A felony drug possession investigation could have produced multi-year prison range exposure and a permanent felony record. Future First engaged at the prefile stage, submitted a disposition letter to the detective, and the State declined to file charges.

At a glance

Stage	Prefile (no charges ever filed)
Investigation type	Felony drug possession investigation
Exposure if filed	Multi-year prison range, fines up to $150,000 plus surcharges, supervised probation eligibility, permanent felony record, lifetime collateral consequences for employment, housing, immigration, and civil rights including firearm possession
Result	Investigation closed approximately 2022 with no criminal prosecution
Conviction	None
Eligibility for set aside	N/A (no conviction)
Eligibility for sealing	Immediate under ARS § 13-911 (arrest/investigation record)

The stakes

The client was the subject of a prefile investigation involving alleged felony drug possession. The matter sat in the investigative phase with police and the prosecutor’s intake unit.

A filed felony drug possession charge would have exposed the client to multi-year prison range exposure under ARS §§ 13-3407 or 13-3408 depending on the substance, fines up to $150,000 plus surcharges, supervised probation eligibility, a permanent felony record, and lifetime collateral consequences for employment, housing, immigration, and civil rights including firearm possession.

What we did

Future First engaged at the prefile stage, controlled the client’s interaction with investigators, and submitted a disposition letter to the detective. After the firm’s defense work, the State declined to file charges and the investigation closed approximately 2022.

The client now qualifies for sealing records under ARS § 13-911, which removes the incident from public view going forward.

What our clients say

Future First Criminal Law has earned hundreds of five-star reviews from clients across Arizona. Read our verified Google reviews or see what past clients have said on our client reviews page.

If you’re the subject of a prefile drug investigation in Arizona

Arizona’s drug statutes cover possession, possession for sale, transportation, and manufacturing across marijuana (§ 13-3405), dangerous drugs (§ 13-3407), narcotic drugs (§ 13-3408), and drug paraphernalia (§ 13-3415). The State files most personal-use drug cases at the felony level even when the quantity is small, but the charging decision is made by the prosecutor’s intake unit during the prefile review.

The prefile stage is the strongest leverage point in any drug case. Once a complaint or indictment is filed, the case is on the docket and the prosecutor’s office has committed publicly to the charge. Before filing, the intake prosecutor still has discretion over whether to charge at all, whether to file at the felony or misdemeanor level, and whether to refer the case to a diversion track.

Defense work at the prefile stage in a drug investigation typically includes: ensuring no client statements without counsel, gathering documentation of any prescription history relevant to the substance alleged, identifying chain-of-custody and search-warrant issues that would surface at suppression, and submitting a written disposition letter that frames the case from the defense perspective. The disposition letter is the single most important document in many prefile drug matters because it gives the intake prosecutor a defense-side narrative to weigh against the police report before the charging decision.

Future First Criminal Law has handled prefile felony drug investigations across Maricopa County and Arizona. We know how MCAO and other charging units evaluate drug cases, what disposition letters tend to move the needle, and how to position a client so the case closes at the prefile stage.

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 prefile investigation

Call us

Under investigation for a drug offense in Arizona? Call Future First Criminal Law at 602-900-7625 or request a free consultation. We have handled hundreds of prefile cases across Arizona. The earlier we are involved, the more options you have for closing the matter before formal charges are filed.

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 prefile procedure, visit the Arizona State Legislature website.