Phoenix Drug Possession Attorney
Conviction on a charge of drug possession can result in jail time, heavy fines, and a life-long criminal record. Additionally, since most employers have a zero-tolerance drug policy, you could lose your job. Your insurance rates will likely increase, you may not be eligible for a student loan, and you will have to answer “yes” to questions on job applications that ask if you’ve ever been convicted for a crime.
However, depending on the amount of drugs involved and your criminal history, you may be eligible to participate in a diversion program that drops the charge against you and removes it from your record. At Blumberg &Associates, our Phoenix drug possession attorneys have represented thousands of clients over the years in drug possession cases. In many instances, we are able to work with prosecutors to have the charges or sentence against our client reduced.
If you’ve been arrested for drug possession, contact criminal defense attorneys at Blumberg & Associates today to schedule an appointment and discuss your case. We will evaluate the circumstances surrounding your arrest and explain the options available to you.
Thresholds and Drug Possession
Sentencing is affected by the amount of drugs involved in a drug-related crime. When the amount of drugs exceeds “threshold,” the likelihood of serving some time in jail increases. Under Arizona criminal statute A.R.S. §13-3401, thresholds for marijuana, cocaine, and heroin are as follows:
- Marijuana – 2 pounds
- Cocaine – 9 grams (powder); 750 milligrams (rock form)
- Heroin – 1 gram
- Methamphetamine – 9 grams
In some cases involving drug amounts in excess of threshold, the judge still has discretion in sentencing. However, in cases involving possession of methamphetamine the sentence must be a minimum of 5 years, a presumptive of 10 and a maximum of 15 “flat” years in prison. This area must be examined closely that’s why it’s important to work with an attorney who understands how to tell your story and work with prosecutors to arrange a deal that reduces the charges or sentence against you. At Blumberg & Associates, we ask the court to consider job loss, illness, a history of abuse, psychological problems, and other factors that help explain why they turned to drugs.
Our goal is to help people get a second chance, to get them the assistance they need so they can, hopefully regain control over their lives again. Sending someone to jail where they won’t get the treatment they need doesn’t help anyone.
Marijuana Possession Under Threshold: First-Time Offenders
In cases of marijuana possession under threshold, adults who haven’t been convicted on a felony drug charge or for a violent offense are eligible to participate in a deferred prosecution program. If you are a first time offender, our attorneys ask that you be referred to a Treatment Assessment Screening Center (TASC) for counseling and help.
If you successfully complete the program and stay clean, the TASC will recommend that the charges against you be dismissed and dropped from your record. You are required to pay for the TASC classes yourself. However, this is a small price to pay for having your record expunged and the charges against you dismissed.
People struggling with physical pain or depression may find themselves addicted to prescription medications like Xanax, Ativan, Oxycontin, or Valium. However, possession of these drugs without a valid prescription can result in drug possession charges. Our attorneys take the time to explain our client’s situation, asking the court to allow our client to get the medical help and counseling needed, in exchange for a reduced sentence or charge.
Contact Drug Possession Defense Attorneys at Blumberg & Associates
If you’ve been arrested on a charge of drug possession, contact criminal defense attorneys at Blumberg & Associates today to schedule a confidential consultation to discuss your case. We understand how the criminal justice system works, how to protect your rights, and what must be done to increase the likelihood of having the charges or sentence against you reduced.