Narcotic Drugs
Narcotic drug crimes include cocaine, crack and heroin related offenses. Possession of a narcotic drug is a class four felony under Arizona law. Although most first time offenders are eligible for mandatory alternative sentencing, a presumptive prison term of 2.5 years in the Arizona State Prison can be ordered if the individual does not participate in drug treatment and has their probation revoked. Phoenix possession of narcotic drug charges most commonly involve cocaine or crack cocaine/cocaine base.
The particular narcotic drug violation that may be charged in your case depends on the amount of drugs involved and whether the narcotic drugs were being possessed for personal use or with the intent of future sale. If the defendant has a prior criminal records, even for non-drug related criminal acts, the punishment could be affected. Most individuals charged in Phoenix, Glendale, Scottsdale, Mesa or Tempe with possession of cocaine or possession of cocaine base as a first offense will be eligible for mandatory drug treatment under Proposition 200. Phoenix Proposition 200 drug defendants cannot be incarcerated unless they refuse to participate in drug treatment.
As with most Phoenix possession cases, the manner in which the police obtain the narcotic drugs you are charged with could give rise to certain defenses. The Fourth Amendment to the Unites States Constitution guarantees us all the right to be free from unreasonable searches and seizures.
If cocaine, crack, heroin or other narcotic drugs are discovered by the police during an illegal search, the prosecution may be prohibited from using that evidence against you at trial. Unlawfully obtained evidence is not automatically thrown out of court. An experienced Phoenix narcotic drug attorney like Joshua S. Davidson will challenge the conduct of the police if an illegal search was conducted.
We offer free consultations. No office visit required, we will get back to you within 24 hours.