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This Maricopa Felony Drug Diversion ended the client’s prison exposure before trial. The client faced a single Class 4 felony, possession of a narcotic drug, in Maricopa County Superior Court. Future First moved the case into a felony diversion program, and the State suspended prosecution. On completion the charge is dismissed and no felony conviction.

At a glance

Court Maricopa County Superior Court
Original charge Possession or Use of a Narcotic Drug (ARS § 13-3408(A)(1)), Class 4 Felony
Presumptive exposure Presumptive 2.5-year prison term, range 1 year to 3.75 years, fines reaching into the thousands, felony probation, and a lifetime felony record with loss of firearm and voting rights.
Result Prosecution suspended for 2 years under a felony diversion program. Charge dismissed on completion. No conviction.
Eligibility for set aside Not applicable. No conviction enters.
Eligibility for sealing Arrest record sealing under ARS § 13-911 eligible approximately 2028, once the 2-year diversion completes and the charge is dismissed.

The stakes

The client faced a single Class 4 felony, Possession or Use of a Narcotic Drug under ARS § 13-3408(A)(1), in Maricopa County Superior Court. A Class 4 felony conviction carries a presumptive 2.5-year prison term, with a sentencing range running from 1 year to 3.75 years. Beyond prison, a felony drug conviction means substantial fines, felony probation, and a lifetime felony record that strips firearm and voting rights and surfaces on every background screen, job application, and housing review.

What we did

Future First negotiated entry into a felony diversion program and the State moved to suspend prosecution for 2 years. The court suspended the case from prosecution and vacated the trial dates. This Maricopa Felony Drug Diversion converted a felony prison exposure into a path that ends in dismissal. On successful completion of the diversion program the charge is dismissed and no conviction enters. No prison. No felony record. Set aside under ARS § 13-905 is not needed because no conviction enters. Arrest record sealing under ARS § 13-911 is eligible approximately 2028 once the 2-year diversion completes and the charge is dismissed.

What our clients say

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If you’re facing felony drug charges in Arizona

A Class 4 felony for possession of a narcotic drug under ARS § 13-3408 is one of the most common felony charges in Arizona, and one of the most damaging. A conviction follows you for life. It can cost you your firearm rights, your right to vote until restoration, and access to jobs, housing, and professional licenses.

A Maricopa Felony Drug Diversion is not guaranteed. Eligibility depends on the charge, the client’s history, and a defense that gives the prosecutor a reason to divert rather than prosecute. Future First reviews the police reports, the stop, the search, the lab testing, and the chain of custody, then pushes for diversion or dismissal instead of a felony conviction. Acting early, before the case is set for trial, preserves the most options.

Every case is different. The result here reflects this client’s facts and is not a promise of the same outcome in your case. The approach holds: attack the weak points, keep the felony off the record, and aim for a resolution that ends in dismissal.

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Call us

Facing a felony drug charge in Arizona? Call Future First Criminal Law at 602-932-7890 or request a free consultation. We review the stop, the search, and the lab work, then fight for diversion or dismissal to keep a felony off your record.


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 criminal law, visit the Arizona State Legislature website.