I HAVE BEEN CHARGED WITH POSSESSION OF MARIJUANA. NOW WHAT?
If the State of Arizona has charged you possession of marijuana, what happens? Is it a misdemeanor or a felony? Is it really that big a deal?
Under Arizona Statutes, possession of marijuana in any usable amount is a felony. However, many times prosecutors have discretion and instead of charging it as a felony, they will file it in city or justice court as a misdemeanor. Sometimes, a county attorney will charge marijuana possession as a felony and offer the defendant the option of drug counseling. In Maricopa County that is done through TASC. If the defendant successfully completes the drug counseling, then the case will be dismissed.
WHAT IF IT IS CHARGED AS A FELONY?
If however, the defendant does not successfully complete counseling, the case will proceed in superior court as a felony. Also, as a condition of TASC, Maricopa County prosecutors routinely require the defendant to waive his right to a determination of probable cause, either by grand jury indictment or preliminary hearing. That means the case will go straight to pretrial conference upon reinstatement of the case.
One of the things that makes marijuana cases difficult is that many times a person could be charged with a DUI, or drunk driving, and a marijuana possession and paraphernalia at the same time. But because of jurisdictional issues, the defendant could have two cases, one in city or justice court for the DUI charge, and another one in superior court for the drug charges, even though the two cases are from the exact same event.
WHAT IF THEY ARE SAYING "POSSESSION FOR SALE"?
If the marijuana possession allegation is not personal possession but possesssion for sale and over the threshold, then the consequences are much more severe.
CAN I FIGHT A MARIJUANA POSSESSION CHARGE IN ARIZONA? HOW?
Yes, you can fight it!
If you or someone you love has been charged with marijuana possession, contact Vladimir Gagic, an experienced drug crimes lawyer at 602-955-1985.
