explained a knowing waiver of Rule 410 only required that the defendant know the nature of the rights being abandoned and the consequences. He was specifically told by the prosecutor that if he failed the diversion program, the paperwork for the program could be used against him for trial. He was also told he could go to trial instead of making an admission. The drug conviction was affirmed.

3 Things You Should Know About Deferred Prosecution, Plea Deals & Legal Representation

Below is an overview of their framework, and the importance legal representation in these agreements:

I. Deferred Prosecution – 1) You do not plead guilty. Instead, you agree to participate in a special program when and if, made available to you by the court as an alternative to prosecution of particular types of criminal charges. 2) After successful completion of the program your charges will be dismissed. If you fail to complete the program the state will continue to prosecute the charges. 3) Any statements made in pre-trial discussions or written statements prerequisite to the program can be used against you.

II. Plea Agreement – 1) You must plead guilty.In a plea arrangement you are required to enter a guilty plea in exchange for a leniency in sentencing. 2) After an agreement is reached, the presiding judge will either approve or reject the plea agreement at their discretion. If the parties cannot reach an agreement the case will go to trial. 3) Statements that might otherwise be incriminating that were made to further plea discussions cannot be used against you, if you later decide not to accept the plea agreement.

III. Legal Advocacy – 1) Whether your matter involves a plea agreement or deferred prosecution, you should obtain legal representation as soon as possible. 2) In the least you should consult an attorney before your first court appearance which is usually the arraignment. If the prosecution extends an offer and you do not have an attorney, they often are unwilling to offer more favorable terms if you decide later to hire one. 3) Deferred prosecution is an offer made by the prosecution. However, defendants are sometimes surprised to learn that they do not qualify for the program, or that the court does not offer deferred prosecution for their charges. An experienced criminal defense attorney can help you to explore your options, make sure your rights are protected, and work to help qualify you for the program if it is available. If a plea agreement is involved, your criminal defense attorney will make sure that the plea terms are fair, constitutional, and the most favorable that can be obtained based on the circumstances of your charges.

Criminal Defense Attorney for Deferred Prosecution, Plea Agreement and Trial Mesa AZ

Possession of marijuana outside of the provisions of the Arizona Medical Marijuana Act is still illegal in this state. Those found guilty of marijuana possession, will be exposed to harsh felony sentencing.

The state imposes prison sentencing of ranges from 6 months to 1.5 years for possession of less than 2 pounds for personal use, felony records, fines, fees, assessments, participation in a substance abuse program, and any other penalties the court deems necessary.

For these reasons it is important to consult and retain an experienced criminal defense attorney to represent you in your charges. You will need an attorney with strong litigation and negotiation skills, and one who is familiar with the courts and rules of procedure in the jurisdiction where you were arrested.

James Novak, criminal defense attorney, is a former prosecutor in Maricopa County, with over 20 years of experience in handling criminal cases. He provides a free consultation for clients who face active charges in Mesa, Tempe, Phoenix, Chandler, Gilbert, and Scottsdale Arizona.

If retained, James Novak of the Law Office of James Novak will evaluate your case, the evidence, and all circumstances surrounding the incident. He will work with you closely to determine the best defense strategy and work to maximum your freedom and work vigorously to obtain the most favorable resolution for your charges.

Contact or call Attorney, James Novak at (480) 413-1499 for your free initial consultation. He will speak with you directly and in strict confidence to discuss your criminal matter, and defense options.

Additional Resources:

• TASC Solutions Mesa AZ
• Arizona TASC Program | Deferred Prosecution
• Fifth Amendment of the U.S. Constitution
• Sixth Amendment of the U.S. Constitution
• Miranda Rights | Miranda v. Arizona
• Arizona Criminal Sentencing Chart 2016/2017
• Arizona Rules of Criminal Procedure 410 (a) (4) | Plea Discussions
• Arizona Rules of Criminal Procedure 17.4 (a) | Plea Negotiations and Agreements
• Arizona Rules of Criminal Procedure 38.3 | Dismissal of Prosecution
• R.S. 13 – 4423 | Plea Discussions
• Statewide Superior Court Trial Statistics
• Arizona Court Annual Statistics
• A. R.S. 13 – 3405 | Arizona Marijuana Possession Laws
• A. R.S. 11 – 361 | Special Supervised Diversion Program
• Arizona Department of Corrections | Counseling and Treatment Services
• United States Sentencing Commission | Sentencing Statistics

Other Articles of Interest from our Award Winning Blog:

• How to Protect Your Rights under the Unconscious Clause
• Three Things You Need to Know about Your Miranda Rights
• Your Right to Request Change of Judge in Arizona Criminal Court
• What You Need to Know about the Medical Blood Draw Exception
• How to Protect Your Rights and Avoid Self-Incrimination

AZ Drug Possession Laws are strict and the Criminal Justice System is complicated. If you face drug possession charges in Arizona or were arrested for drug charges, you should consult a criminal Attorney who frequently defends drug charges as soon as possible. The severity of a drug possession charge depends significantly on the amount found in your possession. The quantity involved is a substantial factor for the police to determine if the AZ drug charges will be elevated to possession with intent to sell, illegal drug sales, or distribute drugs which are extremely serious felony drug charges.

Whether your drug arrest or drug charges were in Tempe AZ, Phoenix AZ, Chandler, AZ, Scottsdale AZ, Gilbert AZ, Mesa, AZ or any city within Maricopa County or other Counties in Arizona makes no difference. Every city in Arizona falls to the rule of law Arizona State Laws. The definitions, classifications and penalties are comprehensively outlined in the following criminal code: Arizona Revised Statutes: “A.R.S. 13 Chapter 34 DRUG OFFENSES 13-3401…13-3461”.

Arizona Drug Classifications

Arizona classifies its drugs in a basically by three main types (Note the examples are not all inclusive).

1. Dangerous drugs: LSD, ecstasy, methamphetamines, steroids, hallucinogenic mushrooms, clonazepam, lorazepam

2. Narcotics: cocaine, heroin, opium, morphine, oxycodone 3. Marijuana: Also known as pot, weed, cannabis

Drug Possession Penalties in Arizona

Many defendants, who face Arizona drug possession charges want to know if they will be placed on probation, go to jail or worse to prison if they get a conviction for their AZ drug possession charges. The sentencing could include any, a combination or all of these penalties depending on many factors including by not limited to:

1) Quantity of the drug found in your possession;

2) Type or class of drug found in your possession;

3) Purpose of the drug found in your possession (personal use or intended sales);

4) Repeat offense v. first time offense;

5) Prior criminal record if any;

6) Other charges cited in addition to the drug possession charges;

7) Other aggravating factors surrounding the arrest;

8) Whether or not you may be eligible and qualify for participation in a diversion program which includes drug counseling.

Arizona Drug Possession Attorney – Criminal Defense

You will need to consult and hire the best Arizona drug defense attorney possible with a vast amount of litigation and defense experience in AZ Drug defense. They will need to be highly skilled and be capable of building a solid defense against your drug charges. Make sure they are assertive and proactive, extremely familiar with the Criminal Justice System and will utilize every possible defense in your favor, and present compelling arguments that will effectively lead to securing reduced charges, or a total dismissal of your drug possession charges.

For more criminal defense or DUI defense tips, free videos, and free dui defense books, visit http://www.arizonacriminaldefenselawyer.com If you have been arrested for any Arizona DUI other criminal charge contact the Law Office of James Novak, for your Free Consultation at 480) 413-1499. Speak directly with experienced Arizona criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).

The Law Office of James Novak is devoted to handling 100% DUI, Drug & criminal cases in Arizona within Maricopa County valley-wide. This post was intended to provide general information only and is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstance.

If you face Phoenix Marijuana (also known as Pot, Cannabis, or Weed) sales charges, you should consult a Marijuana lawyer or criminal defense attorney who defends Marijuana drug charges in Phoenix, AZ. If convicted, you will be subject to serious punishment. Arizona takes Marijuana sales charges very seriously and it is reflected in penalties for convictions. The most serious Marijuana charges are for Production, Manufacturing, Distributing, or Selling in Phoenix, Arizona. Possession of drugs with the intent to distribute them is also a serious crime.

Arizona Criminal Code 13 comprehensively outlines Marijuana laws in “A.R.S. 13-3405. Possession, use, production, sale or transportation of marijuana; classification” and summaries are Paraphrased below:

Phoenix Marijuana sales charges fall under the rule of Arizona State Law sentencing guidelines for Marijuana sales, Marijuana trafficking and Production:

Sale of Marijuana

• Under 2 lbs = Class 4 felony;

• between 2-4 lbs = Class 3 felony;

• over 4 lbs= Class 2 felony:

Trafficking/Producing Marijuana

• less than 2 lbs.: Class 5 felony;

• between 2-4 lbs.: Class 4 felony;

• Over 4 lbs.: Class 3 felony;

• Transporting/importing: less than 2 lbs.: Class 3 felony; Over 2 lbs.: Class 2 felony Factors that determine the severity of Penalties and Convictions that will apply

• The quantity of Marijuana found for sale or intent to sell • Prior criminal record • Prior Marijuana possession or sales convictions

• Strength of facts and evidence of Arizona drug offense

Penalties for Marijuana Sales:

1. The first tier begins at from 1 ½ to 3 years in Jail with fines that range from $750.00 o $150,000.00 for less than 2 lbs for sales conviction

2. The next tier is 2 lb to 4 lbs. with sentencing for conviction subject to 2 ½ to 7 years of jail time and fines ranging from $750-$150,000.00 for Marijuana sales.

3. The third tier is for anything over 4 lbs. with sentencing for conviction that includes 4 to 10 years of jail time and fines ranging from $750-$150,000.00 for Marijuana sales.

What an Experienced Phoenix Marijuana Defense Lawyer can do to Defend You

The charges are too serious, jail and prison sentencing so severe, costs fines and fees so financially devastating, that it is simply too risky and dangerous to attempt to go without good Phoenix Legal Representation for Marijuana sales charges. You best chance at a good outcome is to hire a good drug defense, criminal defense, or Marijuana sales defense lawyer to defend your case. A good Phoenix Marijuana Criminal Attorney can fight to get you fair treatment in court, make sure your constitutional rights are not violated, minimize the impact the charges can have on your life, challenge evidence for suppression (so that it can not be used against you), attempt to get charges reduced, or the achieve the ultimate goal of getting the charges dismissed.

It is critical that you consult an Arizona Criminal Defense Attorney, Marijuana Lawyer, or Drug defense attorney who defends these cases on a regular basis in Phoenix Courts. An experienced Litigation or Phoenix criminal defense lawyer will gather the evidence; investigate further; interview witnesses; find out if any of your constitutional rights were violated, or if any entrapment issues exists. With a Phoenix criminal attorney your chances of getting the best outcome in your case will significantly increase.

If you have been charged with any Phoenix Arizona Marijuana possession, sales, cultivating, manufacturing, distribution, or any other Drug charges, Felony Drug, Dangerous Drug, Narcotics, Domestic Violence, Disorderly Conduct, Disturbing the Peace charges, Domestic Violence, Assault, Aggravated felony assault, DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI, any Arizona DUI, Drug DUI, or any other criminal charge including theft, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Arizona Criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).

The Law Office of James Novak is devoted to handling 100% DUI, Drug & criminal cases in, Tempe, Chandler, Mesa, Phoenix, Gilbert, Scottsdale Arizona and surrounding areas valley-wide within Maricopa County, Arizona. This post was intended to provide general information only and is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstance.

If you were arrested in Chandler, AZ or face Marijuana (also called Pot, Cannabis, or Weed) sales charges in Chandler, you should consult a Marijuana defense lawyer or criminal defense attorney who defends cases in Chandler AZ courts frequently. Marijuana Sales convictions carry severe penalties in the State of Arizona. Sentencing and penalties for convictions are most severe for Marijuana Production, Manufacturing, Distributing, or Sales in Chandler, Arizona.

AZ Marijuana Charges fall within the law of the State of Arizona Criminal Code 13 which describes Marijuana law as found in “A.R.S. 13-3405. Possession, use, production, sale or transportation of marijuana; classification”.

Sale of Marijuana Classifications • Under 2 lbs = Class 4 felony; • between 2-4 lbs = Class 3 felony; • over 4 lbs= Class 2 felony:

Trafficking/Producing Marijuana • less than 2 lbs= Class 5 felony; • between 2-4 lbs = Class 4 felony; • Over 4 lbs= Class 3 felony; • Transporting/importing: less than 2 lbs = Class 3 felony; Over 2 lbs.: Class 2 felony Factors that determine the severity of Marijuana Penalties and • Quantity of Marijuana alleged to be for sale or intended to sell • Any prior criminal history • Any prior Marijuana convictions • Strength of the prosecution’s evidence and case against you.

Marijuana Sales Penalties if convicted : 1. Sentencing begins with 1 ½ to 3 years in jail. Fines range from $750.00 to $150,000.00 for less than 2 lbs that you possess for sales or intent to sell. 2. Sentencing for conviction subject to 2 ½ to 7 years of jail time and fines ranging from $750-$150,000.00 for Marijuana sales for 2lbs to 4 lbs in your possession for sale or intent to sell conviction. 3. Sentencing for anything over 4 lbs., conviction include 4 to 10 years of jail. Fines range from $750-$150,000.00 for Marijuana sales or intent to sell in your possession conviction.

Criminal Defense Attorney Chandler, AZ Going unrepresented by a good private practice Chandler AZ Drug defense Attorney or Chandler criminal defense lawyer is the fastest way to get convicted. There is too much to lose to attempt to go unrepresented. You need a strong criminal defense attorney to frequently defend charges in Chandler AZ to represent you for Marijuana Sales charges. They know and understand the Courts system, procedures, law, and the defenses that can be used to challenge your Marijuana charges. Hiring a good private practice criminal defense or drug defense lawyer is your best chance to get a good outcome for your Marijuana sales charges. A good Chandler Marijuana Criminal Defense Attorney will make sure your get you fair treatment in court; your constitutional rights are protected; minimize the impact the charges; challenge evidence for suppression, attempt to get charges reduced, and make every effort if possible to get your Marijuana Sales Charges dismissed.

A good private practice criminal defense or drug defense attorney who defends cases frequently in Chandler will gather and examine evidence; conduct their own independent investigate; interview witnesses; utilize experts if necessary, find out if any of your constitutional rights were violated, and determine which of many defenses can be used based on the circumstances surrounding your charges. Most criminal attorneys, who defend drug charges in Chandler AZ, provide a free consultation. You have nothing to lose, and everything to gain from a free consultation. Think of it as your first step to fighting for your freedom and getting a second chance.

more If you have been charged with any Chandler Arizona Marijuana possession, sales, cultivating, manufacturing, distribution, or any other Drug charges, Felony Drug, Dangerous Drug, Narcotics, Domestic Violence, Disorderly Conduct, Disturbing the Peace charges, Domestic Violence, Assault, Aggravated felony assault, DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI, any Arizona DUI, Drug DUI, or any other criminal charge including theft, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Arizona Criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).

The Law Office of James Novak is devoted to handling 100% DUI, Drug & criminal cases in, Tempe, Chandler, Mesa, Phoenix, Scottsdale, Gilbert, Arizona and surrounding areas valley-wide within Maricopa County, Arizona. This post was intended to provide general information only and is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstance.

If you have been arrested or charged with possession of Marijuana (Cannabis, Pot) in Chandler, AZ you should consult a Marijuana Lawyer who defends and litigates Chandler Marijuana charges or frequently defends drug charges in Chandler Court. Although Marijuana Possession charges are the most common of all Arizona drug charges, it does not reduce the adverse impacts, penalties or give cause for leniency by the Chandler Court if convicted. Marijuana Penalties in Chandler, AZ Penalties for possession of Marijuana in Arizona are based on the quantity of the substance found in your possession, and your intended purpose for it such as personal use, sales, distribution, or other reason.

• Under 2 lb charged = Class 6 felony; • 2-4 lbs = Class 5 felony; • 4 lbs. and over = Class 4 felony; fine of not less than $750 or 3 times the value of the controlled substance, whichever is greater.

If your Marijuana charges were for possession, with no intent to sell it, you may be eligible for “deferred sentencing”. This means you may be eligible for an offer of what some call a “second chance”. Everyone is not entitled to this automatically. The court must offer it after consideration to determine if you qualify. Qualification is based on circumstances surrounding your charges, any prior criminal convictions, repeat offenses, and other related factors.

Deferred Sentencing requires probation. If the term of probation is completed, your charges may be dismissed. But if the probationary period and or any other related court orders during that time are violated, you could be subject to the original potential sentencing for the Marijuana possession charges. A good Marijuana Lawyer who defends cases often in Chandler Court will do everything possible to obtain the deferred prosecution to get the charges dismissed.

If you do not qualify for deferred prosecution, the best Marijuana possession Lawyers who defend drug chares in Chandler, AZ will do everything possible to get your case dismissed, secure lesser charges, or in the least a significantly better outcome in your case, than would have otherwise been possible.

Arizona Marijuana Laws If you receive Marijuana possession charges in Chandler, AZ the charges are subject to the rules of the Arizona State Laws. Marijuana classifications, and penalties are outlined under Arizona Statutes Criminal Code 13 – Specifically, A.R.S. “13-3405. Possession, use, production, sale or transportation of marijuana; classification…”

Marijuana Lawyer -Defending your Marijuana Charges Good Marijuana Lawyers or criminal defense attorneys who frequently defend charges in Chandler Court will gather and examine the evidence. They will then determine a defense strategy, and mount a defensive case against the Chandler prosecutions case. Your Marijuana Lawyer defending your Chandler drug charges will make sure your constitutional rights have not been violated during any of the processes. This happens frequently in search and seizure of drug situations. They will determine if any of the evidence has cause to be challenged and potentially suppressed (meaning that particular evidence can not be used against you).

There are many defenses that can be used to defend Marijuana charges. An experienced litigator or good Chandler Marijuana Lawyer will know which defenses will be most effective in defending your case. The ultimate goal is always case dismissal. If that can not be achieved then the next steps are to try to get the charges and sentencing reduced, and the otherwise best outcome in your case.

more If you have been arrested for any Chandler, AZ DUI other criminal charge contact the Law Office of James Novak, for your Free Consultation at 480) 413-1499. Speak directly with experienced Arizona criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).

The Law Office of James Novak is devoted to handling 100% DUI, Drug & criminal cases in Chandler and within Maricopa County valley-wide. This post was intended to provide general information only and is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstance.