Lee Phillips has been representing those accused with various drug offenses for over 25 years. He has represented thousands facing drug charges anywhere from simple possession to transportation of drugs for sale involving more than 6,000 pounds of marijuana and 100 pounds of cocaine. The cases have been charged in local city and justice courts, state court and federal court. Through efficient, skillful and dedicated hard work, Lee has been extremely successful in his representation of drug cases with results ranging from not guilty verdicts or the dismissal of the charges to substantial reductions in the charges and probation. Contact Us for a free initial consultation. The following issues have been raised in previous cases and may be raised in your case which can lead to suppression of evidence, dismissal of charges and not guilty verdicts:
- Illegal basis for the traffic stop
- Illegal detention
- No probable cause to justify the warrantless search
- The drug detection dog was not certified and/or reliable
- Invalid search warrant based on material omissions, misrepresentations and/or unspecific and vague information
- Violation of Miranda rights (right to remain silent, speak with an attorney, etc.)
- Racial profiling
- Violation of right to due process if government fails to preserve evidence
- No knowledge that drugs were present
- The drugs that were possessed were for personal use and not for sale
Simple Possession / Personal Use
Depending on the type of drug and the quantity involved as well as the accused's prior record, simple possession of drug cases may be charged as a misdemeanor or a felony. In Arizona, even personal possession of a small amount of marijuana can result in a felony drug charge. It is important to have competent and effective representation in defending drug charges to review every aspect of the case and raise every issue that may apply. The following drug possession charges exist in Arizona:
Possession for Sale
Possession for sale charges are much more serious and are always charged as felonies. Arrests are made and criminal charges are filed when there is probable cause to believe the person has the intent to sell the drugs, the amount of drugs in the person's possession is over the threshold amount (see threshold amounts below) or a transaction was made exchanging drugs for money or something of value. A conviction of possession for sale charges results in a mandatory prison sentence (except for the possession of prescription-only drugs for sale), so it is imperative that you have aggressive and experienced representation if facing these charges. The following possession for sale charges exist in Arizona.
Cultivation, Production and Manufacturing Drugs
The production and manufacture of drugs is also considered a much more serious offense than simple possession and always results in felony charges. Depending on the type of drug and the quantity involved, the charges filed may range from a class 5 felony (a lower level felony offense) to a class 2 felony (the highest level non-homicide felony. Prison time is normally mandatory for manufacture of drugs cases regardless of the quantity involved.
Transportation of Drugs for Sale
Similar to the possession of drugs for sale, transportation of drugs for sale charges are filed as felony charges and may result in a mandatory prison sentence if the quantity of drugs involved is over the threshold amount. (See threshold amounts below.) The following transportation offenses exist in Arizona.
Threshold Amounts
The possession of drugs at or above the following threshold amounts requires a prison mandatory sentence. The state presumes that when a person has the following quantities in his or her possession that the drugs are for sale.
- Marijuana - 2 pounds
- Methamphetamine - 9 grams
- Amphetamine - 9 grams
- Cocaine - 9 grams (powder form); 750 milligrams (rock form)
- Heroin - 1 gram
- LSD - ½ milliliter (liquid form); 50 dosage units (blotter form)
- PCP - 4 grams or 50 milliliters
*For any drug not listed or a combination of drugs not listed, the threshold amount is an amount with the value of at least $1,000. |
