Drug Forfeiture Lawyer Case Results in Gilbert, Arizona
Client Charged With A Drug Forfeiture Crime in Gilbert, Arizona
REDUCED SENTENCE & CHARGES DISMISSED
In Arizona, property obtained by law enforcement through a drug crime or used to commit a drug crime may be seized by the authorities per state or federal legislation. When this occurs, the legal ownership of an asset is transferred to the government or another authority through asset forfeiture. A property may be kept by that authority for an undetermined time or sold at auction. If the owners successfully challenge the forfeiture, the property may be returned to them.
What Does The Law Say About Asset Forfeiture In Drug Crime Cases?
Arizona Revised Statutes (A.R.S.) section 13-3413 is very clear about what can happen to someone’s property when charged with a drug crime. It states that anything connected to evidence-related drug crime can be seized and forfeited, including property, drug delivery vehicles, books, materials, chemicals, vapor-releasing materials that include toxins, and containers. Additionally, proceeds linked to specific crimes committed for financial gain may also be seized, as can any proceeds from a crime that is charged or indicted under Arizona law. Proceeds attributable to a drug crime that occurred outside of Arizona but would be indictable or punishable if it had happened there can also be forfeited.
If the crime includes illegal substances, is committed for financial gain, or is punishable by a sentence of more than a year in jail, proceeds and assets may be seized. In addition, a law enforcement agency is entitled to immediately forfeit any dangerous substances, prescription medications, peyote, or opioids found in connection with specific offenses or that come into their custody.
The police may also retain ten pounds of marijuana or a pound of certain other drugs for use as suggestive evidence when more than ten pounds of those substances are found. The rest can legally be destroyed if, within 24 hours before the remaining marijuana is destroyed, the law enforcement agency in charge of the seizure provides the property owner written notification. The property owners or their attorney may be present while the property is destroyed, or photographs can also document the destruction. The seizing agency may also request a court order allowing their destruction or disposal by submitting an affidavit to a judge stating that the chemicals pose a particular risk to life or property due to their toxicity. This is also the case if the agency lacks the necessary facility to store the chemicals safely.
Arizona Revised Statute section 13-4304 lists the types of property immune from seizure. For instance, if the owner or interest holder demonstrates that he is a bona fide purchaser for value and is not deliberately engaging in an illicit transaction, no property owner's interest may be forfeited.
Gilbert, Arizona Case Study - Transportation of Marijuana for Sale
A Gilbert police officer pulled our client's car over after smelling marijuana coming from it. The driver, “Mr. M,” was requested to exit the vehicle and taken into custody. During a thorough legal search of the car, the officer found seventeen garbage bags filled with vacuum-sealed marijuana in the bed and back seat. Mr. M was arrested for possessing more than 280 pounds of marijuana.
For the officer to take possession of Mr. M’s assets subject to forfeiture, they must first consider several options outlined in A.R.S. § 13-4305. For example, assets may be confiscated in accordance with a seizure warrant or other process issued following Arizona's rules of procedure. If the seizure is a part of a search or an arrest, assets may also be taken without a court order. If a prior forfeiture procedure resulted in a judgment in favor of the state or federal government, assets may be taken without a court order as well. If a peace officer has probable cause to suspect it is liable to forfeiture, they may also take it without going through the legal system.
It’s important to remember that clear and persuasive evidence must be used to show the probable cause of the seizure. If the state can demonstrate that the following conditions were met, there is a rebuttable presumption that the person's assets are subject to forfeiture:
- The actions giving rise to forfeiture occurred.
- You acquired the property during the period of the actions giving rise to forfeiture or within a reasonable time after that period.
- There is no likely source for the assets other than the actions giving rise to forfeiture.
In Mr. M’s case, he was arrested, and the state of Arizona confiscated the vehicle for forfeiture immediately.
Defense Strategy
Defense strategies for property forfeiture cases in Arizona can be complicated and tricky. The following examples show some common ways to defend against these cases:
1) According to the common carrier vehicle defense under A.R.S. §13-4304, a vehicle cannot be seized unless the owner knows it was being used for criminal acts. The innocent owner defense, sometimes known as an "affirmative defense," entails demonstrating that the person whose assets were confiscated was not complicit in or aware of the alleged wrongdoing connected to the subject property.
2) If a vehicle has been used to carry drugs for sale and those drugs were not being transported for payment, and their weight did not exceed the following, then the vehicle cannot be seized:
- 9 grams of methamphetamine or powdered cocaine
- 1 gram of heroin
- 2 pounds of marijuana
- ¾ grams of rock cocaine
- 50 ml or 4 grams of P.C.P.
- ½ liter of liquid L.S.D.
- 50 dose units of L.S.D.
3) The “proportionality defense” asserts that the seizure of specific assets amounts to a "grossly disproportionate" fine or punishment because their worth is out of proportion to the alleged crime or offense, based on a person's Eighth Amendment rights.
4) The "illegal search and seizure defense” relies on a person's Fourth Amendment rights. It involves demonstrating that law enforcement lacked the authority to search for and/or confiscate specific property connected to a criminal case. This can happen when, for instance, they did not have a warrant or the warrant did not pertain to the property seized.
The Result Of Mr. M’s Case
Mr. M was facing some very serious charges with potentially severe penalties. We maintained frequent contact with the investigating attorneys to present an accurate picture of our client. After thoroughly reviewing the information surrounding our client's circumstances, we believed there were substantial legal issues. We successfully negotiated a fair plea agreement on Mr. M's behalf based on the relevant legal concerns, our connections to local prosecutors, and our expertise with the court system.
Mr. M received a plea deal for an undesignated class 6 felony with the potential to have it reduced to a misdemeanor. Mr. M received no jail time, and his property was returned from the state.
Summary
If you or a family member find yourself facing drug crime forfeiture charges, it is crucial that you hire a qualified attorney with specific experience dealing with drug crime forfeiture cases. It is equally vital that the attorney you hire is familiar with Arizona forfeiture laws and has built a solid reputation and relationships with local judges and attorneys. Their winning track record in your jurisdiction should tell you everything you need to know and will go a long way in reducing stress and helping you feel confident that you have the best representation possible.
WE HELP GET YOUR DRUG CHARGES AND PENALTIES REDUCED OR DROPPED.
The drug crime lawyers at Gilbert Drug Lawyer have over 35 combined years of experience defending clients in the Gilbert, Arizona area. We’ve helped clients receive reduced penalties, dismissed charges and flexible legal results that make it easier to move on after your case. View our recent case results to get a better idea of how our criminal defense drug crime attorneys provide first-class service to their clients.