Illegal substances can attract severe penalties in Arizona and across America, and a drug-related conviction can have long-term consequences. You risk hefty monetary fines and potential incarceration for a drug possession charge. A drug-related conviction will likely lead to serious collateral consequences, including lost employment, education, or housing opportunities, lost child custody, and potential revocation of professional licenses.
With drug possession attracting severe penalties in Arizona and across America, a drug-related conviction can have long-term consequences.
Even without a conviction, an arrest related to illicit substances can be traumatic, particularly due to the associated stigma. As a result, it is recommended to seek the assistance of a well-qualified and experienced Arizona defense lawyer experienced in possession of controlled substance cases. A lawyer will help fight for your legal rights while protecting your reputation.
Despite Arizona’s strict drug possession laws and related penalties, a skilled drug possession defense lawyer can help you develop the best defense strategy and eventually overcome the possession charges. Some of the common defense strategies that Arizona drug possession defense attorneys use include:
To secure a conviction in a drug possession case, the prosecution must prove that you intentionally or knowingly possessed the illegal drug. The possession is intentional when you are conscious or are aware an item is an illegal drug or contains illegal drugs; otherwise, you possess the illegal drug unintentionally or unknowingly.
Since being in the presence of or having an item you are unaware is an illegal drug is not a drug crime, a skilled defense lawyer can help you overcome related drug possession charges. Essentially, they can use the unknowing possession defense strategy to weaken the prosecution’s case.
A drug possession charge is a criminal offense that the prosecutor needs to prove beyond a reasonable doubt. They need sufficient evidence to satisfy the law requirement; otherwise, they may not have a case against you. Insufficient evidence is a popular defense strategy for cases involving controlled substance ownership, with many narcotics-related offenses involving common instances of mishandled or misplaced evidence. A well-qualified defense attorney can get the court to dismiss the case based on insufficient or missing evidence.
In some instances, the police are guilty of violating constitutional rights through unlawful search and seizure procedures. With the U.S. Constitution protecting you from improper search and seizures, a skilled drug possession lawyer can use procedural violations to suppress any evidence obtained therein. Consequently, the court may refuse to admit any evidence obtained during such a search. If there is no additional evidence against you, the court will likely dismiss all charges related to your illicit substance possession.
It is common for a person to have doctor-prescribed medication in their cars or pockets but forget to carry the prescription note. The police will still treat it as a criminal offense if they arrest you in such a scenario. However, you have the absolute defense if you have a valid medical prescription or recommendation from your pharmacist or doctor. Unless you fraudulently obtained the prescription, a skilled defense lawyer will not have any problems proving your innocence.
A controlled substance charge can lead to serious long-term consequences. If you are facing a drug possession charge in Arizona, contact our skilled and experienced Arizona drug possession defense attorneys at Dodge & Vega PLC. We will use these common defenses and other strategies to protect your future by getting the court to reduce or dismiss your controlled substance charges. Contact us today for a free consultation while we discuss the details of your case.