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Drug Trafficking Defense Lawyer in Arizona
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Arizona has severe consequences for people convicted of drug trafficking. Drug trafficking has a broad legal definition, and those accused can be subject to both state and federal charges. If you or a loved one has been accused of drug trafficking, trust a Phoenix drug trafficking lawyer to handle your case.
At the Belén Law Firm, our Arizona criminal defense lawyers are available to help you 24/7. The sooner you call us, the sooner we can begin defending your case and protecting your rights. Call us today at (602) 715-0908 to schedule a free consultation with a skilled Phoenix criminal defense lawyer at Belén Law Firm.
What Constitutes Drug Trafficking in Arizona?
Arizona laws have broad definitions when it comes to drug trafficking cases. Drug trafficking isn’t limited to crossing a border with an illegal substance or importing illegal drugs. Arizona has a minimum threshold amount for illegal drugs, which can automatically trigger a drug trafficking offense. Even if the drugs are for personal use, possession of an illegal substance in an amount over the threshold can bring about a more serious drug trafficking charge. Commonly trafficked drugs and their minimum thresholds are:
- Marijuana: 2 pounds
- LSD: .5 milliliter (50 doses)
- Amphetamine: 9 grams
- Methamphetamine: 9 grams
- PCP: 4 grams (50 milliliters)
- Cocaine: 9 grams
- Crack cocaine: 750 milligrams
- Heroin: 1 gram
- Other drugs with a value of more than $1,000
You do not have to be caught transporting or even selling drugs to face a drug trafficking conviction. Simply being found with them while meeting the minimum threshold amount can mean extensive jail time and high fines. The Phoenix drug trafficking lawyers at Belén Law Firm can help fight these offenses and protect your freedom.
Drug Trafficking Charges
Because of its proximity to Mexico and expansive highways, Arizona has a high rate of trafficking. Phoenix specifically is part of the Arizona High Intensity Drug Trafficking Area. Law enforcement officers in this area are constantly on the lookout for illegal activity. A routine traffic stop can turn into a search for controlled substances and illegal prescription drugs. If this sounds like something that happened to you, you need the services of the Phoenix drug trafficking attorneys at Belén Law Firm today.
Federal Drug Trafficking Charges
When someone is accused of a drug trafficking offense, they can be charged by both local and federal agencies. Federal drug trafficking charges are much more serious and have increasingly severe penalties. Federal agents are often brought in to investigate drug trafficking cases. Drug trafficking charges can turn into federal criminal charges if:
- Drugs are transported across state lines or country borders
- Federal authorities make the arrest
- Involvement in criminal organizations like gangs or cartels is suspected
- There are large sums of cash found
- Money laundering is suspected
- Prescription drug fraud is involved
Added Charges
Drug trafficking charges are rarely pursued alone. Additional charges often include drug manufacturing, illegal drug sales, felony possession of drugs, and possession with intent to distribute. Depending on the details of the case, charges can also include money laundering and felony possession of a weapon. A seasoned Phoenix criminal defense lawyer can fight to get the charges reduced or even dismissed. Contact the law office of Belén Olmedo Guerra today for a free case evaluation.
Penalties for Drug Trafficking in Arizona
Penalties for drug trafficking are wide-ranging and depend on the specifics of the drug trafficking case. In many cases, first-time offenders will have a higher sentence than those accused of violent crimes in Arizona. Many laws are aimed at expansive drug cartels, but individuals are often hit with the book in these types of offenses, as well.
The penalties for drug crimes in Arizona are dependent on many different factors of the case. Criminal records, prior convictions, and the type and quantity of drugs all go into determining the punishment for the crime. If you are caught with the threshold amount of dangerous drugs, probation is not an option and the full prison sentence must be served.
Trafficking a dangerous drug or prescription drugs that don’t belong to you is a felony in Arizona, which means the accused loses the right to bear arms and vote if convicted. Most offenses are a Class 2 felony, which results in a 3 to 12.5 year prison sentence for first-time offenders. For crimes involving methamphetamine, first offense penalties are generally 5-15 years and the convicted party must serve the entire sentence. Second offenses can result in a sentence of anywhere from 10-20 years.
Federal Penalties
Federal penalties are much more severe than state penalties for drug trafficking. Federal penalties are based on the schedule of the drug involved as well as the quantity of the drug. Severe penalties are attached to higher schedules. Dangerous substances that have high street value and no medicinal value like heroin, LSD, and ecstasy are Schedule I drugs. Offenses involving any amount of Schedule I and II drugs carry a maximum of 20 years in prison and a $1 million fine for a first offense. Larger quantities of these drugs can carry a 10-year to life sentence for first offenders, and those convicted face fines up to $4 million. Repeat offenses often result in life imprisonment.
What Are the Consequences of Felony Convictions?
Felony convictions stay on your criminal record for life, significantly impacting your ability to obtain a job, buying or renting a home, and pursuing an education. Those convicted of a felony also lose the right to bear arms and vote, and many lose any professional licenses they have. Multiple felony convictions can result in a life sentence.
What Should You Do if You Think You’re Under DEA Investigation?
You have constitutional rights, even after an arrest. One of these is that you don’t have to answer any questions from a law enforcement agency without your Phoenix drug crime lawyer present. If you are approached by a DEA agent or local law enforcement, you do not have to answer any questions or consent to a search. Officers are already under the impression that you committed the crime and they are only trying to get more evidence against you. In these cases, it’s imperative that you consult a Phoenix criminal defense firm right away to make sure your rights are protected and you get the best possible defense right from the start.
Why You Need a Phoenix Drug Trafficking Attorney
Drug possession, drug sale, and many other drug offenses can be linked to a drug trafficking crime, which can result in major convictions and hefty fines. An experienced criminal defense lawyer can explore all legal options for you and help you pursue the best possible outcome, whether that’s a plea bargain or fighting for your innocence at trial.
Whatever the case, at Belén Law Firm, we fight aggressively for your freedom while exploring all possible defenses for your Phoenix, AZ drug crimes. Our criminal defense attorneys are familiar with fighting charges from both local law enforcement and the federal government. The sooner you establish an attorney-client relationship with Attorney Belén, the better your chances at securing a positive resolution to your case.
Arizona Drug Trafficking Defenses
Skilled criminal defense lawyers like those at Belén Law Firm have ways of defending even the harshest of Phoenix drug trafficking charges. The burden of proof is on the prosecution. They must prove to a jury that you (1) were knowingly in possession of the drugs, (2) you transported them, sold them, or imported them, and (3) the substances were narcotic drugs. Remember, however, that intent to sell is assumed if the minimum threshold is met.
The most incriminating piece of evidence is the drugs themselves. Because they are major pieces of evidence, state and local authorities must handle them in a special way. An error in the way they were found or issues with the chain of custody can mean that your defense team can suppress the evidence. Our criminal defense team will thoroughly investigate these possibilities.
Other common defenses for alleged involvement in drug possession cases include:
- The credibility of witnesses or law enforcement
- Entrapment
- Illegal wiretapping
- Violation of constitutional rights
- Illegal search and seizure
- Lack of search warrant
- Lack of probable cause
- Failing to advise the accused of Miranda Rights
Free Consultation with a Top Phoenix Drug Crime Lawyer
Felony convictions can have a major impact on your life and the life of your loved ones. Jail time can mean time away from children and put a strain on any personal relationships. When you need aggressive representation from a knowledgeable attorney, call the Belén Law Firm as soon as possible. We can fight against state and federal drug crime charges and work to secure your freedom with a reduced sentence or dismissed charges.
As a 24 hour criminal defense attorney, Belén Olmedo Guerra provides unmatched representation to new clients at all hours of the night or day. We are equipped to handle everything from domestic violence charges to complex illegal drug sales. Call our Phoenix office today for a free review of your drug trafficking case. At your initial consultation, we will go over the details of your case and determine the best way to move forward. Don’t hesitate to call us at (602) 715-0908 or set up an appointment online.