Watch this video of David Michael Cantor explain Charges of Possession of Drug Paraphernalia in Arizona.
In the Phoenix area, or anywhere else in the state of Arizona, as per A.R.S. §13-3415, possession of drug paraphernalia is a very serious offense. It relates to the unlawful use of drugs by any person and includes the acts of cultivation, planting, manufacturing, converting, producing, testing, analyzing, storing, concealing, injecting or ingesting and other means of utilizing an illegal drug. Under the statute, it is illegal for anyone to possess, deliver or make drug paraphernalia with the intention of delivering it another person for usage. Common examples of drug paraphernalia are water pipes, glass and plastic bongs, glass pipes, metal pipes, vaporizers, including any device used for smoking that may contain drug residue.
Penalty for Possession of Drug Paraphernalia
In the state of Arizona, possession of drug paraphernalia is considered a class six felony. At the same time, if an individual is convicted of a first or second charge of possessing drugs in a nonviolent manner, then there is no prison or jail time. Probation is served instead. If an individual who receives probation fails to serve probation, they will be arrested and can see jail time for two to four weeks until a judge releases them and reinstates the probation. With a defense attorney, the charges can be pled down to a misdemeanor, which carries a punishment of up to six months of jail time if probation terms are violated. Another option is the TASC resolution.
TASC is a program that lasts three to six months for completion. It includes the defendant taking one random urine test each month, a three hour drug and alcohol abuse class and paying fees that range from $300 to $700. TASC is a very difficult program to get into and it is imperative to have a skilled attorney who can help the individual to be accepted. Attorneys at the DM Cantor are experienced in the area of TASC and will assist you in every step of the way in getting accepted. Your attorney will help you from the time you are admitted until you are finished with the program. After completion of TASC, your record will show that the possession of drug paraphernalia charge has been dismissed.
When an individual has already gone through TASC or has a prior drug charge, they are considered ineligible for the program. However, with a low level prior drug conviction and one prior TASC experience, it is possible to still be accepted. This is referred to as “Prop 200 eligibility.” If the individual was found to be transporting drugs, driving while under the influence or has charges related to methamphetamine, they may receive jail or prison time.
If the person is not Prop 200 eligible, then the charge is a class six felony. With a first offense, the punishment is probation as well as zero days to one year in jail or prison lasting anywhere from four months to two years. With a prior conviction, the prison term is nine months to 2.75 years of incarceration. With two prior convictions, the defendant can face a prison term lasting 2.25 to 5.75 years.
Possession of Drug Paraphernalia: What are the Defenses?
Defenses for a possession of drug paraphernalia charge vary. One involves the lawyer arguing that the paraphernalia wasn’t actually used as drugs. Common defenses are often used as well, such as that the individual did not knowingly possess any drugs or drug paraphernalia. The Miranda rights violation is used when the individual was not read their rights upon arrest. Denial of right to counsel is a common defense that occurs when the person requests an attorney but is not allowed to speak to one. There are additional tactics that involve determining whether there were forensic flaws throughout the investigation, false statements and paperwork and more.
When you are facing such Arizona drug charges, you must have a skilled defense attorney on your side. DM Cantor is an AV rated firm with the highest possible rating by Martindale Hubbell. In addition, David Cantor is a Certified Criminal Law Specialist as per the Arizona Board of Legal Specialization. Call us today to schedule a free consultation. This meeting will take about 30 minutes in our office, and we’ll give you an idea of how to defend your case. To schedule a free consultation, please give us a call at (602) 461-8625, or send us an email and we’ll contact you.