If you have been charged with possession of a dangerous drug in Arizona, the attorney you choose can shape the outcome of your case. Not every criminal defense lawyer has experience with Arizona’s drug statutes, and this charge has specific rules that require specialized knowledge. This guide explains what to look for in an Arizona dangerous drugs lawyer, what questions to ask, and how to avoid costly mistakes when hiring.
Key Takeaways
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What to Do Right Now
Step 1: Gather your case details. This includes the exact charge (ARS 13-3407 subsection), your court date, and the court where your case will be heard. Step 2: Do not discuss your case with anyone except your attorney, and do not post about it on social media. Step 3: Use Lawyer Listed’s free matching tool to connect with an attorney who handles dangerous drug cases in your county. |
What Makes a Good Dangerous Drug Defense Attorney?
Drug cases in Arizona involve different felony classifications depending on the substance, the amount, and whether the charge is for personal use or sale. A good defense attorney will have specific experience with ARS 13-3407 and will understand how each subsection changes the stakes.
For simple possession (ARS 13-3407(A)(1)), the offense is a Class 4 felony with a possible sentence of 1 to 3.75 years in prison. But first-time and second-time offenders may qualify for mandatory probation under Proposition 200 (ARS 13-901.01), which requires treatment instead of prison. Methamphetamine cases are excluded from Prop 200, so the drug involved changes the entire defense strategy.
If your charge involves possession for sale (ARS 13-3407(A)(2)), the stakes jump to a Class 2 felony with up to 12.5 years in prison. An experienced attorney will challenge the evidence the prosecution uses to allege intent to sell, such as quantity, packaging materials, scales, or cash.
Questions to Ask Before You Hire
Before hiring any attorney for a dangerous drug charge, ask specific questions that reveal whether they are the right fit.
Ask how many ARS 13-3407 cases they have handled in the past year. An attorney who handles drug cases regularly will know the prosecutors, judges, and local diversion programs in your county. Ask what their approach would be for your specific charge. If they cannot explain the difference between a possession charge and a possession-for-sale charge, or do not mention Prop 200 eligibility, that is a red flag.
Why Expertise Matters for Drug Charges
Arizona classifies many different substances as “dangerous drugs” under ARS 13-3401, including methamphetamine, LSD, ecstasy (MDMA), PCP, psilocybin, and certain prescription medications possessed without a valid prescription. The specific substance can trigger different sentencing rules.
If the quantity exceeds the statutory threshold (9 grams for methamphetamine, 4 grams for PCP, half a milliliter for LSD), penalties increase dramatically and probation is no longer available. An attorney who understands these thresholds can challenge the weight and classification of the substance, which may mean the difference between probation and mandatory prison.
An experienced attorney will also know about TASC diversion programs, which are treatment-based programs that allow some first-time offenders to have their charges dismissed after completing a treatment program. Missing this opportunity can have lifelong consequences.
Common Myths About Hiring a Drug Defense Attorney
Myth: Any criminal defense attorney can handle a drug case just as well as any other.
Reality: Drug cases in Arizona involve specific statutes (ARS 13-3407), threshold amounts, Proposition 200 protections, and diversion programs that general criminal defense attorneys may not be familiar with. An attorney who handles drug cases regularly will know the strategies that apply to your specific charge and substance.
Myth: The most expensive attorney is always the best choice for a drug charge.
Reality: Price does not always reflect quality or fit. The best attorney for your case is one who has handled your specific charge type before, knows your county’s courts, and communicates clearly about their strategy and fees.
Frequently Asked Questions
Q: Can a drug possession charge be dismissed in Arizona?
A: Yes, in some cases. First-time offenders may qualify for a TASC diversion program, which can result in the charges being dismissed after completing treatment. An experienced attorney can evaluate whether you are eligible and help you navigate the system.
Q: Is possession of a dangerous drug a felony in Arizona?
A: Yes. Under ARS 13-3407, possession or use of a dangerous drug is a Class 4 felony. However, for first-time offenders whose charge does not involve methamphetamine, Proposition 200 may require the court to impose probation instead of prison. An experienced attorney can help determine your eligibility.
Q: What drugs are classified as dangerous drugs in Arizona?
A: Arizona classifies many substances as dangerous drugs under ARS 13-3401. Common examples include methamphetamine, LSD, ecstasy (MDMA), PCP, psilocybin, amphetamines, and certain prescription medications when possessed without a valid prescription. Marijuana is classified separately under a different statute.
Related Arizona Criminal Defense Guide
Understanding Arizona possession of dangerous drugs (ARS 13-3407)
If you want a deeper look at the statute, the elements of the offense, penalties by subsection, and available defenses, this guide covers everything about dangerous drug charges in Arizona.
Find the Right Attorney for Your Case
You have done your research. You know what to look for. Now let Lawyer Listed do the matching. Our free tool connects you with a peer-vetted network of criminal defense attorneys who specialize in dangerous drug cases in Arizona. Tell us about your situation, and we will pair you with the attorney best equipped to fight for you. Visit https://lawyerlisted.com to get matched today.
