Arizona’s Premiere Drug Trafficking Lawyer
DRUG TRAFFICKING LAWYER IN PHOENIX, ARIZONA
Arizona’s proximity to the border with Mexico allows the state to serve as a key distribution hub for illegal drugs given its comprehensive transportation network. Drug traffickers frequently use private vehicles and commercial trucks to transport illegal drugs into and across the state. Although less common, drug traffickers also employ couriers on commercial planes, buses, and railcars. It is not uncommon for drug traffickers to smuggle illegal drugs via package delivery services, such as: DHL, Fedex, UPS, and USPS. Drug Trafficking Organizations (DTOs) and criminal groups primarily utilize major highways such as Interstates 8, 10, 17, 19, and 40, along with U.S. highways 85 and 86, for moving drugs through Arizona and to other parts of the country.
Oprima aquí para leer el blog en inglés
Elements of Drug Trafficking in Phoenix, Arizona
Pursuant to the Arizona Revised Statutes Title 13 Chapter 34
A person shall not knowingly possess an illegal substance for sale.
The crime of possession of illegal drugs for sale requires proof of the following:
- Defendant knowingly possessed the illegal drugs;
- Knowledge that the substance was present;
- Knowledge that the substance was an illegal substance; and
- The illegal substance was possessed for purposes of sale.
“Sale” means an exchange for anything of value or advantage, present or prospective.
How is possession defined?
The law recognizes different types of possession. At trial, juror’s are instructed as follows:
“Actual possession” means the defendant knowingly had direct physical control over an object. “Constructive possession” means the defendant, although not actually possessing an object, knowingly exercised dominion or control over it, either acting alone or through another person. “Dominion or control” means either actual ownership of the object or power over it. Constructive possession may be proven by direct or circumstantial evidence. Both actual and constructive possession may be sole or joint. “Sole possession” means the defendant, acting alone, had actual or constructive possession of an object. “Joint possession” means the defendant and one or more persons shared actual or constructive possession of an object. You may find that the element of possession, as the term is used in these instructions, is present if you find beyond a reasonable doubt that the defendant had actual or constructive possession, either acting alone or with another person.
Threshold Amounts for Drug Trafficking in Phoenix, Arizona
Arizona Revised Statutes § 13-3401 provides the threshold amounts for illegal drugs.
“Threshold amount” means a weight, market value or other form of measurement of an unlawful substance as follows:
(a) One gram of heroin.
(b) Nine grams of cocaine.
(c) Seven hundred fifty milligrams of cocaine base or hydrolyzed cocaine.
(d) Four grams or 50 milliliters of PCP.
(e) Nine grams of methamphetamine, including methamphetamine in liquid suspension.
(f) Nine grams of amphetamine, including amphetamine in liquid suspension.
(g) One-half milliliter of lysergic acid diethylamide, or in the case of blotter dosage units fifty dosage units.
(h) Two pounds of marijuana.
(i) Nine grams of fentanyl or fentanyl mimetic substances.
(j) For any combination consisting solely of those unlawful substances listed in subdivisions (a) through (i) of this paragraph, an amount equal to or in excess of the threshold amount, as determined by the application of section 13-3420.
(k) For any unlawful substance not listed in subdivisions (a) through (i) of this paragraph or any combination involving any unlawful substance not listed in subdivisions (a) through (i) of this paragraph, a value of at least $1,000.
Consequences of Drug Trafficking in Phoenix, Arizona (Non-Meth)
Arizona Revised Statutes provides;
The consequences of drug trafficking in Phoenix, Arizona are severe, even for first-time offenders. If the aggregate amount of illegal drugs involved exceeds the statutory threshold amount, a person convicted of drug trafficking in Phoenix, Arizona is not eligible for probation, or release from confinement on any basis until the person has served the sentence imposed by the court.
Drug trafficking in Phoenix, Arizona if the aggregate amount of illegal drugs involved exceeds the statutory threshold amount, is a Class 2 Felony. The sentencing range for a first-time offender convicted of a Class 2 felony is anywhere from 3 to 12.5 years in the Department of Corrections.
Probation would only be available if the amount of illegal drugs involved were below the statutory threshold amounts. Defendant’s with historical prior felonies could face significantly harsher consequences.
Consequences of Drug Trafficking in Phoenix, Arizona (Methamphetamine)
Arizona Revised Statutes § 13-3407 provides;
A first-time offender convicted of Drug trafficking Methamphetamine in Phoenix, Arizona over the statutory threshold amount of 9 grams, will face a sentencing range of 5 to 15 years flat-time in the Department of Corrections. Flat-time means the Defendant would not be eligible for early release credit and would have to serve 100% of their sentence.
Hire An Experienced Drug Trafficking Lawyer in Phoenix, Arizona
SOTO-LAW has earned dozens of favorable results for clients accused of drug trafficking in Phoenix, Arizona
SOTO-LAW has represented dozens of clients accused of drug trafficking throughout the entire state of Arizona as well as in federal courts in Arizona, Florida, and Pennsylvania. For a free consultation with an experienced and aggressive Drug Trafficking Lawyer call us today!