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A Class 6 undesignated felony narcotic drug possession charge could have produced up to 2 years of prison and a permanent felony record. Future First secured entry into the MCAO Felony Pretrial Intervention Program, the client completed every condition, and the State moved to dismiss with prejudice.
At a glance
| Court | Maricopa County Superior Court |
| Original charge | Possession or Use of Narcotic Drugs (ARS § 13-3408(A)(1)), Class 6 Undesignated Felony |
| Presumptive exposure | 4 months to 2 years of prison (presumptive 1 year), supervised probation eligibility, fines up to $150,000 plus 78% surcharge, restitution, permanent felony record, lifetime collateral consequences for employment, housing, immigration, and civil rights including firearm possession |
| Result | Felony Pretrial Intervention Program completed (entry July 2022); State filed Motion to Dismiss with Prejudice; court granted dismissal order in January 2023 |
| Conviction | None |
| Eligibility for sealing | Immediate under ARS § 13-911 (case ended in dismissal with prejudice) |
The stakes
The client faced a Class 6 undesignated felony for Possession or Use of Narcotic Drugs under ARS § 13-3408(A)(1) at Maricopa County Superior Court. A Class 6 felony narcotic conviction carries 4 months to 2 years of prison, supervised probation eligibility, fines up to $150,000 plus 78% surcharge, restitution, a permanent felony record, and lifetime collateral consequences for employment, housing, immigration, and civil rights including firearm possession.
What we did
After Future First’s defense work secured entry into the Maricopa County Attorney’s Felony Diversion Program in July 2022, the client completed every condition of the program. The State filed a Motion to Dismiss with Prejudice and the court entered the dismissal order in January 2023.
No conviction was entered. No prison, probation, or fine was imposed. Under ARS § 13-911, the arrest record is eligible for sealing immediately upon dismissal. The “with prejudice” framing means the State cannot refile the charge later — the case is closed permanently.
What our clients say
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If you’re facing a Class 6 felony narcotic charge in Arizona
The Maricopa County Attorney’s Felony Pretrial Intervention Program (FPIP) is the office’s pre-conviction diversion track for eligible Class 6 felony cases. The program runs approximately 6 to 12 months and includes structured conditions (counseling, drug testing, community service, restitution) tailored to the case category. On successful completion, the State files a Motion to Dismiss and the court closes the case without a judgment of guilt.
FPIP is one of the strongest pre-conviction tools available on Class 6 drug possession cases. The eligibility analysis turns on the offense category, the defendant’s criminal history, and the prosecutor’s discretion. Narcotic drug possession at the simple-possession tier (not for-sale) is one of the more common FPIP candidates. The diversion track lets the client address any underlying substance abuse issues while avoiding a felony conviction.
Dismissal “with prejudice” is the strongest dismissal type. Without prejudice means the State can refile if circumstances change. With prejudice means the case is closed permanently. Getting the State to file a Motion to Dismiss with Prejudice after diversion completion is the cleanest possible outcome on a felony drug case.
Future First Criminal Law has handled Class 6 narcotic drug cases across Maricopa County. We know how MCAO evaluates FPIP eligibility, what the program looks like in practice, and how to position a client for diversion entry before the case moves toward plea-track resolution.
Related resources
- Arizona criminal defense — full overview of how we handle felony and misdemeanor charges
- Set aside and sealing in Arizona — how to clean up your record after a felony case
Call us
Facing a Class 6 felony drug charge in Arizona? Call Future First Criminal Law at 602-900-7625 or request a free consultation. We have handled hundreds of felony cases across Arizona. The earlier we are involved, the more options you have for FPIP entry and dismissal.
Anonymized in line with firm policy. Client name not used. Specific dates approximated to year only. Outcome described reflects this client’s actual results. Past outcomes do not guarantee future results. For more detailed information on Arizona drug law, visit the Arizona State Legislature website.