Dangerous Drugs Possession

Dangerous Drugs - Criminal Defense Lawyer in Arizona

Arizona Dangerous Drug Laws | Possession | Defined | Arrest | Penalties | Defense

Possession or Use of Dangerous Drugs in Arizona

Arizona criminal dangerous drug laws provide that you may be charged and convicted of a dangerous drug crime if you have either possessed or used a classified dangerous drug. Therefore, even if you had not used for some time but had the dangerous drug in your possession you are finding yourself faced with felony charge

Dangerous Drugs Defined in Arizona

Arizona Law is extremely specific and comprehensive with regard to “Dangerous Drugs”. The definitions, classifications, specific drug types and names can be found in A.R.S. 13-3401. 6, 6 (a) (i) to (xxiii) which begins in part as follows:

A.R.S. 13-3401. 6 "Dangerous drug" means the following by whatever official, common, usual, chemical or trade name designated:

(a) Any material, compound, mixture or preparation which contains any quantity of the following hallucinogenic substances and their salts, isomers, whether optical, positional or geometric, and salts of isomers, unless specifically excepted, whenever the existence of such salts, isomers and salts of isomers is possible within the specific chemical designation…”

Just to name a few, examples of drugs considered dangerous include methamphetamines known as meth; ecstasy; hallucinogenic drugs such as mushrooms, LSD , PCP; amphetamines, anabolic steroids, Clonazepam and many more. See the Arizona law A.R.S. 13-3401. 6, 6 (a) (i) to (xxiii) for the extensive list.

Possession or Use of Dangerous Drug Laws

Arizona Drug Law regarding possession or use of dangerous drugs “A.R.S. 13-3407 reads in part as follows:

“A.R.S. 13-3407. Possession, use of dangerous drugs

  1. A person shall not knowingly:
  1. Possess or use a dangerous drug…”

What is important to note about this drug law is that to be convicted of a possession or use crime involving “Dangerous Drugs” in Arizona, two elements must be proven by the Prosecution:

  1. That you “knowingly” possessed or used a dangerous drug; and

  2. The substance was in fact a dangerous drug.
Arrested for Dangerous Drug Charges

If you are arrested in Phoenix AZ for a “dangerous drug” crime you will likely be detained, and taken into police custody immediately. You will then be brought before a judge to set release conditions. The court may require a bond be posted to secure your presence for your court date. You must appear for your scheduled court date (and on time). “Failure to appear” will result in a warrant for your arrest. You should consult the Law Office of James Novak as soon as you are released initially from custody; get formal criminal drug charges; or a summons by mail. Early retention allows the Law Office of James Novak to gather evidence, tailor, build and present the most effective criminal defense for your Arizona felony drug charges.

Penalties for Arizona Dangerous Drug Convictions

Criminal sentencing for a Phoenix dangerous drug crime conviction can be severe. This is can be the case even if it is your first offense. Depending on the circumstances surrounding your charges, and the strength of the evidence, you may be exposed to prison, jail, probation, drug testing, fines, and community service. A conviction for a dangerous drug crime can be classified as any one or more of a class two, three, or four felonies depending on the circumstances. The penalties are more severe if a weapon was involved.

Possession or Use of Dangerous Drug Defense Lawyer

An experienced drug crimes defense attorney can tailor and build an action plan to challenge your dangerous drug charges. You only get one opportunity to get your case dismissed. The police may have violated your rights or the police procedures in handling of your case. James Novak, Criminal Defense Attorney will examine your case to determine the best defense strategy for your case, that will likely render you the most favorable outcome. If you face possession or use of “Dangerous Drug” charges, or any other drug charges in Arizona, call (480) 413-1499 for your free consultation!

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