The Law Offices of Kristopher K Rezagholi have handled nearly every type of drug crime. We are experienced in finding technical defects in the Prosecutor’s case as well as identifying possible constitutional violations which can result in charges being dismissed or reduced. Because of the penalties and stigma that come with any Drug conviction it is important that you hire an experienced attorney to contest your charges.
Typical Drug crimes include A.R.S. 13-3408 possession, manufacture or sale of non-dangerous drug, A.R.S. 13-3407 possession, manufacture or sale of a dangerous drug. Other crimes include possession of drug paraphernalia which can be charged as a misdemeanor or felony.
Fighting the Charges:
Challenging Drug Charges often include disputing that you knowingly had possession of the drugs. For example, if the police found drugs in your car but not on your person we may be able to dispute whether the drugs were actually yours.
Additionally, we look for violations of your constitutional rights that can lead to evidence being suppressed or the charges dismissed. For example, if the officer got you to make admissions about the drugs BEFORE he/she read you your miranda rights we may be able to suppress your admission. Or if the officer stopped you without probable cause or searched you or your vehicle without consent these could all be violations of your rights.
We can also challenge the chemical tests used to identify the drugs as well as the methods used by the police to weigh the drugs.
So it is very important that if you are charged with a drug crime that you contact us for a free consultation so we can evaluate your case and let you know which defenses may be available to you.
How Drug Charges Work:
In Arizona, possession or use of any illegal drug is a Felony. However, the types of penalties you will be facing will depend on a multitude of factors including type of drug, amount and criminal history.
The Most important thing to understand is that Arizona has presumptions built into the law which state that if you have under a certain amount of a drug it is presumed to be for personal use. Conversely, if you are at or over the threshold, the drug is presumed to be for sale.
The following are the current statutory presumption limits.
|Amphetamine & Methamphetamine||9 grams|
|Cocaine||9 grams (powder) 750 milligrams (rock)|
|LSD||1/2 milliliter (liquid) 50 dosage units (blotter)|
|PCP||4 grams or 50 milliliters|
Below the Threshold:
If your drug was below the thresholds listed above then you may be eligible for a deferment of prosecution. In such cases we can often secure TASC in lieu of prosecution. If you successfully complete TASC the charges will be completely dropped. For those that don’t qualify for TASC because they have previously participated in TASC, have a prior conviction on their records, want to fight their charges or otherwise do not want to participate we can often reduce the charges to misdemeanors or secure probation instead of prison time.
At or Above the Threshold:
If your drug was at or above the threshold your exposure to criminal liability is greatly increased. Prison can range from 3 to 12.5 years for a conviction. It is important to remember that these are just presumption. With additional evidence we can show that a drug at or over the threshold was intended for personal use.
Potential Drug Penalties:
A drug for personal usage (below the threshold) you are typically looking at a TASC or probation. For a second offense drug for personal usage your sentencing range is anywhere from probation only up to 12.5 years of prison. For a third offense drug for personal usage you are looking at .5 to 12 years of prison.
A possession of drugs for sale or transportation (below the threshold), then your sentencing range is anywhere from probation only up to 12.5 years of incarceration.
If the amount of drugs is above the threshold amount, then prison is the only available sentence and can range from 3 up to 12.5 years in prison.
If a person has a prior felony conviction (regardless of the threshold amount), then the range is 4.5 years up to 23.25 years of prison.
It is very important that if you are charged with a drug crime that you contact us for a free consultation so we can evaluate your case.