Articles Posted in Arizona Drug Charges

In a recent appellate opinion in an Arizona drug case, the defendant unsuccessfully appealed his conviction of one count of possession or use of dangerous drugs and one count of possession of drug paraphernalia with the aggravating circumstance that he was on release from confinement and had historical prior felony convictions. In the appeal, the…

In a recent case coming out of an Arizona court, the defendant appealed her convictions and sentences for several drug-related crimes. On appeal, the defendant specifically argued that the prosecution failed to provide a sufficient foundation for some of the evidence presented against her at trial. After considering this argument, the court of appeals affirmed…

Under the Fourth and Fourteenth Amendments to the United States Constitution, law enforcement officers are not permitted to perform a search of someone’s property without a warrant, reasonable suspicion, or probable cause that the search would reveal evidence of illegal activity. When a police officer performs a search without a warrant or probable cause, any…

In a recent opinion from an Arizona court, the defendant’s motion to suppress evidence of drug possession was denied. Originally, the defendant was charged and convicted of transportation of dangerous drugs for sale when a police officer found 40 individually packaged bundles of methamphetamine in the defendant’s truck. On appeal, the defendant argued that the…

Earlier this month, a state appellate court issued a written opinion in an Arizona drug case affirming the defendant’s conviction for selling methamphetamine. The case illustrates the lengths that law enforcement will go to when investigating drug crimes. The Facts of the Case According to the court’s opinion, the Prescott Police Department was conducting a…

Recently, a state appellate court issued an opinion in an Arizona drug case involving the automobile exception to the search warrant requirement. According to the court’s opinion, an officer initiated a traffic stop of a vehicle with two passengers after noticing the vehicle swerve across the fog line of a highway in Arizona. During the…

The U.S. Supreme Court has long held that when the prosecution uses drug courier profiling evidence for the purpose of substantially proving guilt, it is a violation of the defendant’s right to a fair trial.
Drug profiling is when the police officers observe a collection of behaviors typically recognized in law enforcement as being associated drug dealer conduct.
While police can use drug courier profiling evidence to establish reasonable suspicion to stop and investigate a person’s actions, this evidence cannot be used at trial largely to prove guilt. This is because by doing so, the defendant is essentially prosecuted for what others have done instead of what the defendant has done.

Challenges for drug trafficking charges can be made on several fronts. Here are three uncommon defenses used in a recent Arizona Court of Appeals case:
1) Batson Challenge (Trial procedure defense)
2) Search was not within scope of consent (Constitutional challenge)
3) Contesting of expert testimony on drug-courier profiling (Evidentiary challenge)
This article also provides a case summary, penalties and criminal defense for drug trafficking charges in Mesa AZ.

If you have criminal charges, you will likely face a decision of whether or not to accept a plea deal, or enter a diversion program. This is because most criminal and DUI cases are resolved or terminated before trial. Maricopa County Superior Court reported that 97.8 percent of criminal cases filed in 2016 were resolved or dismissed, while only 2.2% went to trial.
This trend of increased plea bargains and deferred prosecution arrangements is on the rise and has been reported on the upswing on a federal level as well. The United States Sentencing Commission reported that 97.3 percent of criminal cases were resolved with the defendant entering a guilty plea, and 2.7 percent by trial. Defendants still have the right to trial. However, many choose to enter a plea agreement or deferred prosecution program to avoid the uncertainties of trial and to avoid the risk of being sentenced to harsh or maximum penalties.
Prosecutors are encouraged to pursue plea agreements and to offer diversion programs to reduce court caseloads, and to preserve resources needed to conduct a trial.
In any event, it is a good idea to become familiar with these arrangements so that if you are faced with a proposal, you can make informed decisions about whether or not to enter into these arrangements.
In this article we will discuss plea agreements, deferred sentencing, and how a criminal defense attorney can assist you in obtaining the best outcome in these arrangements.

The US Supreme Court determined that even though the stop was unlawful, the drug evidence could be admitted and used against him obtain a drug conviction. In this article we will outline the US Supreme Court decision; featured topics related to 4th amendment rights; how resolving an arrest warrant will help to preserve your rights; Questions and answers about arrest warrants