Future First Criminal Law

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A Class 6 felony drug case in Maricopa County Superior Court sat in pre-trial limbo while Proposition 207 reshaped Arizona drug law. An active warrant sat on top of the felony, one traffic stop from booking. Future First filed paired motions and got the case dismissed with prejudice and the warrant quashed the same day.

At a glance

Court Maricopa County Superior Court
Original charge Possession of a Controlled Substance (ARS § 13-3405(A)(1)), Class 6 Felony
Compounding factor Active arrest warrant on the case
Presumptive exposure Up to 2 years prison under aggravated terms, probation exposure, fines and surcharges, permanent felony record
Result Dismissed with prejudice; warrant quashed same day
Conviction None
Eligibility for set aside N/A (no conviction)
Eligibility for sealing Immediate under ARS § 13-911 in 2020 (case ended in dismissal)

The stakes

The client faced a Class 6 felony for possession of a controlled substance in Maricopa County Superior Court. The charge carried up to 2 years of prison exposure under aggravated sentencing, probation conditions, fines and surcharges, and a permanent felony record.

An active arrest warrant compounded the risk, putting the client one traffic stop away from booking. The case sat in pre-trial limbo while Proposition 207 reshaped Arizona drug law in 2020. The combination of pending felony exposure plus active warrant created two separate problems that both needed to be resolved.

What we did

Future First filed a Motion to Dismiss arguing the indictment was no longer legally sufficient under Proposition 207, paired with a Motion to Quash the outstanding warrant. The State declined to object. The court dismissed the case with prejudice. The warrant was quashed the same day.

Because no conviction was entered, ARS § 13-905 set-aside relief was not needed. Sealing under ARS § 13-911 became available in 2020 as a dismissed matter, giving the client a path to seal the arrest record from background checks. The warrant exposure ended the same day the felony case closed.

What our clients say

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If you’re facing a felony drug charge in Arizona

Arizona’s drug statutes under ARS § 13-3405 (marijuana), § 13-3407 (dangerous drugs), § 13-3408 (narcotic drugs), and § 13-3415 (paraphernalia) cover a wide range of conduct, and the State files most personal-use drug cases at the felony level even when the quantity is small.

Proposition 207, approved by voters in November 2020, legalized possession of up to one ounce of marijuana by adults and created a path to dismiss and expunge prior marijuana convictions and pending cases. Felony marijuana cases pending at that moment became eligible for dismissal under the new framework. The dismissal motion typically pairs a substantive Proposition 207 argument with the practical procedural steps needed to close the case file (quashing outstanding warrants, releasing any bond, returning property seized at arrest).

Active warrants on pending felony cases create a separate problem that does not go away on its own. Until the warrant is formally quashed by court order, the client risks arrest on any law enforcement contact. A Motion to Quash filed in tandem with the dismissal motion closes both problems simultaneously.

Future First Criminal Law has handled felony drug cases across Maricopa County and Arizona, including Proposition 207 dismissals paired with warrant quashals. We know how the dismissal motions get framed under the new law and how to coordinate the quash motion so both close on the same day.

Related resources

Call us

Facing a 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 dismissal, warrant relief, and post-case sealing.


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 and Proposition 207, visit the Arizona State Legislature website.