Alternatives to Jail or Prison for Drug Crimes
Since most drug crimes are felonies, they all carry, depending upon the circumstances, at least the possibility, and in many cases the likelihood, of incarceration. Under A.R.S. § 13-901.01, however, mandatory probation may be a possibility, providing that you qualify under the terms of the statute. It applies, in the first instance, only to a first or second conviction for personal possession or use of a controlled substance (or drug paraphernalia).
Additional factors, however, may affect your ability to take advantage of the law. For example, a conviction for a violent crime will make you ineligible, as will offenses involving methamphetamine, prior refusal of drug treatment as a term of probation, as well as a number of others.
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Defending Drug Crimes
The law surrounding drug crimes is complicated. In addition to the complexities of the statutes themselves, many additional legal issues are often involved, such as illegal search and seizure (beginning in some cases with an unlawful traffic stop), entrapment, questions concerning actual or constructive possession, the accuracy of chemical tests, and others. Moreover, questions can and, in appropriate situations should be raised regarding chain of custody, missing evidence, duress, alleged confessions, and numerous other potential issues.
Drug Crimes Lawyer
It is essential that your lawyer be fully familiar with all aspects of defending these types of charges, as well as how best to avoid incarceration if you enter a guilty plea or are found guilty.
Finding the right drug crimes lawyer is the key to minimizing the damage of being charged and convicted of a drug crime. It is also important that your drug crimes lawyer be by your side as early in the process as possible to avoid arrest and protect your rights. If you have been charged with a drug crime, or if you are under investigation, contact Feldman & Royle, today. We will provide you with an honest evaluation of your case, and the initial consultation is free.