Facing a drug possession charge in Tucson, AZ, can cause a lot of chaos and unease for defendants. You may be worried about what will happen next, whether you’ll end up with a permanent record, and how a conviction could affect your future and your reputation. With so much at stake, having a lawyer who knows how the laws work and what to do to fight back against these charges is essential.
Katsarelis Law Criminal Defense Attorneys can help you fight back. Our Tucson drug possession lawyers have 45 years of combined experience and know local laws, procedures, and courts inside and out. Contact us today for a free consultation at (520) 510-0439.
How Katsarelis Law Criminal Defense Attorneys Can Help if You’re Arrested for Drug Possession in Tucson, AZ
If you’re accused of drug possession, having an attorney on your side who knows how to approach these charges can make an immediate difference in your case. Here’s how our Tucson drug crimes lawyers can assist:
- We look at every detail of your arrest to look for mistakes by police, such as illegal searches, that could get evidence thrown out.
- Our team reviews lab results and the chain of custody in drug testing to see if the evidence against you is accurate and reliable.
- We identify when clients might be eligible for diversion or treatment programs that could help avoid a conviction.
- Our attorneys fight to reduce the charges or penalties through plea deals, especially in cases involving small amounts or first-time offenses.
If you have any questions about drug charges in Tucson, Arizona, we’re here for you. Contact our law offices today for a free case review.
Overview of Drug Possession in Arizona
To convict someone of drug possession, the prosecution has to prove two main things beyond a reasonable doubt:
Knowledge and Control
First, they need to show that you had actual knowledge and control over the drugs. Just being in a room or vehicle where police find narcotics is not enough for a conviction. The state must present evidence that links you personally to the drugs, showing you either had them in your possession or had authority over where they were kept.
Item in Question is a Narcotic
Second, the state must prove that the substance in question is a narcotic under Arizona law. This involves more than just claiming something “looks like” drugs.
If either of these elements cannot be established, the prosecution cannot secure a drug possession conviction in Arizona.
What Are the Penalties for Drug Possession in Tucson, Arizona?
Drug possession penalties in Arizona are based on the type and amount of substance involved. Penalties can include:
Penalties for Possession of Peyote
Peyote possession is a Class 6 felony. Sentences can range from four months up to two years in prison, with possible fines up to $150,000.
Penalties for Possession of Substances Emitting Toxic Vapors
This includes products like certain glues, spray paints, and rubbing alcohol. Having these for the purpose of inhaling is a Class 5 felony, which could mean anywhere from six months to 2.5 years in prison and fines up to $150,000.
However, judges sometimes have the option to treat this as a less serious Class 1 misdemeanor, which lowers the penalty to a maximum six-month jail term and a $2,500 fine.
Penalties for Possession of Marijuana
Adults age 21 and older are allowed by law to possess up to one ounce for personal use. Possessing more than that but less than 2.5 ounces is treated as a petty offense with a $100 civil penalty.
The more of the drug you possess, the higher the penalties. In some cases, you could face significant prison time.
Penalties for Possession of Narcotics (for example, cocaine or heroin)
Possessing these drugs is usually considered a Class 4 felony. Sentences might be as short as one year in jail or as long as 3.75 years in prison, depending on your record and other factors.
If you have any questions about what you could be facing, reach out to a lawyer right away.
What Defenses Can Be Raised if I’m Arrested for Drug Possession in Arizona?
If you’re facing drug possession charges, there are several defenses you may be able to use:
- One of the most common arguments is to claim that you didn’t actually have possession or control of the drugs. This is used when the substance was found somewhere other than on your person, like in a vehicle you were driving or in a house you live in.
- If officers went beyond their legal authority during a search or traffic stop, the drugs found may be inadmissible in court. This means they cannot be used against you, which would essentially destroy the prosecutor’s case against you.
- Challenging the credibility of witnesses or the accuracy of information that led to your arrest can sometimes weaken the prosecution’s case. This could raise a reasonable doubt about your guilt.
- Mistakes in how evidence was stored, labeled, or tested might raise doubts about whether the substance is actually illegal.
- In some cases, you might be able to show that undercover police or investigators went too far and pushed you into doing something you wouldn’t have chosen on your own. This is known as entrapment.
If you have any questions about what the best defense is for your case, speak to your lawyer as soon as possible.
Facing drug possession charges can be incredibly overwhelming. While it may not initially seem like that big of a deal, you will quickly realize that you are facing serious penalties if you are convicted. Understanding how the law works and having a legal professional by your side is an important part of defending yourself.
If you have any questions or would like to get started, we’re here to help. Contact Katsarelis Law Criminal Defense Attorneys to schedule a free consultation with a Tucson drug possession attorney.