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Possession or Use of a Dangerous Drug

Last Modified: November 9, 2017 at 10:44 pm

If you are caught by police with any illegal drug aside from marijuana, you will most likely be charged with possession or use of a dangerous drug. Some common drugs that fall into this category include cocaine, meth, mushrooms, or even prescription painkillers without proper proof of a legitimate prescription. If you are convicted of this charge in court, the consequences for your future can be severe. However, in order to convict you, the prosecution must be able to prove that you knowingly possessed or used the drug, which can be challenging for them if you have the right evidence and legal team to defend you.

Punishment Possibilities if Convicted

The possible punishments for possession or use of a dangerous drug in the state of Arizona can vary widely based on a number of factors, including:

  • The drug you are charged with using or possessing
  • How much of the drug was found
  • How many offenses you have on your record

For example, there are some drugs that, if convicted, can only result in a probation punishment and not

jail time. However, probation can only be offered if the conviction is your first or second, and if the offense was non-violent. Furthermore, if you do not have any previous felony convictions and the drug you were found in possession/use of was not a methamphetamine, you will most likely only be charged with a misdemeanor.

Still, there are many situations in which possession or use of a dangerous drug can lead to a felony. Methamphetamine possession or use, for example, is almost always going to be treated as a class four felony, meaning you could face nearly four years in jail if convicted. Some of the most serious punishment for this type of charge will come if you are convicted of possession or use of a large quantity of cocaine, LSD, heroin, or meth. If you are found with enough on you to justify an intent to sell or distribute charge, your sentence can become even more severe.

Regardless of the severity of the charge you face, a conviction on possession or use of a dangerous drug will impact your life significantly. This is why having a drug defense attorney on your side is so highly recommended.

Do You Have a Defense?

“Lack of knowledge” is by far the most common defense used in possession or use of a dangerous drug cases. With this defense, you will need to demonstrate and claim that you were not aware that ay drugs were on your person or otherwise in your possession at the time of the arrest. This is often the defense in situations where there were multiple people present, or in a situation where there are multiple people living in the same house. You may be able to claim that the drugs found belonged to someone else in the household. Of course, the proper evidence to support this should also be brought in front of a judge, which is another area where an experienced drug attorney should be able to help you.

How an Attorney Can Help

From providing you with legal guidance to building a case for your defense in court and speaking on your behalf in some manners, a drug defense attorney is someone you’ll definitely want to have on your side in the coming weeks and months. Doing so could be the difference between a conviction and an acquittal or reduced sentence. You can schedule a case evaluation and consultation today by giving our law office a call; our drug defense attorneys look forward to representing you.

Being faced with a criminal charge can be scary, but having the right representation can make all the difference. Schedule your consultation with our team at Dwayne Cates Law Group, PLLC by giving us a call at (855) 525-5986 today.