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What to Expect If You’re Arrested for Drug Possession

If you find yourself under arrest for drug possession in Arizona, it's essential to have an idea of what lies ahead. This will allow you to be better prepared and to protect your rights throughout the process.

What Is Drug Possession in Arizona?

In Arizona, drug possession is generally defined as the illegal holding or usage of a controlled substance. 

To be charged and convicted under this definition, you must be engaging in one of the following behaviors:

• Actual Possession: Actual possession means you physically have drugs on your person – for example, in your pocket or handbag. 
• Constructive Possession: Constructive possession means the drugs are not on you but in a place over which you exercise control – like a locker or car trunk. Though not found physically on your person, it's the location and access to them that indicates ownership.
• Joint Possession: Joint possession refers to scenarios where drugs are shared between two or more individuals who have mutual control or ownership of the substance. This can apply in situations where parties live together, and both know about and consent to the presence and accessibility of drugs within their shared environment.

If you find yourself facing possession charges, it’s essential to consult an Arizona criminal defense lawyer as soon as possible.

What Happens After You’re Arrested for Drug Possession?

After you’re arrested for drug possession, you can anticipate a series of legal steps that will determine the immediate and long-term outcomes of your case. Here's what generally occurs:

You Are Taken to the Police Station

After you are arrested, law enforcement will take you to the police station. While it might be tempting to try and explain your side of the story to clear things up, this could be detrimental. 

Speaking without an attorney present can inadvertently harm your defense, as anything you say can be used against you in court. It's essential at this point to exercise your right to remain silent until legal representation is by your side.

Arraignment

Next comes arraignment – your first hearing in court. The judge will read out the charges that have been filed against you and will ensure you are aware of your right to an attorney. During the arraignment, bail is also typically set, which can range from being released on your own recognizance (without paying money) to having to pay significant amounts to get out of custody. This depends on factors such as your prior criminal history and the severity of charges.

Status Conference

The status conference is essentially a pre-trial meeting between you (the defendant), your defense counsel, and the prosecutor – or, in some cases, just your attorney and the prosecutor. At this meeting, there's a chance to review the charges in your drug possession case and discuss how to move forward. 

Outcomes can vary significantly. You might find that the prosecution has decided not to pursue the case, leading to a dismissal of charges. There could be negotiations for a plea deal where you agree to plead guilty in exchange for lesser charges or reduced sentencing. 

If neither of these things happens, your case will be prepped for further judicial proceedings. This typically involves setting dates and discussing motions that may control how the trial proceeds.

Preliminary Hearing

A preliminary hearing takes place if you have been charged with felony drug possession. At this hearing, the prosecution presents evidence to try to establish that there’s probable cause to proceed with charges against you in court. Your defense attorney can counter these arguments and challenge evidence to try to get your charges dismissed by the judge. 

Trial

If your case progresses beyond a preliminary hearing without resolution, it moves to trial. Your attorney will present evidence in support of your defense and work to negate the prosecution's claims. If you are convicted, you will be sentenced by the judge. 

Contact an Experienced Arizona Drug Crimes Attorney For Help After an Arrest for Possession

When dealing with drug possession charges, having skilled legal representation is critical. Contact us today to schedule a free consultation with our Arizona drug crime defense lawyers.