DRUG OFFENSES IN ARIZONA


In Arizona, drug offenses are among the most commonly prosecuted crimes. These offenses vary from possession of drugs or drug paraphernalia for personal use, to possession of dangerous drugs for sale, to manufacture of narcotic drugs.

The range of penalties for drug offenses depends on the drug, quantity and purpose of possession. It is more serious, for example, if you are charged with possessing marijuana with the intent to sell than if you are charged with possessing marijuana for personal use. For more information on each offense, click the links below.

Possession   goto

  • Possession of Marijuana
  • Possession of Dangerous Drugs
  • Possession of Drug Paraphernalia

Possession for Sale/Manufacture/Production/Transportation   goto

  • Possession of Marijuana for Sale
  • Production of Marijuana
  • Transportation of Marijuana for Sale
  • Possession of Dangerous Drugs for Sale
  • Manufacture of Dangerous Drugs
  • Transportation of Dangerous Drugs for Sale

MOTION TO SUPRESS EVIDENCE

In drug cases, the prosecution’s most damaging evidence is usually the drugs seized by the law enforcement agency. The United States and Arizona Constitutions, however, require law enforcement officer’s to conduct “reasonable” searches and seizures. The general rule is that a search or seizure conducted without a search warrant is not “reasonable.” However, there are a number of exceptions to this rule that allow a search without a warrant. These exceptions are the result of decades of case law, and whether they will apply is a complex area of law and can often turn on minor variations in facts from case to case. Therefore, it is important that your attorney be familiar with this area of law and up to date on the latest court decisions in order to fully explore your available defenses.

Even where a search is made with a search warrant, there are multiple defenses that may nonetheless apply. For example, the officers executing the search warrant may have exceeded the scope of the search warrant, may have executed a stale search warrant, or may have obtained the search warrant for an improper or illegal purpose. Additionally, the search warrant itself may have been invalid if, for example, the search warrant was unreasonably broad, failed to particularly describe the places or things to be searched or seized, or was not based on sufficient probable cause. A search performed under an invalid search warrant is an unreasonable search, and is in violation of the Constitution.

Evidence obtained in violation of the Constitution must be suppressed. Consequently, the defense should always consider testing the reasonableness of the search through a motion to suppress this evidence.

A motion to suppress evidence is the mechanism used to challenge the State’s use of illegally obtained evidence. This motion is based upon the notion that evidence obtained as the product of a search or seizure that violates the Constitution must be suppressed. Following a hearing and oral argument, the court will rule on the motion to suppress. If the court grants the motion, the prosecution will be precluded from introducing any evidence seized as a product of the illegal search and/or seizure.




The Gillespie Law Firm, P.C. is a leading Phoenix, Arizona DUI and criminal defense law firm dedicated to the aggressive representation of clients involving all aspects of vehicular crimes and criminal litigation. We handle cases in Federal, State, Municipal, Juvenile, and Appellate Courts throughout the greater Phoenix Metropolitan Area and all of Arizona.

 
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