Possession of Drug Paraphernalia Lawyer Case Results in Scottsdale, Arizona

Client Charged With A Possession of Drug Paraphernalia Crime in Scottsdale, Arizona

(DIVERSION & CHARGES DISMISSED)

The possession of drug paraphernalia is an offense with a broad definition in Arizona. This means, in part, that if an officer suspects you have used or intended to use a lawful item for illegal purposes, they can charge you with possession of that item. The term "drug paraphernalia" refers to objects that are used to use any drug. However, just because someone else uses a specific item for drug use does not necessarily mean that this was also your intent. Whatever situation you are facing, the following case study is an example of how it is possible to resolve your possession of drug paraphernalia charges with a diversion agreement and have them dismissed.

Arizona Revised Statute 13-3415

In Arizona, the possession of drug paraphernalia is addressed by Arizona Revised Statute 13-3415. Drug paraphernalia typically includes anything used to inject or smoke drugs, such as bongs, papers, needles, pipes, or any container used to store drugs.

The law states that it is illegal for someone to:

• To use, or to possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a drug.
• To deliver, possess with intent to deliver, or manufacture with intent to deliver drug paraphernalia knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a drug.
• To place in a newspaper, magazine, handbill, or other publication any advertisement knowing, or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia.

Mr. P Case Study

Mr. P was a young man who enjoyed playing sports and hanging out with his friends. On Saturday afternoons, he and his buddies would regularly get together to play basketball at a local park. After games, they would often sit in Mr. P’s car and chat about plans for the rest of the weekend as they enjoyed each other’s company.

On one Saturday afternoon, as Mr. P and his pals were sitting in his car in a cul-de-sac near the parking lot of the basketball court, a Scottsdale police officer approached them. Dustyn rolled down his window and politely greeted the officer, “Is there something wrong here, sir?”

The officer immediately smelled a strong odor of marijuana emitting from the vehicle and asked Mr. P to exit the vehicle. He asked Mr. P if he had been smoking marijuana in the car, an accusation he denied. Because the officer had reasonable suspicion to believe that Mr. P had been smoking pot in his car, he asked everyone in the car to step out so he could perform a search.

To search your car without a warrant or with your permission in Arizona, law enforcement officials must have probable cause. To establish probable cause, a police officer must have a solid suspicion that a crime—like drug or alcohol possession—has been committed. A single traffic infraction is not sufficient justification to search a car.

The following objects or behaviors give law enforcement officials reason to believe they have a warrant to examine your car:

• Weapons, drugs, or drug paraphernalia that are visible.
• The smell of cannabis.
• Witnesses' testimonies.
• Driver confessing or providing details.
• Reasonable suspicion that the car search is required for the protection of the officer’s safety

Mr. P was cited for possession of drug paraphernalia and released.

Potential Penalties

If Mr. P were convicted of possessing drug paraphernalia, he would face a $2500 fine and a class six (6) felony. However, under Proposition 200 (often known as "Prop 200"), you cannot receive a prison or jail sentence if you are found guilty of a first or second non-violent drug possession or use violation. Only probation can be imposed on you. However, if you break the terms of your probation, you may be arrested and held for up to 4 weeks before the judge reinstates your probation and releases you. Sometimes charges can be resolved through a "TASC" agreement or by lowering them down to a misdemeanor (which can result in up to six (6) months in jail if you violate probation).

The Adult Deferred Prosecution Program, known as TASC, takes three to six months to complete. There is one (1) monthly random urine test, one (1) Saturday, a three-hour drug and alcohol misuse education class, and expenses ranging from $300 to $700. An experienced attorney by your side can help facilitate a "TASC offer" because the TASC admissions staff is highly selective about who they let into these programs. If successful, your record will show that the charge of Possession of Drug Paraphernalia has been completely dismissed once it is finished.

A defendant is labeled "TASC ineligible" if they have already completed the TASC program or were previously found guilty of a drug-related offense. However, if a person has only one (1) past low-level drug conviction or has only completed TASC once, they are still "Prop 200′′ qualified. If the prior drug conviction was for the sale or transportation of drugs, encouraging prison contraband, driving while under the influence of drugs, or any methamphetamine drug-related charges, the defendant is ineligible for "Prop 200" probation only sentencing and is subject to jail or prison time. In addition, if the prosecutor determines that you have two prior felony drug convictions of any kind, they will prevent you from being eligible for the Prop 200 for a third crime.

If the defendant is not Prop 200 eligible, they will be convicted of a class six (6) felony, either probation with a maximum of one year in jail or a prison sentence ranging from four months to two years. The "jail only" range is nine months to 2.75 years in prison if the offender had one (1) historically allegeable prior felony conviction. The "prison only" range is 2.25 to 5.75 years of jail if the offender has two (2) historically allegeable prior felony offenses.

Take note that your previous two felony possession offenses, even though you obtained probation for them, still count as prior historical felonies, and you will face a very severe prison sentence upon your third conviction.

Possession Of Drug Paraphernalia Legal Strategy

Mr. P’s attorneys immediately reviewed his case and recorded the details. The primary defense to allegations of Possession of Drug Paraphernalia is that the allegedly "illicit" item was not drug paraphernalia because it was not being utilized in any way related to drugs. One might possess a substance that could be used for drug use for a variety of legitimate purposes. People can use pipes to smoke tobacco, for instance, or sheesha (flavored tobacco), both of which are entirely legal.

It does not follow that the defendant was engaging in such behavior because some people use pipes to smoke other illegal substances. According to the law, the prosecutor must present evidence regarding any statements made by the object's owner or anyone in control of it regarding its use, any prior convictions of the owner, the object's proximity to any drugs, the presence of any drug residue on the object, and direct or indirect evidence of the owner's intent. To refute the prosecution's claims, the defense must produce its own evidence regarding each of these issues.

In addition, defense attorneys must show that the defendant lacked the necessary knowledge, or "Lack of Knowledge", to "knowingly" possess any drug paraphernalia. Frequently it can be shown that something discovered in a person's car, home, or apartment was actually left there by someone else, such as a roommate, friend, family member, or visitor. The defendant often had no idea that there was an illegal substance there.

There are also various defenses and objections to constitutional violations that apply in all criminal cases. One is a "violation of Miranda rights", which is claimed frequently. In Arizona, a "voluntariness" criterion governs the admissibility of any damning statement into evidence (i.e., a remark that tends to acknowledge guilt). Those comments and any evidence acquired directly from those statements can be suppressed if they can show that the police bullied or manipulated you into making a confession or an incriminating statement or that they failed to read you your Miranda Rights properly.

Other defenses can involve questioning the legality of any search warrants or pointing up any "forensic faults" in the case investigation. This could include exposing defective methods for DNA testing, computer analysis/cloning hard drive techniques, fingerprint analysis, etc., depending on the other charges you have been brought up on.

One of the most popular defense strategies is pointing out errors or omissions in police reports, ranging from omissions to fraudulent claims, faulty photo alignments, and erroneous crime scene reconstruction. And last but not least is the "denial of right to Counsel” defense strategy". This happens when a suspect is being questioned while in custody and wishes to talk to their lawyer, but their request is denied.

Mr. P’s lawyers chose to show him in the best light possible, which eventually led to a diversion agreement. This kept his clean record intact and kept him out of jail. As a result, he received a diversion agreement and a small fine. In his agreement, he only received probation and a fee under $300 – a far cry from 6 months in jail and $2500 in fees. Needless to say, his family expressed great relief and gratitude for the tireless advocacy and exceptional legal assistance they received.

WE HELP GET YOUR DRUG CHARGES AND PENALTIES REDUCED OR DROPPED.

The drug crime lawyers at Scottsdale Drug Lawyer have over 35 combined years of experience defending clients in the Scottsdale, Arizona area. We’ve helped clients receive reduced penalties, dismissed charges and flexible legal results that make it easier to move on after your case. View our recent case results to get a better idea of how our criminal defense drug crime attorneys provide first-class service to their clients.