THE CHARGE IS "POSSESSION FOR SALE". WHAT DOES THAT MEAN?
If the State of Arizona has charged you with Drug Possession for Sale, what exactly does that mean? The short answer is it means the State of Arizona will try to prove that you had illegal drugs in your possession and that you intended to distribute those drugs. In other words, Arizona is not claiming you had the dangerous or narcotic drug for your own personal use, but rather you are dealing, selling, or distributing drugs.
WHAT DOES "OVER THE THRESHOLD" MEAN AND WILL I GO TO PRISON?
The distinction between drug possession for sale and personal possession is important because while Arizona has some relatively lenient laws regarding personal possession of drugs, that is not the case when the charge is possession for sale. Most significantly, unlike personal possession, even if you do not have a criminal record and Arizona convicts you for the very first time in your life for a crime, whether it be a felony or misdemeanor, the judge can sentence you to the Arizona Department of Corrections. That is especially true if there is a separate allegtion of "over the threshold".
WHAT KIND OF EVIDENCE DOES THE STATE USE TO PROVE "POSSESSION FOR SALE"?
In trials for drug possession for sale, the State routinely uses circumstantial evidence to prove its case and that the drugs were not for personal use. Common evidence includes expert witnesses and testimony that, if true, the police found multiple, small packages of drugs for easy distribution, cash, ledger, or a scale or measuring device along with the drugs. An ordinary traffic officer or police officer should not testify or offer his opinion as to whether the possession was for sale or personal use as an ordinary officer does not have the necessary foundation.
CAN I FIGHT A "POSSESSION FOR SALE" CHARGE? HOW?
Yes, you can fight it! If the State of Arizona has charged you with Drug Possession for Sale, then you will need the help of an experienced criminal defense attorney. Contact or call our office at 602-955-1985 for immediate help or.
