Faced with criminal charges? Get help from the best.
When faced with criminal charges in Arizona, it is of utmost importance that you obtain skilled, experienced and affordable legal counsel. This is because criminal charges can result in a number of life-altering consequences if one should be convicted. Most times in criminal cases, the State will come after you aggressively. This is because the State has enormous amount of resources and funds to build their case, and prosecute individuals they suspect of committing crimes. This is when you contact a highly trained and skilled criminal defense attorney to protect your rights, and aggressively defend you at each step of your case. Your rights, future and life depend on it!
We defend people charged with a variety of both misdemeanor and felony crimes, such as:
- Alcohol Offenses including DUI/Possession or consumption of alcohol by a minor
- Traffic violations of all kinds, including driving on a suspended license, speeding or criminal speeding violations
- Theft cases such as Shoplifting, burglary, robbery, theft of means of transportation
- Drug possession
- Weapons charges in Arizona: Arizona regulates the use and possession of concealed weapons, including guns and explosives. Weapons charges include misconduct involving weapons, defaced firearms. In some instances, it is a crime to negligently discharge a firearm, minors in possession of firearms.
- Offenses against people including assault, aggravated assault, domestic violence, homicide, manslaughter, first degree murder, felony murder.
- Sexual offense in Arizona: Arizona criminal code outlines 6 primary offenses. They are: Indecent exposure, public sexual indecency, sexual abuse (if victim is under the age of 15, the offense is punishable under the sentencing criteria of “dangerous crimes against children.” Sexual conduct with a minor-engaging in sexual intercourse or oral sexual contact with any person under the age of 18 years. Sexual assault-engaging in sexual intercourse or oral sexual contact with any person, regardless of age without consent, this is also known as ‘rape’. Molestation of a child.
- Hate Crimes
Phoenix Drug Possession
Arizona’s drug possession laws are serious, this is because they tend to be prosecuted heavily. Drug possession in Arizona depends on the type of drug in question. A controlled substance is one of the following: Dangerous drugs, and Narcotics. As for Marijuana, a person can now legally possess up to 2.5 ounces (70 grams) in a fourteen-day period. Adults over age 21 can possess 1 ounce (28 grams) of Marijuana with no more than 5 grams being Cannabis concentrates. Arizona drug laws allows for ‘deferred prosecution’ in some case. We can assist you in determining what steps and actions you should take when you have a drug charge pending.
What are Dangerous Drugs Under Arizona Law?
Arizona state law on drug possession can be found in Arizona Revised Statutes, Title 13, Chapter 34, Sections 3401-3423. Arizona drug laws are extensive and penalties for a conviction depend on the charge as well as the type and quantity of prohibited drugs.
Simple possession for personal use carries less severe penalties than possession with intent to sell or distribute. Also, possession in a quantity that exceeds the statutory threshold is charged as possession with intent to sell.
Drug Classifications
Under state law, illegal drugs, or controlled dangerous substances (CDS) are classified as follows:
- Marijuana
- Prescription drugs
- Dangerous drugs
- Narcotics
- Substances that emit toxic vapors
If you have been arrested on a drug charge or drug possession charge in Phoenix, or Maricopa County, you will need a good and knowledgeable attorney to represent you. Adelayo Law Firm offers exceptional and aggressive criminal defense on drug charges, drug possession and drug delivery charges.
Pre-Charge/Pre-Indictment State
If you are arrested, questioned and released without a citation, or if the police are attempting to contact you regarding criminal allegations from another person, they you are currently in the “precharge” or “investigation state” of a criminal case. This is the most important time to hire an experienced criminal defense attorney to avoid being charged with a crime that may affect your permanent record. Regardless of what the allegations may involve, when situations like this arise it is imperative that the issue be addressed promptly. The pretrial/investigative stage of the legal process is the time to hire an aggressive attorney in order to avoid being charged with a crime.
Motion to Set Aside Conviction
In Arizona, except in some cases, every person convicted of a criminal offense, on fulfillment of the conditions of probation or sentence and discharge by the court, may apply to the court to have the judgement of guilt set aside. The convicted person is informed of this right at the time of sentencing. ARS 13-905
Once granted, the Arizona Department of Public Safety (DPS),which serves as the central repository for various types of records, including criminal history records, will be required to update your record stating that your conviction has been set aside. It is still possible to research the DPS database and locate your file, but the file would be annotated reflecting that the prior conviction record was set aside. As a result, most of the defendant’s civil rights will be restored. This is the closest that Arizona allows to Expungement. If you have any questions about an application to set aside your conviction, we can help.