They are truly the greatest and live up to their reputation as the TOP DEFENSIVE ATTORNEYS that you will need. Thank you Daniel garcia and Alcock & Associates.!
Criminal Defense
PHOENIX DRUG CRIMES LAWYER
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.
FROM DRUG POSSESSION TO TRANSPORTATION AND SALE
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.
EFFECTIVE REPRESENTATION FOR INDIVIDUALS WITH DRUG CHARGES
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).
Penalties for Drug Crimes
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.
OUR GOAL IS TO WIN YOUR CASE
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.
ADVOCACY FOR ALTERNATIVE SENTENCING OPTIONS
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
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.
How Does TASC Work?
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 prosecutor offers a defendant (the person charged with a crime) TASC. The defendant cannot choose TASC without the prosecutor’s agreement. Your lawyer can ask for TASC for you.
- Once the prosecutor offers TASC, the defendant fills out the paperwork to suspend prosecution and begin the TASC program. Suspending prosecution means that the court appearances and everything to do with your charges are paused while you complete the program.
- Once the paperwork is filled out, the defendant/client will appear with their lawyer in court and paperwork to request suspension of the prosecution with the judge or commissioner. The judge or commissioner orders that the prosecution is suspended.
- Very soon after the court date, when the judge or commissioner suspends prosecution(usually that same day), the defendant will call the TASC program to schedule an interview.
- The interview begins with the TASC program, which consists of classes, often drug screens, and counseling. Defendants with narcotics and dangerous drug charges will enroll in AA – Alcoholics Anonymous, NA – Narcotics Anonymous, or another similar organization.
- You will be assigned a case manager as your point of contact with TASC during the program.
- After you have completed the TASC program successfully, TASC will notify the court, and an order dismissing your case with prejudice will be entered. After that, your case is closed and those charges cannot be brought against you.
Benefits of TASC
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
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:
- Arrest and charges: If law enforcement suspects that an individual is involved in drug sales, they may conduct an investigation, gather evidence, and make an arrest. The arrested person will be informed of the charges against them, which may include possession or sale of a controlled substance.
- Initial appearance: After the arrest, the individual will have an initial appearance in court. During this hearing, the judge will inform the accused of their rights, set bail if applicable, and determine if the defendant should remain in custody or be released pending trial.
- Grand jury indictment or preliminary hearing: In felony drug sale cases, the prosecution may present evidence to a grand jury to obtain an indictment. Alternatively, there may be a preliminary hearing where the judge determines if there is enough evidence for a trial. This step is intended to establish probable cause that the defendant committed the crime.
- Plea negotiations or trial preparation: Following indictment or a determination of probable cause, the case may enter a period of negotiation between the defense and prosecution. Plea negotiations involve discussions about potential plea deals, which could result in reduced charges or lesser penalties. If a satisfactory agreement cannot be reached, the case will proceed to trial.
- Trial: In the trial phase, the prosecution must prove the defendant’s guilt beyond a reasonable doubt. Both sides present their evidence, call and cross-examine witnesses, and make their case to the judge or jury. A verdict of guilty or not guilty is determined based on the evidence presented.
- Sentencing: If the defendant is found guilty or pleads guilty, the court will determine the appropriate sentence. Sentencing can vary based on factors such as the nature and quantity of drugs involved, prior criminal record, and the presence of aggravating or mitigating circumstances. Possible penalties may include imprisonment, fines, probation, or mandatory drug treatment programs.
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.
Frequently Asked Questions About TASC
-
How long does the TASC program usually take?
The length of the TASC program varies by the person. For example, the marijuana TASC program is a maximum of six months long.
-
I have heard that TASC costs money, is that true?
-
What if I have TASC but I miss a test that I was required to do?
-
What if I have TASC but I get pulled over?
-
What if I can’t afford TASC at some point halfway through the program?
-
At the end of TASC, what happens to my case?
-
If my case is dismissed with prejudice, doesn’t that mean that they can bring it against me again?
-
Do the attorneys at Alcock & Associates get TASC for their clients?
-
Do I have to admit guilt to get into TASC?
-
Where can I get more information about TASC?
-
What if I don’t finish TASC? Am I going to prison?
-
Does Alcock & Associates handle cases where TASC was allowed but I failed to complete the program?
I never have been in any trouble but sometimes unfortunate things in life happen and I needed a lawyer ASAP. They worked as a team and explained everything to me step by step and in a way that I was able to understand. They even offered affordable payment options which helped out a lot.
REPRESENTATION YOU DESERVE
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.
Top Rated Phoenix Attorneys
We do not communicate with our clients via WhatsApp. We do not have offices currently outside Arizona and Virginia.
It is essential that you are aware of our website policies, as they detail how we protect your data and ensure transparency in the use of your information. Please read our Privacy Policy.