Know Your Rights: What to Do if You’re Arrested for Drug Possession in Arizona

Being arrested for drug possession can be incredibly stressful and scary. However, it’s important to know your rights and understand the legal process so you can best protect yourself. This article provides an overview of what to expect if you’re arrested for drug possession in Arizona, as well as key actions you can take to build your defense.

What Constitutes Drug Possession?

In Arizona, drug possession refers to having illegal drugs on your person or property. This includes substances like:

• Cocaine, heroin, methamphetamine
• Prescription drugs that are not prescribed to you
• Psychedelics like LSD, mushrooms, peyote
• Marijuana and cannabis products

To convict you of drug possession, prosecutors must prove you knowingly possessed the drug. Possession applies to any amount, even residue. Possession is a felony in Arizona.

What Happens During the Arrest?

If police suspect you of drug possession, they can search you and your belongings. If they find drugs, they will arrest you and transport you to jail. Here’s what you can expect:

• You will be handcuffed and searched again at the jail. The police can also draw your blood to test for intoxication.
• Your personal belongings will be confiscated and cataloged.
• You will be fingerprinted and photographed.
• You can contact an attorney immediately to assist you.
• Within 24 hours, you will go before a judge who informs you of the charges and sets bail.

Do NOT resist arrest or argue with officers. Stay calm, and do not say anything about the situation until you speak to a lawyer.

Getting Bail

For drug possession, bail is typically set between $1,000-$10,000 in Arizona. Bail can be paid by cash or bond through a bail bonds agent. If you cannot afford bail, you may qualify for a public defender who can request reduced bail.

Factors that influence bail include your criminal history, history of drug abuse, ties to the community, and flight risk.

Building Your Defense

A drug possession charge can carry steep penalties like fines and years in prison. That’s why building a strong defense is crucial. Here are key steps to take:

• Do NOT admit to anything regarding the drugs. Remain silent until speaking to an attorney.
• Hire a criminal defense lawyer as soon as possible. An experienced lawyer can file motions, build defenses like improper search or false positives, negotiate with the prosecution, and represent you in court.
• Follow your lawyer’s advice precisely. They know how to best protect your rights.
• Consider enrolling in a drug counseling or rehab program. This demonstrates to the court you’re committed to positive change.

Possible Defenses

Your attorney may utilize defenses like:

• Lack of knowledge – Argue that you did not know the drugs were there. For example, they were left in your car by someone else.
• Illegal search – If the police lacked probable cause for the search, the results may be invalid.
• False positives – Lab tests can sometimes show false positives. Request follow-up testing.
• Medical necessity – For marijuana, you may argue it is medically necessary for a health condition.
• Entrapment – Argue you were illegally coerced or manipulated into the crime by police.

Avoiding Conviction

To secure a dismissal or avoid heavy penalties, your lawyer will negotiate with the prosecution for:

• Diversion programs – Complete drug rehab in exchange for reduced or dropped charges.
• Plea bargains – Plead guilty to lesser charges for reduced sentencing.
• Probation – Serve probation instead of jail time. Must comply with terms like counseling.

If negotiations fail, your case will go to trial. An experienced lawyer can argue before a judge and jury for your acquittal or minimal penalties.

Consequences of Conviction

If you are convicted of drug possession, the penalties get progressively harsher if it’s not your first offense. Expect:

• Fines up to $150,000
• Several years in prison
• Permanent criminal record
• Loss of voting rights, ability to own a firearm, some professional licenses
• Difficulty finding future employment
• Potential deportation if you are not a U.S. citizen

Consult an Attorney Today to Protect Your Rights

Drug possession charges should not be taken lightly. The consequences can negatively impact your life for years to come. Do not say anything to the police until you’ve spoken to an attorney. For professional legal help building your defense, visit Future First Criminal Law. Our experienced attorneys will aggressively protect your rights at every stage.

Contact our office today at 602 610 7025 for a free consultation.

We have two convenient office locations in Phoenix at:

• 8650 N 35th Ave UNIT 110, Phoenix, AZ 85051
• 2999 N 44th St Suite 307, Phoenix, AZ 85018

Let us help you get the best possible outcome for your case.