How do I get a drug paraphernalia charge dropped in Arizona?

How do I get a drug paraphernalia charge dropped in Arizona?

If law enforcement found the alleged paraphernalia through an illegal search, the defense attorney can file a motion to suppress requesting the court to disregard the illegally-obtained evidence. If the judge grants the motion to suppress, the D.A. may be left with too weak of a case to pursue a criminal conviction.

What is the charge for possession of drug paraphernalia?

A first-time offense for selling illegal drug paraphernalia is a Class A misdemeanor, punishable by up to 1 year in jail and up to a $4000 fine. A subsequent offense for selling illegal paraphernalia can lead to a felony charge, which is punishable by 90 days or up to 1 year in jail or prison and a fine of up to $4000.

What does drug paraphernalia possess/use mean?

“Drug paraphernalia” means all equipment, products and materials of any kind that are used, intended for use or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing.

What is unlawful possession of drug paraphernalia?

The offense of unlawful possession of drug paraphernalia is a class E felony if the person uses, or possesses with intent to use, the paraphernalia in combination with each other to manufacture, compound, produce, prepare, test, or analyze amphetamine or methamphetamine or any of their analogs.

Can you go to jail for drug paraphernalia in Arizona?

Possession of Drug Paraphernalia is charged as a class six (6) felony. However, under Proposition 200 (i.e. “Prop 200″) if convicted of a first or second non-violent possession or use of drug or drug paraphernalia offense, you cannot get prison or jail. You can only be sentenced to probation.

How do you fight a paraphernalia charge?

One of the most common ways to dismiss drug paraphernalia charges from a record is to prove that probable cause didn’t exist. If a police officer pulled you over without stop or seizure of your person. The drug charge, in all probability, will be dismissed.

How do you get a paraphernalia charge dropped?

How bad is a drug paraphernalia charge?

Possession of drug paraphernalia is a misdemeanor offense under state law. If you are convicted of this crime, your may face up to six months of jail time. The law requires a minimum of 15 days in custody. Penalties may also include fines of up to $1,000.

Is possession of drug paraphernalia a felony?

In most states throughout the country, possession of drug paraphernalia is treated as a misdemeanor offense, which means that a person generally won’t be looking at more than one year in jail for that offense. However, under federal law, drug paraphernalia charges are felonies, punishable by up to 3 years in prison.

How do you get a drug possession charge dropped?

Tips for Getting Drug Charges Dropped

1. Plea Deals. In many drug cases, a serious offense can be accompanied by one or more less severe charges.
2. Police Cooperation. Basically, this tactic involves providing the police with information on other drug users and distributors.
3. Law Enforcement Misconduct.
4. Illegal Searches.

Are Whippets illegal in Arizona?

Nitrous oxide also is commonly sold at raves in whippets or inflated balloons. In response to growing abuse among youth, the Arizona legislature passed a law in April 2001 making it illegal for individuals to knowingly sell, give, or deliver a nitrous oxide container to an individual under the age of 18.

Can a paraphernalia charge be dropped?

What is the punishment for Ars 13-3415?

In particular, a drug conviction under ARS 13-3415 is a Class 6 felony. First-time drug offenders of this law can receive a punishment of up to two years in state prison (as opposed to jail time).

Which is a dangerous drug under Ars 13-3407?

Under ARS 13-3407, a dangerous drug crime is where people perform certain acts in relation to a dangerous drug (for example, possess one, use one, or make one). Common “dangerous drugs” include methamphetamine, mescaline, and MMDA. Drug use under this statute is a more severe crime than a violation of ARS 13-3415.

What makes possession of drug paraphernalia a felony in Arizona?

A.R.S. § 13-3415 criminalizes the possession of drug paraphernalia in Arizona, and it is a class 6 felony offense. The definition of drug paraphernalia is so broad that nearly anything can be classified as drug paraphernalia if it is used in connection with illegal drugs.

What’s the maximum sentence for a repetitive offender?

A category one repetitive offender shall be sentenced within the following ranges: Felony      Mitigated   Minimum    Presumptive   Maximum     Aggravated Class 2     3 years     4 years    5 years     10 years    12.5 years Class 3     2 years     2.5 years  3.5 years   7 years     8.75 years