Drug possession charges can quickly escalate to intent to sell depending upon the amount allegedly found on you. This concept applies even if selling drugs was not your intention. Arizona state laws designate ‘threshold limits’ that describe the maximum amount a person can carry and their corresponding misdemeanor or felony charges.
Each type of drug carries a different threshold amount. However, an experienced Arizona drug possession lawyer can provide you with insight regarding possible defenses to your unique case. Prosecutors try possession with intent to sell as felonies which makes the charges against you quite serious.
How Arizona Police Try to Prove Their Case Against You
A top priority of any arresting officer is to gather evidence against you at the crime scene. He or she looks for elements that may corroborate the allegations that you intended to sell drugs. The types of things an officer may look for include:
- Drugs divided into baggies
- Drug paraphernalia
- Large amounts of cash on hand
- Drugs divided into separate baggies
- Cell phone and bank account records
- Scales and packaging items commonly used in sale
Law enforcement seizes anything that might look like supporting evidence that you are selling drugs. However, your unique circumstances and involvement may affect the state’s case against you. You can find out more about your specific situation by speaking with an Arizona criminal defense attorney.
Arizona Drug Possession Threshold Limits
Drug possession threshold limits are the amounts of drugs you can possess before prosecutors add intent to sell charges to your other charges. Here is a breakdown of threshold limits by drug type as described by Arizona law:
- Marijuana: 2 pounds
- Heroin: 1 gram
- Meth: 9 grams
- LSD: ½ ml or 50 dosage units
- Crack: 750 mg
- PCP: 4 grams
For other drugs not listed, prosecutors consider the value of the drug on you. Values greater than $1,000 usually result in distribution charges.
Defenses to Possession with Intent to Sell Cases
You are innocent until proven guilty. Just because you have pending drug possession with intent to sell charges against you in Arizona does not mean that you are going to receive a conviction. Your attorney will help you put together a defense, such as:
- Lack of knowledge the drugs were there
- Illegal arrest, search, or seizure
- Medical marijuana
- Religious uses
Not all cases are eligible to have charges dropped nor are they all a ‘slam dunk’ for the State of Arizona. However, you have a right to receive the most competent defense that provides the best fighting chance possible when facing such serious charges.
Consider working with Arja Shah Law. The firm’s founder, Arja Shah, is an aggressive drug possession lawyer in Phoenix, AZ. Clients appreciate her strong advocacy in the courtroom with a client-centered approach to service. You can discuss your case with Ms. Shah by calling (602) 888-0369 or by sending her a message through the firm’s request form.