Whether you are charged with possession, intent to distribute, or the manufacture of drugs, you need to find a defense attorney who will best defend your case and help you get your life back on track. At Diaz Law, we pack the punch of a large white-shoe law firm, while providing the dedication and personal touch you can only get from a boutique law firm.
Don’t let the penalties from a drug charge rule your life. Contact the office of Diaz Law today to schedule your free consultation and set your defense in motion. We welcome clients who speak both English and Spanish.
Attorney Hector Diaz brings decades of experience in a variety of criminal, civil, and administrative defense matters for high-profile individuals and corporations across the country to his community in the Scottsdale, Paradise Valley, and Greater Phoenix areas. Formerly the head of white-collar and criminal defense at the national firm Quarles & Brady LLP, his career has taken him from coast to coast, working on both the cases that make headlines and gain worldwide attention, as well as those that he skillfully keeps out of the news.
As a private practitioner, Attorney Hector Diaz is dedicated to a high standard of discretion, thoroughness, and proactive investigation in criminal defense cases. If you want a lawyer who will begin looking at the evidence at the first sign of trouble, before a charge has even been filed, there’s no better attorney to call than Hector Diaz at Diaz Law.
When talking about drug crimes, the list of possible offenses goes farther than a mere possession charge. Factors like the category of substance, the quantity possessed, and the presence of paraphernalia will determine which charges you receive and the severity of the offenses. Some of the offenses under the umbrella of drug charges include:
● Possession with intent to distribute or sell
● Possession of drug paraphernalia
● Drug transportation and trafficking
● Drug manufacturing
● Possession of equipment and tools for drug manufacturing
● Administration of a dangerous drug to another person
Manufacturing charges can be particularly severe, especially when they involve the production of controlled substances.
As can be noted above, the discovery of objects that could be used for the production, consumption, or even the storage of drugs will land you a charge. Tens of thousands of Arizonans are charged with drug-related crimes each year, and an experienced lawyer will be familiar with effective defense strategies, loopholes to exploit, and techniques to lessen penalties and headaches down the line.
Types of Controlled Substances
Controlled substances are categorized into different types based on their potential for abuse, medical use, and potential for dependence. Understanding these categories is crucial for navigating the complexities of drug laws and regulations.
● Narcotics: These substances are derived from opium or opium-like compounds and include drugs such as cocaine, heroin, morphine, and codeine. Narcotics are highly addictive and are often associated with severe legal penalties due to their potential for abuse and dependence. These are classified as Narcotic Drugs under Arizona law.
● Non-narcotic Prescription Medications: These are medications prescribed by doctors for legitimate medical purposes but have a high potential for abuse. Examples include benzodiazepines, which are used to treat anxiety, and stimulants, which are prescribed for conditions like ADHD.
● Dangerous Drugs/Illicit Substances: These are drugs that are illegal to possess or use without a prescription. Common examples include lorazepam, testosterone, fentanyl and methamphetamine.
● Anabolic Steroids: Often used to enhance athletic performance or physical appearance, anabolic steroids are controlled substances due to their potential for abuse and negative health effects.
Understanding the different types of controlled substances can help you better navigate the legal landscape and the potential consequences of drug-related offenses.
Drug charges in Arizona are almost exclusively felony offenses, ranging from a class 6 up to a class 2 felony. A felony conviction, regardless of level, carries with it prison time, fees, and years of probation, so it’s important to have a lawyer who takes the time to consider your case from all angles and does everything possible to reduce the burden on you.To prepare you for the charges and possible conviction that may come, it can be helpful to know exactly how Arizona law sets the expectations for sentencing based on the alleged crime. Some common crimes and the designated penalties are:
● Drug paraphernalia: class 6 felony
● Possession or use of a dangerous drug: class 4 felony
● Possession of tools or chemicals for drug manufacture: class 3 felony
● Manufacture of a dangerous drug: class 2 felony
For those facing a first offense, the penalties can be less severe, but it is still crucial to have competent legal representation.
In cases of a clean record and relatively minor possession charges, the charge can be reduced to the level of a class 1 misdemeanor. While still severe, a misdemeanor sentence means significantly lower fines, less jail time, retention of the rights that felons lose, and much less stigma when returning to public life.
Whatever your offense may be, if it involves certain drugs, like methamphetamine, you will be automatically raised to a more severe penalty due to the more serious bodily and societal harm these drugs pose.
Courts will always take into account an individual's past convictions when considering the sentence for a more recent offense. Sometimes, it is permissible to include all offenses, not just those similar to the charge at hand. An experienced lawyer will know how to leverage the circumstances surrounding the offense to argue in your best interests and convince the court to see beyond the charges on paper.Though the conviction is at the discretion of the judge and whether they perceive there to be mitigating or aggravating circumstances surrounding your charge, Arizona law does provide a general guideline of maximum penalties under normal circumstances. Felonies have minimum imprisonment terms as well as maximum, which are listed below.
For first-time offenders, the expected penalties for each level are:
● Class 1 Misdemeanor:
○ Jail time: up to 6 months
○ Fines: up to $2,500
○ Probation: up to 3 years
● Class 6 Felony:
○ Jail time: up to 1.5 years
○ Fines: up to $150,000
○ Probation: up to 3 years
● Class 5 Felony:
○ Jail time: up to 2 years
○ Fines: up to $150,000
○ Probation: up to 3 years
● Class 4 Felony:
○ Jail time: up to 3 years
○ Fines: up to $150,000
○ Probation: up to 4 years
● Class 3 Felony:
○ Jail time: up to 7 years
○ Fines: up to $150,000
○ Probation: up to 5 years
● Class 2 Felony:
○ Jail time: up to 10 years
○ Fines: up to $150,000
○ Probation: up to 7 years
In some cases, particularly those involving large quantities of drugs, offenders can face a life sentence.
Defending against drug charges requires a comprehensive understanding of the law, the evidence, and the prosecution’s strategy. A skilled attorney can help you navigate the criminal justice system and achieve the best possible outcome for your case. Here are some common defenses against drug charges:
● Lack of Probable Cause: If the police did not have probable cause to search or arrest you, any evidence obtained during the search may be inadmissible in court. This can significantly weaken the prosecution’s case against you.
● Entrapment: If law enforcement officers induced you to commit a crime that you would not have otherwise committed, you may be able to claim entrapment. This defense can be particularly effective if it can be shown that the police overstepped their bounds.
● Inadmissible Evidence: Evidence obtained illegally or in violation of proper procedure can be challenged in court. If the evidence against you is deemed inadmissible, it cannot be used to convict you, which can lead to a dismissal of charges.
● Other Factors: There may be other factors that contribute to getting drug charges reduced or dropped, such as police misconduct, lack of evidence, or procedural errors. An experienced attorney will know how to identify and leverage these factors to your advantage.
Consulting with a skilled attorney is essential to determine the best defense strategy for your case and to ensure that your rights are protected throughout the legal process.
Drug crimes can be prosecuted at both the federal and state levels, and understanding the differences between the two is crucial for navigating the legal system.
● Federal Drug Crimes: These are typically more severe and involve larger quantities of controlled substances. Federal drug crimes often include drug trafficking, large-scale distribution, and manufacturing operations. Federal law enforcement agencies, such as the DEA, are usually involved in these cases, and the penalties can be much harsher, including longer prison sentences and higher fines.
● State Drug Crimes: These may involve smaller quantities of controlled substances and generally result in less severe penalties compared to federal charges. However, state drug crimes can still lead to significant consequences, including jail time, fines, and a criminal record. State laws vary, so the specific penalties can differ from one jurisdiction to another.
A skilled attorney can help you determine which jurisdiction has authority over your case and develop a defense strategy accordingly. Understanding whether your case will be prosecuted at the federal or state level is essential for preparing an effective defense.
Drug crime law is incredibly complex with a large amount of ambiguity, making skilled legal representation essential. Many times, charges can be compounded for all the offenses that apply. For example, Arizona law specifies a wide variety of objects designated as “drug paraphernalia,” but anything suspected of being used for drugs is eligible to be considered during sentencing. While this ambiguity can be used against you, an attorney may also use it to their advantage if there is any plausible deniability regarding your case. Mistakes and one-off situations happen, but if your charge is the result of a misunderstanding related to substance misidentification, ownership and possession confusion, or a lack of due process on the part of law enforcement, you could have a strong case worth defending.
You will be assigned a court-appointed attorney by default, but with their large case loads and busy schedules, you never know if you’ll receive a public defender who will invest enough time into your case and support you in your time of need. With a private attorney, they choose you as much as you choose them.
At Diaz Law, we promise the bang for your buck that you deserve and direct representation by our founding attorney. You won’t be passed off to a junior associate or spend your time exclusively talking to paralegals. Attorney Hector Diaz maintains many contacts within Arizona’s courts, and he is committed to getting the story straight with prosecutors and experts so that he can deliver accurate and honest information to his clients. His expertise is respected and recognized locally; he is a recurring fixture on 12News, where he takes the time to provide legal clarifications, tips, and knowledge to the public.
If you are facing drug charges, it’s essential to consult with a skilled attorney as soon as possible. A free consultation with a defense lawyer can provide you with valuable insight into your case and help you determine the best course of action.
During a free consultation, a defense lawyer can:
● Review the Evidence Against You: The attorney will examine the evidence to identify any weaknesses or inconsistencies that can be used in your defense.
● Discuss the Prosecution’s Strategy: Understanding the prosecution’s approach can help in developing a robust defense strategy.
● Determine the Best Defense Strategy for Your Case: Based on the specifics of your case, the attorney will recommend the most effective defense tactics.
● Answer Any Questions You May Have: This is your opportunity to ask questions and gain a better understanding of the legal process and what to expect moving forward.
Don’t face drug charges alone. Contact a skilled attorney today to schedule a free consultation and take the first step towards achieving the best possible outcome for your case.
The information you obtain at this site is not, nor is it intended to be, legal advice. The Diaz Law team is licensed to practice law in Arizona. We invite you to contact us, but please be aware that contacting us does not establish an attorney-client relationship. Please do not send any confidential information to us until an attorney-client relationship has been established.
Diaz Law can be reached by phone or through an online form submission. You shouldn’t have to pay until you’ve determined whether an attorney is the right fit for you. We are proud to offer free consultations to discuss your case and help you determine the next steps. Attorney Hector Diaz handles cases all over Arizona but has a focus in the Scottsdale, Phoenix, and Paradise Valley areas. We are a bilingual English and Spanish-speaking firm.
Not sure yet? Feel free to browse our website to gain access to helpful information and descriptions of the many case types that attorney Hector Diaz is equipped to defend.
