Proof of Knowledge

Possession Conviction

Phoenix Drug Crime Defense Lawyer

Arizona Drug Defense - Knowledge Required for Conviction

If you did not have "knowledge" that illegal drugs were in your possession, your Arizona criminal defense attorney will present compelling arguments that may lead to a dismissal or acquittal of your drug charges.

Let's say illegal drugs were found by Phoenix Police in a vehicle you borrowed from a friend; As a result, you were arrested and taken into custody for possession of an illegal drugs. In such event you should contact an Arizona criminal defense lawyer before you plead guilty to charges. While you may have been arrested, that does not mean you are guilty or will be convicted of the crime. Under Arizona drug law, you must not only be in possession of the illegal drug, but you must "knowingly" possess the illegal or dangerous drug. A good AZ criminal defense firm such as the Law Office of James Novak will examine your case and present compelling arguments on your behalf based on the facts of your case.

Arizona Drug Laws

Convictions for Drug Possession, Require that the Defendant had "Knowledge" that the Drugs were in their Possession.

"A.R.S. Title 13 Chapter 34: 13-3405" reads in part as follows:

"A.R.S. 34: 13-3405 Possession, use, production, sale or transportation of marijuana; classification
A. A person shall not knowingly: (emphasis added)..."

"Knowingly" as Defined under Arizona Law:

Under Arizona Law "knowingly" is defined in A.R.S. 13-105. 10. (b) which reads in part as follows:

A.RS. 13-105.10 (Paraphrased) "Knowingly" means, with respect to an offense or violation of a drug law or laws, that the person is aware or knows that the circumstance themselves exist. For purposes of conviction, it does not matter whether or not the person realized or knew that the conduct was unlawful.

In other words the description of "Knowingly" as it applies to drug possession the following can be said: It doesn't matter if you knew that drug possession was or was not against the law, you can be convicted, if you knew the drugs were in your possession. Moreover, you may have been completely unaware that it was against the law to have the Marijuana (or other illegal drugs). You do not have to realize it's against the law to have an illegal drug in your possession; if it is found to be in your possession, you can still be convicted.

In order for the Arizona Prosecution to convict you they must prove that you "knowingly" possessed the illegal drugs or dangerous substances that led to your charges or arrest. This is not always an easy task for the prosecution. An experienced criminal defense or drug defense attorney can present compelling and effective arguments to the contrary. Lack of evidence or proof beyond a reasonable doubt, of your knowledge, weakens the prosecution's case against you. Note, if the Arizona prosecution will press that you had knowledge, or should have had knowledge in order to get a conviction. Your Arizona drug defense lawyer will present compelling arguments to the contrary in your defense, based on the facts surrounding your case If successful, it can lead to a dismissal or acquittal of your case.

The Need to Hire an Experienced Drug Defense Lawyer Phoenix AZ

If you were arrested or face active Arizona drug charges you should consult an experienced drug defense attorney to discuss your matter charges and defense options. A good criminal defense attorney will be able to defend your AZ drug charge. The Law Office of James Novak exclusively defends Arizona criminal, drug, and DUI charges regularly defends cases throughout the courts valley-wide in Maricopa County, AZ. James Novak will personally handle all aspects of your defense. He understands the drug laws in depth, and is a former criminal, DUI and drug charge prosecutor in Maricopa County. You may or may not need or want a trial, however, as an experienced trial lawyer; James Novak understands what is needed to defend your charges, and what defense strategies will reap the most favorable outcome in your case. He will make every effort to get your drug charges dismissed, regardless of how grim your situation may appear. In the alternative, he will do everything possible to reduce or eliminate a jail or prison sentence, or get the otherwise best possible outcome in your case. He will make sure your rights are protect you are treated fairly, and provide a solid effective defense for your drug charges.

Call experienced criminal defense attorney, James Novak. The Law Office of James Novak exclusively defends Drug Charges, DUI and criminal cases in Maricopa County. James Novak provides legal representation defense services for charges that occurred in Phoenix valley-wide including: Phoenix, Mesa, Tempe, Chandler, Gilbert, and Scottsdale Arizona or surrounding cities. Let the Law Office of James Novak defend your charges. Don't plead guilty before contacting the Law Office of James Novak at Call (480) 413-1499 for your free initial consultation.

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