POSSESSION OF MARIJUANA
TRANSPORTATION OF MARIJUANA FOR SALE
ARIZONA MARIJUANA LAW

• No Prior Felony Record - 3 - 12.5 years, Mandatory Prison
One Prior Felony - 4.5 - 23.25 years, Mandatory Prison
Two or More Prior Felonies - 10.5 - 35 years, Mandatory Prison
Actual number of years is decided by the Judge
Probation is not available.
You must serve 85% of the sentence before you are eligible for release.
Mandatory Fine: Three Times the Value of the Drugs up to $300,000.

Investigate the evidence/case
Motion to suppress evidence
Motion to dismiss charges
Jury trial
Mitigation hearing, if convicted
If convicted, appeal
Negotiate Best Plea Bargain Available

Put on mitigation hearing to get best possible sentence.
If you accept a plea bargain, you give up your right to appeal your conviction and the legality of any search or arrest.

Possible Plea Bargains: (Depending on Your Cooperation, Prior Record, Amount of Drugs Involved, Etc…)

• Most Common: Reduced Prison Sentence But No Probation.
• Less Common: Reduced Prison Sentence or Probation with Final Decision Left to the Judge.
• Very Rare: Recommendation or Guarantee of Probation.

Bail/Release:

My top priority is to get you out of jail if at all possible. A high bond/bail is normally set in these types of cases. You have the right to have your bond reviewed by a Judge who can reduce the bond or release you with certain conditions. This may take several weeks because a written motion must be filed, the prosecutor gets to respond and a hearing must be held by the Judge.
The amount of bond/bail and the likelihood of release depends on several factors including:

1. Seriousness of charges
2. Amount of evidence
3. Prior record
4. Employment
5. Family support
6. Length of residence in Arizona or elsewhere
7. Past failures to appear in Court
8. Drug or alcohol history

Bond/Bail can be posted as follows:

1. Cash in the full amount of the bond/bail directly to the Court.
2. By paying 10% of bond amount to a bondsperson and putting up collateral worth the rest of the bond.
3. A property bond, which usually requires real property (house or land). A lawyer can do this for you without going through a bondsperson.

Court Process:

1. Arrest or Summons
2. Initial Appearance (on TV if in jail)
3. Set bond or release conditions
4. Appoint or retain lawyer
5. Inform you of charges

Preliminary Hearing or Grand Jury within 10 days of Initial Appearance

1. Arraignment - (Plead Not Guilty) within 10 days of Grand Jury or Preliminary Hearing.
2. Bond Reduction Hearing – As soon as possible
3. Case Management Conference (Monthly Status Reports to the Judge) 2-3 weeks following arraignment
4. Pre-Trial Hearing on Motion to Suppress/Dismiss
5. Plea Bargain or Trial
6. Sentencing Hearing if Convicted

* Your personal appearance can be waived at some of the court dates early in the case. You may also be allowed to appear by telephone if you live out of town.

Consequences of a Felony Conviction:

     In addition to a possible jail or prison sentence, a felony conviction results in a loss of your civil rights, including your right to vote, sit on a jury and to possess a firearm. There is a process which can restore your rights after you complete your probation, jail or prison sentence. If someone is a permanent resident alien or in the United States illegally, a felony conviction may also be used to deport that person.

next>