Drug Possession Attorney in Casa Grande

We Are Ready to Fight for You—Call For Individualized Counsel that Gets Results

Are you searching for a trusted drug possession attorney in Casa Grande? At Sutton Law, P.C., our team recognizes that facing criminal charges can make life feel overwhelming. You deserve a clear plan and a knowledgeable advocate who genuinely cares about your future. We deliver reliable guidance, robust criminal defense strategies, and steadfast support—helping you protect your rights and move toward the best outcome possible.

As former prosecutors, we know the law, and we know how to protect you. Call us at (877) 774-9344 or reach out online to begin building your defense. We offer free consultations, and we are former prosecutors.

Understanding Drug Possession Laws in Arizona

Arizona's drug laws are codified under the Arizona Revised Statutes, Title 13, Chapter 34. The state classifies drugs into different categories, and the penalties vary dramatically based on the type and quantity of the substance. A dedicated drug possession attorney in Casa Grande understands these nuances and how they apply to your specific case.

In Arizona, a person can be charged with possession in two ways:

• Actual Possession: This means the drugs were found on your person, such as in your pocket, hand, or bag.
• Constructive Possession: This means the drugs were found in a place where you have control or dominion over them, such as your car, home, or office. The prosecution must prove that you had both knowledge of the drugs and the intent to control them.

Arizona law also makes a distinction between drug possession for personal use and possession with the intent to sell. While both are felonies, the penalties for possession with intent to sell are far more severe.

The legal classifications and associated penalties are complex:

• Dangerous Drugs (ARS § 13-3407): These include substances like methamphetamine, LSD, and ecstasy. Possession for personal use is a Class 4 felony, but it can be a Class 1 misdemeanor for first-time offenders if the substance is not amphetamine or methamphetamine.
• Narcotic Drugs (ARS § 13-3408): These include heroin, cocaine, and fentanyl. Possession for personal use is a Class 4 felony.
• Marijuana: Possession of less than two pounds is a Class 6 felony, which may be reduced to a misdemeanor for a first-time offender.

Our firm is highly experienced in navigating the complexities of these laws. We will meticulously review the details of your case, including the type and quantity of the substance, to determine the most effective defense strategy.

Key Elements the Prosecution Must Prove

For a conviction, the prosecution must prove every element of a drug possession charge beyond a reasonable doubt. We will focus our defense on creating reasonable doubt for each of these elements.

• Knowledge: The prosecution must prove that you knowingly possessed the controlled substance. This is a critical element, especially in cases of constructive possession or if the drugs were found in a shared space. We can argue that you were unaware of the drugs' existence.
• Possession: The prosecution must prove that you had either actual or constructive possession of the substance. If the drugs were found in a car with multiple passengers or in a home with multiple residents, we can argue that the prosecution cannot definitively prove they belonged to you.
• Nature of the Substance: The prosecution must prove that the substance is, in fact, a controlled substance under Arizona law. This is typically done through laboratory testing. We will scrutinize the testing process and the chain of custody of the evidence to ensure there were no errors or misconduct.

Penalties of a Drug Possession Conviction in Arizona

A conviction for drug possession in Arizona can lead to severe direct and collateral penalties that will affect your life long after your sentence is served.

Direct Penalties

• Probation and Prison Time: Under Arizona's Proposition 200, a first or second non-violent drug offender is not sentenced to jail or prison time until a third offense. Instead, a judge must sentence the individual to probation and mandatory drug treatment. However, if you are not eligible for this program or if you violate your probation, a conviction for a Class 4 felony can lead to a prison sentence of 1 to 3.75 years.
• Fines: Fines can be significant, often starting at $2,000 or three times the value of the drugs, whichever is greater.
• Mandatory Drug Treatment: As a condition of probation, you will be required to undergo mandatory drug education, counseling, or treatment at your own expense.

Collateral Consequences 

The collateral consequences of a drug possession conviction are often just as devastating as the direct penalties.

• Criminal Record: A felony conviction will appear on your criminal record, making it difficult to find a job, secure housing, or apply for certain professional licenses.
• Loss of Rights: You may lose your right to vote and your right to own or possess a firearm.
• Public Benefits: A conviction can affect your eligibility for federal student aid, public housing, and other government benefits.
• Driver's License Suspension: Your driver's license can be suspended for a period of time, even if the offense was not related to a vehicle.

As former prosecutors, we know the importance of minimizing these consequences. We will fight to have your charges dismissed or reduced, and if a conviction is unavoidable, we will advocate for the most lenient sentence possible.

Our Comprehensive Approach to Drug Possession Defense

At Sutton Law, P.C., we believe in a proactive and strategic defense. Our firm will not simply wait for the prosecution to make a move. As former prosecutors, we know how to anticipate their strategies and build a defense that is designed to win.

• Challenging the Search and Seizure: The Fourth Amendment of the U.S. Constitution protects you from unreasonable searches and seizures. We will investigate the circumstances of your arrest to determine if your rights were violated. If the police conducted an illegal search without a warrant or probable cause, any evidence they found can be thrown out of court.
• Disputing Possession and Knowledge: In many drug possession cases, the key is to create reasonable doubt about whether you actually possessed the drugs or had knowledge of their presence. We will gather evidence, interview witnesses, and present a compelling argument that you were unaware of the drugs or that they belonged to someone else.
• Negotiating for Diversion Programs: If you are a first or second-time offender, we will work to get you into a drug diversion program, such as the Treatment Assessment Screening Center (TASC) program. These programs allow you to avoid jail time and have your charges dismissed upon successful completion of treatment.
• Fighting for a Reduction in Charges: We will use our negotiating skills and our knowledge of the prosecution's case to argue for a reduction in charges, which can significantly lessen the potential penalties and may even change the charge from a felony to a misdemeanor.

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