Wednesday, October 30, 2019

Charged with Possession of Another Person’s Prescription Drug

Many people think that prescription drugs are safe to use – for good reason. For one, they have been approved by a physician. More importantly, they are legal. However, the same doesn’t apply when you are found in possession of prescription medication that wasn’t prescribed to you, but to someone else. The fact is, you can be charged with a felony if you are caught in possession of someone else’s prescription drugs.

The Arizona Drug Possession Laws

The State of Arizona is known for its strict drug possession laws. The penalty depends on various factors. These include the kind and amount of drug found in the possession of the person arrested, and the individual’s past criminal history. If you are found to be in possession of prescription-only drugs, various charges can be thrown your way. These include:

Illegal Possession of Prescription Drugs

To be convicted of illegal possession of prescription drugs, it must be proven that you knowingly took possession of another person’s prescription-only drugs. The state must also prove that you are aware that the drugs in question are for prescription only. The charge is considered as a misdemeanor. This means you can end up with a 6-month jail sentence. You will also spend 3 years under probation, and pay a mandatory fine of over $1800, including surcharges.

Possession of Dangerous Drugs

Under the law, dangerous drugs are narcotics other than marijuana. These include prescription medicines like Percocet, Vicodin, Oxycontin, as well as benzodiazepines. Proving unlawful possession of dangerous drugs is similar to proving illegal possession of prescription-only drugs. The difference is in the penalties. Illegal possession of dangerous drugs is considered a more serious felony, and therefore the penalties are considerably higher. The charge is a class 4 felony. A. You can face a maximum jail sentence of 3 years and 9 months. While it is a felony under class 4, if you are only charged with your first or second drug offense, under Proposition 200, you can receive a lighter sentence of probation, fines, drug treatment, and community service. That is why you need to get in touch with a reputable and experienced lawyer like Robert A. Dodell, Attorney at Law, right away. This way, you can be sure that your rights are protected from the time of your arrest. Likewise, you can rely on Robert Dodell, Attorney at Law to come up with the best possible criminal defense for you.

Drug Trafficking

This charge involves the possession or transport of unlawful drugs for sale. It is among the most serious of all possible drug charges. It is considered a class 2 felony. For the charge to stick, the state doesn’t have to prove that a sales transaction is going on at the time of the arrest. Finding a specific amount of drugs in your possession is sufficient. The presumption is that you are holding the drugs for sale. If convicted of drug trafficking, you may be sentenced to a maximum of 12.5 years in prison if it is your first offense. If you are found to be a repeat offender, you can be imprisoned for up to 35 years. A drug trafficking conviction likewise disqualifies you from eligibility for parole. If you’re a first-time offender and you are caught with an amount of drugs that is less than the threshold for the presumption of sale, you may be eligible to apply for a parole sentence.

Possible Defenses for a Drug Possession Charge

Following are possible defenses you can use when charged with drug possession:
  •     Issues about actual drug possession
  •     Issues on whether the drug is really prescription-only
  •     Constitutional challenges (including violations of Miranda rights, involuntary confessions, unlawful searches and seizures, and denial of counsel rights)
If you are charged with the felony of possession of another person’s prescription drugs, or any other drug-related charges, contact a reputable attorney right away. Drug charges should always be taken seriously. After all, your life and future are at stake. The lives of your loved ones will also be affected. Contact Robert A. Dodell, Attorney at Law, to protect you.    

The following blog post Charged with Possession of Another Person’s Prescription Drug was first published to (Robert . Dodell Law Offices Charged with Possession of Another Person’s Prescription Drug first appeared on:

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10601 N Hayden Rd, #I-103

Scottsdale, AZ 85260

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Monday, October 28, 2019

What is a Disorderly Conduct Charge in Arizona?

The disorderly conduct charge is one of the most broadly written statutes on the books in Arizona. Since the law is so broad, the crime can be defined in any number of ways. It’s up to the police at the scene to interpret the law and decide if a disorderly conduct charge is warranted. In fact, it is not unheard of for officers to cite an individual with disorderly conduct if they cannot think of another charge against them. Jail Time and Parole

Arizona Disorderly Conduct Laws

Under ARS 13-2904, disorderly conduct is defined as occurring when an individual knowingly “disturbs the peace” of a neighborhood, person, or group. As you can see, this broad definition may cover a lot of offenses, including:
  • Being ‘unreasonably’ noisy;
  • Behavior, defined as “fighting”, “violent” or “disruptive”;
  • Using offensive physical gestures or language that could provoke someone to retaliate;
  • Preventing others from going about their normal business or disturbing them while they are doing so;
  • Loitering or refusing to disperse a public gathering
Note the use of the word “knowingly.” This means that you cannot be charged with disorderly conduct if you were not aware that you were causing a disturbance. Generally, a disorderly conduct charge is just a class one misdemeanor, whose penalties include a maximum of six months jail time and a fine of up to $2,500 (not including surcharges). You may also be placed under probation. However, if there are firearms involved, the charges will be more serious. According to the law, an individual who recklessly discharges, displays, or handles a firearm may be charged with a felony disorderly conduct. This carries with it heavier penalties, including prison time and larger fines. And if there is an allegation of domestic violence involved, the charges worsen. Typically, the state may add a domestic violence designation to the disorderly conduct charge. This means that if you are convicted, there will be severe sanctions, including the requirement to undergo months of domestic violence counseling. If there are children involved, you may have problems obtaining custody of your children if a custody battle ensues. The court may also order you to find alternative living arrangements or not to contact family members.

Defending a Disorderly Conduct Charge

While a conviction for disorderly conduct may seem relatively minor, it can have serious consequences on your life and your livelihood. An employer may see the conviction as a basis for not hiring you. You may also have difficulty securing education, housing, and other essential services. If the police charge you with disorderly conduct, make sure you invoke your right to remain silent. For the state to convict you of disorderly conduct, they have to prove that you had “knowingly” “disturbed the peace.” Any statement that you make to the police may be used against you to show intent. Despite what police would have you believe, staying silent does not mean you are guilty. Rather, it is a way of protecting yourself against possible abuse by law enforcement officers who may twist your words to secure a conviction. An experienced attorney may be able to get the charges dismissed. Usually, it boils down to someone making a complaint against you and that person claiming that you knowingly bothered them.  The state still has to prove intent beyond a reasonable doubt. The witness or complainant against you may also have ulterior motives or credibility issues that a lawyer can bring out in court. Even if you are convicted, and this is your first offense, the judge may take this into account during sentencing and choose to give you a lighter sentence. For instance, they may only require you to render community service or pay a fine, and not sentence you to jail time. Attorney Robert Dodell is an experienced defense attorney who can help you get the best outcome for your disorderly conduct case. He will conduct his own investigation to determine the facts, and use these to defend you if you go to trial.  You need to protect yourself from a criminal record.

What is a Disorderly Conduct Charge in Arizona? is republished from azcrimlaw.com What is a Disorderly Conduct Charge in Arizona? first appeared on:

Robert A. Dodell, Attorney at Law - Serving Scottsdale, Tempe & Mesa, AZ

10601 N Hayden Rd, #I-103

Scottsdale, AZ 85260

(480) 860-4321

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