If you are charged or arrested for Marijuana (also known as pot, grass weed, or cannabis) use, intent to sell, or illegal Marijuana Sales in Arizona you may potentially face a felony drug conviction and criminal record. These are very serious charges in Arizona and carry harsh penalties. You should consult an experienced marijuana defense attorney at the Law Office of James Novak to discuss your charges and defense options.Arrested on Marijuana Possession charges in Arizona
Most people charged or arrested for marijuana possession usually receive a summons to go to court for felony drug charges. If the amount of marijuana possessed is not for sale and has a weight of less than two pounds the charge is a class 6 felony. If the amount was greater or you were charged for the allegation of selling marijuana then you would receive a higher felony charge up-to a class 2 felony.Arizona Marijuana Use and Possession Laws
In Arizona the most common criminal charges involving marijuana includes either possession or use of marijuana. A.R.S. 13-3405. Possession, use of marijuana reads in part as follows:
“A.R.S. 13-3405. Possession, use of marijuana
A. A person shall not knowingly:
1. Possess or use marijuana….”
In order for the Prosecution to pursue a Marijuana use or possession conviction, they must prove that two elements existed in your case:
- You knowingly possessed and/or used marijuana; and
- The substance was in fact marijuana.
Arizona defines “knowingly” under A.R.S. 13-105. 10. (b): (Paraphrased and explained) "Knowingly" in the context of drug possession means having knowledge that Marijuana was in your possession. It does not matter if you knew that possessing them was against the law or not. In other words, if you were arrested for use or possession of Marijuana, you can be convicted if you did in fact possess it, but did not know it was illegal.Possession of Marijuana Defenses
Experienced Marijuana defense attorney, James Novak, will evaluate your case and the evidence to determine the best defense strategy for your case. The defense will be tailored to the facts and evidence of your AZ Drug; and what defense will most likely allow for the best outcome in your favor. Some common defense strategies used, may include the following (List not exhaustive):
- The Marijuana was not yours;
- You had no knowledge of it being in your possession;
- The Police officer who arrested you made an illegal stop of your vehicle;
- The Police did not have a valid search warrant when they searched your home;
- The Substance you possessed was not Marijuana;
- Other violations of your constitutional rights not listed above occurred;
- Other defense strategies based on the facts in your case.
Depending on the facts and prior criminal record, a person convicted of a felony Marijuana charge in Arizona, may potentially be exposed to jail or prison; years of probation; exorbitant fines; community service; and drug counseling or treatment.Arizona Criminal Defense Attorney for Marijuana Charges
If you are arrested or charged with possession of Marijuana, Pot, or any other drug crimes in Maricopa County, contact the Law Office of James Novak, Drug Defense Lawyer in Arizona. James Novak is a former prosecutor, and experienced trial lawyer who has handled hundreds of drug cases for well over a decade. He exclusively defends Drug charges, DUI, and Criminal Defense in Maricopa County. The Law Office of James Novak, Drug Charge defense lawyer defends drug charges throughout greater Phoenix AZ, including, Mesa, Chandler, Tempe Gilbert, Scottsdale, and surrounding cities within Maricopa County. If you face active Marijuana or other drug charges, call the Law Office of James Novak and speak directly with experienced drug defense attorney James Novak at (480) 413-1499. The initial consultation is Free.
DUI, DWI, Drunk Driving, Drug & Criminal Defense
Call (480) 413-1499