The legal ramifications of drug crimes can have devastating effects on an offender’s personal and professional life, which is why seeking specialized legal representation is crucial to protecting your rights and future.
Alcock & Associates is a premier criminal defense law firm with extensive experience in drug offense cases. Our expert drug offense attorneys can help you understand the charges against you, build a strong defense strategy, and protect your rights throughout the legal process.
Are you under investigation for or have been charged with a drug-related crime? Your first step should be to hire a drug offense attorney. At Alcock & Associates, we place a premium on helping our clients avoid legal trouble and maintain a spotless criminal history.
We handle all sorts of drug cases, including marijuana, cocaine, methamphetamine, heroin and other scheduled drug charges. Many of these cases can be settled through negotiations with prosecutors instead of having to go to trial. Our attorneys have extensive experience negotiating with prosecutors to get charges reduced or dismissed.
Whether it be a simple possession charge or even a complex transportation/sale case, we are committed to defending your rights and helping you achieve the best possible outcome.
Drug cases can be complicated and technical. Experience matters when it comes to these types of cases. Here at Alcock and Associates, our attorneys for drug charges have had the opportunity to handle thousands of drug cases throughout the State of Arizona. With four former prosecutors on staff, we know how to get the best results for your case.
It seems as if every day, there is another state legalizing marijuana. Because of this, it may give individuals the false impression that the war on drugs is subsiding. Even though the state of Arizona has medical marijuana laws on the books, it is quite common for prosecutors to seek criminal convictions for even simple marijuana possession.
Furthermore, if an individual is dealing with a charge of possessing drugs for sale, they can be convicted to multiple years in prison. Here in Arizona, we have some of the hardest drug laws and statutes in the United States.
With this being said, every drug charge is different and depends on the circumstances and facts of the case. Our criminal defense staff includes a former police officer and multiple former drug prosecutors. We know of the tactics that prosecutors use and how to best defend against them in a drug case.
If you have any questions or would like to have your case evaluated, please do not hesitate to contact our criminal defense attorneys.
More information below…
Drug Crimes in Arizona
Drug crimes in Arizona include the possession, manufacture, transportation, and obtainment by fraud of controlled substances.
In the state of Arizona, there are six statutes or laws that define the possession of common drugs. A.R.S. §§ 13-3402; 3403; 3405; 3406; 3407; and, 3408. The possession of drug paraphernalia is also against the law. Possession of drug paraphernalia is defined in A.R.S. § 13-3415.
When someone is charged with “Possession of a controlled substance,” it means they had drugs that require a prescription but did not have one. This includes drugs like marijuana, peyote, vapor-releasing substances, narcotic drugs, prescription drugs, dangerous drugs like methamphetamine, and chemicals used to manufacture any of those substances.
Here is what the state of Arizona must prove:
In order for the state to win a conviction, they must be able to prove four elements beyond a reasonable doubt:
1) They must prove that the person charged with possession; 2) did knowingly possess; 3) a usable quantity; 4) of a controlled substance.
When facing a drug possession charge in Arizona, the State must provide specific evidence to prove their case. This includes proving that the person charged with the offense is the same person who was arrested or cited by police, that they knew they were in possession of a controlled substance, that the substance was illegal to possess under Arizona law, and that there was a usable quantity of the substance.
It’s important to note that the State doesn’t have to prove that someone knew they possessed drugs. Instead, they can demonstrate constructive possession by showing that a person had dominion or control over the object in question. For example, if drugs are found in a medicine cabinet in someone’s home, the State can argue that the person had constructive possession of the drugs because they owned the cabinet and stored their belongings in it. It’s also possible for multiple people to have constructive possession over something.
In addition to possession charges, the State can charge someone with transportation or sale of drugs if they possess a certain amount of drugs, known as the threshold amount. The specific amount required for this charge varies depending on the substance in question.
The drug statutes in Arizona can prove to be very confusing for some. Below is a brief description of the various kinds of controlled substances.
When the law refers to Marijuana, they refer to any part of any marijuana plant, including but not limited to its seeds, from which the resin has not been extracted. A.R.S. § 13-3401(19)
Peyote means possession of any part of the peyote plant. A.R.S. § 13-3401(23).
Vapor-releasing substances are any substance that releases a toxic fume or vapor. Examples include: Acetone, nitrous, and propane. A.R.S. § 13-3401(38).
Narcotic drugs include most opiates and derived cannabis. Examples may include oxycodone, percocet, morphine, cannabinoid oil, and many more A.R.S. § 13-3401(20)(21).
Prescription drugs means any drug that requires a prescription from a medical professional to possess legally. A.R.S. § 13-3401(28).
Dangerous drugs include drugs such as methamphetamine, alprazolam, and testosterone. A.R.S. § 13-3401(6).
The penalties for crimes such as these truly depend on the type of drug, the amount of drugs, and the nature of the crime in question.
For example, the possession or sale of peyote is considered a class 6 felony, while inhalation or consumption of a vapor-releasing substance is considered a class 5 felony.
The sale of a vapor-releasing substance to someone under the age of 18 is a class 5 felony.
Alcock & Associates is dedicated to giving our clients the kind of caring, competent representation they deserve in the court of law.
You can count on our drug defense attorneys to thoroughly investigate the circumstances of your drug charge. We will review the evidence against you to build a strong defense strategy tailored to your specific situation.
We handle all types of drug cases, including marijuana, cocaine, methamphetamine, heroin, and other scheduled drug charges. Whether you’re facing a simple possession charge or a complex transportation or sale case, our priority is to help you get your life back to normal as quickly as possible.
We understand that drug offenses can have significant impacts on individuals’ lives. Therefore, we advocate for alternative sentencing options and drug treatment programs to help clients avoid or minimize the impact of drug offense convictions. Our goal is to help clients protect their rights and future in the face of drug charges.
TASC stands for Treatment Assessment Screening Center, Inc. It’s a privately operated diversion program designed to help individuals facing drug-related criminal charges. Participants in the program receive drug screenings, seminars, treatment, and counseling to address substance abuse issues and reduce the likelihood of future drug-related offenses.
If you qualify for the TASC program, your criminal case will be suspended while you complete the program. Your case manager will determine the program’s length and requirements based on your needs and circumstances. Once you’ve completed all of the programs and services assigned by your case manager, TASC will inform the court, and your case will be dismissed.
The TASC diversion program follows this process:
The TASC program can offer several benefits to individuals facing drug-related criminal charges.
Avoiding jail time: If you successfully complete the TASC program, your case will be dismissed, potentially allowing you to avoid jail time.
Addressing substance abuse issues: The TASC program provides drug treatment and counseling services that can help you address underlying substance abuse issues.
Reducing the likelihood of future offenses: By completing the TASC program, you may be less likely to commit future drug-related offenses.
The team at Alcock & Associates has extensive experience working with clients eligible for the TASC program and guiding them in successfully completing it. We aim to assist you in safeguarding your rights and future in the face of drug-related criminal charges. With our team on your side, you can feel confident that your case is in good hands.
Drug sale cases in Arizona generally follow a similar process to drug-related cases in other jurisdictions. Here is an overview of how drug sale cases typically work in Arizona:
It’s important to remember that every drug sale case is unique, and the specific details and outcomes will depend on various factors. If you find yourself involved in a drug sale case in Arizona, it is recommended to consult with a criminal defense attorney experienced in drug offenses to guide you through the legal process and protect your rights.
The length of the TASC program varies by the person. For example, the marijuana TASC program is a maximum of six months long.
Yes, TASC costs money. However they have programs in place to help those in need or who are unable to pay. You may qualify for assistance with payment.
Contact your case manager and tell them that you missed the test/seminar. They can help you schedule another and get you back on track.
Call your lawyer. You will also have to call your case manager at TASC.
TASC has assistance programs to help those that need it.
If you complete the program successfully, your case will be dismissed.
No, quite the opposite. When you complete TASC, if an order of dismissal with prejudice is filed your case is over forever. Double jeopardy prevents the State from bringing those charges against you.
The attorneys at Alcock work agreements with the State and send their clients to TASC regularly. Many of our clients have been very successful at completing TASC and obtaining dismissals in their cases.
Yes. To enter TASC, you have to fill out a form admitting guilt in this case. Your attorney can help you with that form.
If you don’t finish TASC, your case starts right back where it was when the judge/commissioner suspended it. If you were in RCC or EDC, your case will be back in RCC or EDC and your attorney can work with you to resolve the case from there either with a trial, a plea, or another disposition.
Yes, the attorneys at Alcock & Associates can help you if you’ve been unable to complete TASC.
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Here at Alcock and Associates our team and staff are dedicated to helping and representing YOU. The first step is to understand your case. We will take the time to get to know you and your legal situation so that we are best able to answer all of your questions. After your initial consultation with our attorneys, you will know what you are facing and what can happen to your case.
EVERY CONSULTATION IS COMPLETELY FREE AND COMPLETELY CONFIDENTIAL.
Alcock & Associates P.C.
2 North Central Avenue, 26th Floor
Phoenix AZ 85004
