Choosing the right attorney after being charged with transportation of narcotic drugs in Arizona may be one of the most important decisions you make. This is a Class 2 felony under ARS 13-3408(A)(7), and the penalties are severe. This guide explains what makes an attorney the right fit for this charge and what questions to ask before you hire.
Key Takeaways
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What to Do Right Now
| Step 1: Write down everything you remember about the arrest: the location, what officers said, what was searched, and any statements you made. Step 2: Do not speak to law enforcement or post about your case on social media until you have spoken with an attorney. Step 3: Use Lawyer Listed’s free matching tool to connect with an attorney who handles narcotic drug transportation cases. |
What Makes a Good Attorney for This Charge?
Transportation of narcotic drugs under ARS 13-3408(A)(7) is not the same as simple possession. The charge involves allegations that the defendant knowingly transported, sold, transferred, or offered to transport or sell a narcotic drug, often with the prosecution focusing on the amount of the substance, the surrounding circumstances, and any evidence of intent to distribute. An attorney who regularly handles this charge will understand how the prosecution builds its case, what evidence triggers the statutory threshold, and how to challenge both.
Look for an attorney with direct experience handling ARS 13-3408 transportation and trafficking cases, not just general drug charges.
Why This Charge Requires Specialized Knowledge
Arizona classifies many drugs as narcotics under ARS 13-3401, including heroin, cocaine, fentanyl, oxycodone, hydrocodone, morphine, and codeine. Methamphetamine and LSD are not treated as narcotic drugs. Arizona classifies them as ‘dangerous drugs’ under ARS 13-3407. If you are not sure which law applies to your case, your attorney should be able to explain the difference in plain language.
The statutory threshold amount is one of the most critical issues in any transportation case. For heroin, the threshold is 1 gram. For cocaine and fentanyl, it is 9 grams. If the quantity meets or exceeds one of these thresholds, a conviction under ARS 13-3408(A)(7) means mandatory prison, no probation, and no suspended sentence. An experienced attorney will scrutinize how the drugs were weighed, how they were classified, and whether the measurement was done correctly.
Questions to Ask Before You Hire
Before hiring any attorney for a transportation of narcotic drugs charge, ask targeted questions that reveal whether they are prepared for your specific case.
Ask how many ARS 13-3408 transportation cases they have handled. Ask whether they have defended cases where the statutory threshold was at issue, and what strategies they used. Ask whether they have experience challenging the legality of the stop or search that led to the arrest. Fourth Amendment issues may be a factor in drug transportation cases, and suppression of evidence can change the outcome of the case.
If an attorney cannot discuss these topics specifically or cannot explain the difference between a transportation charge and a possession charge, that is a sign they may not have the focused experience your case requires.
Common Myths About This Charge
Myth: Any criminal defense attorney can handle a drug transportation case.
Reality: Transportation of narcotic drugs under ARS 13-3408(A)(7) involves statutory thresholds, mandatory sentencing rules, and Fourth Amendment search issues that general practitioners may not know well. An attorney who has experience handling this charge brings knowledge that can change the direction of your case.
Myth: If the drugs were not mine, the charge will not stick.
Reality: Under Arizona law, a person could be charged with transportation even if they claim they did not know what was in their possession. The law recognizes ‘constructive possession.’ This means that if you had control over the place where the drugs were found, that alone may be enough for the prosecutor to move forward with the case. This is exactly the kind of issue that requires an experienced criminal defense attorney.
Attorney Evaluation Checklist for ARS 13-3408 Transportation Cases
Use this checklist when interviewing attorneys for a transportation of narcotic drugs charge in Arizona.
- Experience: Has the attorney handled ARS 13-3408(A)(7) transportation cases specifically? Do they appear regularly in Maricopa County courts?
- Threshold Knowledge: Can they explain the statutory threshold amount for your specific drug? Do they know how Arizona defines weight under ARS 13-3401(39) and how that affects the charge?
- Fourth Amendment Strategy: Have they successfully challenged stops, searches, or seizures in drug cases? Suppression motions may be a key defense in your case.
- Communication: Do they explain the law clearly, without jargon? Do they answer your questions directly?
Frequently Asked Questions
Q: Is transportation of narcotic drugs a felony in Arizona?
A: Yes. Transportation of narcotic drugs for sale under ARS 13-3408(A)(7) is a Class 2 felony in Arizona. A first-time conviction carries a possible prison sentence of 2 to 12.5 years. If the amount of drugs is at or above the legal threshold, you cannot get probation and the judge must send you to prison.
Q: What is the difference between drug possession and drug transportation in Arizona?
A: Simple possession under ARS 13-3408(A)(1) is a Class 4 felony and involves having drugs for personal use. Transportation under ARS 13-3408(A)(7) is a Class 2 felony and involves moving drugs with the intent to sell or distribute. The penalties are significantly harsher for transportation, and the defenses are different.
Q: Can a transportation of narcotic drugs charge be reduced or dismissed?
A: In some cases, yes. An experienced attorney may challenge the legality of the traffic stop, the search, or the weight and classification of the substance. A successful suppression motion (a request to keep illegally obtained evidence out of court) can result in the charge being reduced or dismissed. The outcome depends on the facts of your case and the skill of your attorney.
Related Arizona Criminal Defense Guides
Understanding Arizona Drug Crime
If you’ve been charged with a drug crime in Arizona, this guide explains what you’re up against, how the state defines drug offenses, and what the potential consequences are.
Arizona Possession of Narcotic Drugs (ARS 13-3408)
If your charge has been reduced to simple possession, or if you want to understand how possession and transportation charges differ under the same statute, this guide breaks down ARS 13-3408 from the ground up.
Arizona Possession of Dangerous Drugs (ARS 13-3407)
If you are unsure whether your charge involves a narcotic drug or a dangerous drug, this guide explains the difference and what it means for your case.
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 curated, peer-vetted network of criminal defense attorneys who are ready to defend you in your narcotic drug transportation case. 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.
