Drug Smuggling Lawyer Case Results in Gilbert, Arizona

Client Charged With A Drug Smuggling Crime in Gilbert, Arizona

REDUCED SENTENCE

For the most part, being charged with a drug offense in Gilbert, Arizona, doesn’t indicate you’ll be convicted. Having a defense counsel familiar with the legal system increases your chances of having your charges reduced or even dismissed. This is especially true if the lawyer specializes in defending drug crimes.

Mr. Brandon’s experience demonstrates how beneficial it is to hire a skilled defense attorney to help secure a favorable outcome in your case. The charges against him were practically the same as drug smuggling. Let’s examine the legislation behind some of his allegations. And also how the case played out.

Arizona Laws on Possession of Narcotic Drug For Sale

According to the state’s drug laws, it is a crime to knowingly possess, transport, or manufacture a narcotic drug for sale in Arizona. Cocaine, crack cocaine, and heroin is the most prevalent types of narcotic substances for which people in Arizona are charged.

The penalties for selling narcotics are substantially severe. Possessing a narcotic substance for sale is a class 2 felony punishable by 3 to 12.5 years in prison. In addition, for any felony conviction, the court may impose a fine of up to $150,000. The defendant will not be eligible for probation if convicted of selling opioids or pain relievers.

The prosecutor must show the following factors beyond a reasonable doubt before there can be a verdict for possession of a narcotic drug for sale:

• You owned narcotic narcotics on purpose.
• The substances in question were narcotics.
• You were planning to sell them.

The amount of drugs found in a person’s possession is the most typical reason for a charge of narcotics trafficking. The idea is that if a person has more narcotics than is customary for personal use, they are most likely transferring them for sale.

Laws on Possession of Marijuana For Sale In Gilbert, Arizona

Possessing marijuana for sale is illegal in Arizona. According to the Arizona Revised Statutes, you are guilty of a drug crime if you meet the following three criteria beyond a reasonable doubt,

• You were aware that you owned marijuana.
• The substance in question has been identified as marijuana.
• The possession is intended for sale.

Although all three criteria must be met for a conviction of marijuana sales to stand up in court, the crime is not always determined by the amount of marijuana in possession alone. Instead, other indicators distinguish possession from intent to sell.

Any of the following, in addition to the amount of marijuana discovered, reveals the intent to sell:

• Marijuana is packaged in typical retail bags.
• A sales ledger
• Many cash
• Sales records on phones or text messaging
• A scale

Your case may be dismissed if these things and facts do not conclusively prove your intent to sell marijuana.

Possession of more than two pounds of marijuana for sale results in a mandatory prison sentence. Other variables such as the offender’s criminal history, the possession or involvement of firearms as part of the crime, and any other extenuating circumstances can also influence the sentence.

Possession of fewer than two pounds of marijuana for sale is a class 4 felony punishable by 1.5 to three years in jail. Possession of 2–4 pounds of marijuana for sale is a class 3 felony punishable by 2.5–7 years in prison. Any quantity exceeding 4 pounds is a class 2 felony punishable by four to ten years in jail. A fine of up to $150,000 can be imposed as part of these sanctions.

Even though selling marijuana is a felony in Arizona, a first-time offender may be eligible for probation rather than prison time.

Probation in Gilbert, Arizona

Probation is a potential punishment for a criminal offender in Arizona that can be used to partially or entirely replace a jail sentence. Probation allows law enforcement to keep an eye on convicted criminals without putting them in jail. This is common as part of a plea bargain, and it can even happen as soon as after arraignment.

Section 13-901 of the Arizona Revised Statutes allows the courts to suspend a jail sentence in place of probation if the convict is eligible. In Arizona, defendants convicted of class 1 felonies ( first and second-degree murder) do not qualify for probation.

If probation is granted, the courts will impose terms or conditions that the offender must obey. However, if the defendant breaches any of the terms of probation, they may be sentenced to prison to serve the remainder of the sentence.

Restitution to the victim is often a requirement of felony probation. Suppose the probationary period has ended but restitution has not been paid in full. In that case, the judge can extend the probationary period.

Categories of Probation

The limits and requirements associated with the sentence will be determined by the type of probation. In Arizona, there are three basic categories of probation:

Intensive Probation

Intensive probation is a period of probation that is exceedingly stringent and imposes many restrictions on the criminal. Intensive probation is always tightly monitored, with the probation officer making numerous daily visits unannounced.

Supervised Probation

Supervised probation is overseen by a probation officer, and the offender must report to the officer regularly. This is the most typical form of probation in Arizona. Standard supervised probation requirements in Arizona include community work, fines, counseling, prohibition of drug or alcohol usage, no weapons, and restitution.

Unsupervised Probation

Probation without supervision is the most relaxed type of probation. It’s usually designated for lesser offenses like misdemeanors.

Case Result of Client Charged With A Drug Smuggling Crime in Gilbert, Arizona

Mr. Brandon H. was pulled over for driving while his license had been suspended. The police detained him and searched his vehicle during the stop. The officers discovered a football-sized bag of green leafy substance suspected to be marijuana and a golf-sized bag of white powder assumed to be cocaine. In addition, officers found $794 in cash, two cellphones, and a pistol. Mr. H’s car was impounded for 30 days after being towed from the scene.

Mr. H. Faced three felony charges and one misdemeanor. A maximum sentence of 16.5 years in prison is imposed on these crimes. The details of the charges are:

• Possession of Narcotic Drugs For Sale (Class 2 Felony)
• Possession of Marijuana For Sale (Class 4 Felony)
• Misconduct Involving Weapons (Class 4 Felony)
• Driving While License Suspended, Revoked, Cancelled or Refused or In Violation of License Restrictions (Class 1 Misdemeanor)

First, we filed a request to replace Mr. H’s counsel as soon as we were recruited, as he had terminated another company from representing him. Then, we quickly assessed the material in his case and asked for more information. We recognized the strengths and weaknesses of Mr. H’s case after sifting through hundreds of document pages.

In addition, we successfully negotiated a remarkable plea by presenting the issues in the case in the most favorable light for Mr. H. We succeeded due to our tireless effort, knowledgeable legal advice, and constant communication with our client and the prosecution.

Mr. Brandon H. faced a maximum sentence of 16.5 years in prison if found guilty. Instead, he was sentenced to two years of supervised probation with a set of requirements.

Conclusions

A qualified drug crime defense lawyer can assist you in resolving your case without a trial. You can escape the risk and uncertainty of a court case and the possibility of receiving hefty penalties or maximum sentences if convicted.

Considering the seriousness of the offense you’ve been charged with and the evidence against you, a plea bargain may seem like a fair deal.

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.