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Phoenix Drug Paraphernalia Lawyer

Have you been arrested and charged with the possession of drug paraphernalia in Phoenix? If so, you are probably quite concerned about your future at the moment. After all, if you are convicted, you could face a sizable fine, a lengthy jail sentence, and a permanent criminal record.

Should you wish to reduce your odds of facing any of the penalties outlined above, you would be wise to make it as difficult as possible for the prosecuting attorney to convict you. A skilled drug paraphernalia lawyer, such as Craig Orent, can help you do just that.

How Criminal Defense Attorney Craig Orent Can Help You Fight Back Against Your Arizona Paraphernalia Charge

At the Orent Law Offices, we believe that everyone who is charged with a crime in the state of Arizona deserves a staunch legal defense. When you come to our Phoenix criminal attorneys for assistance with your drug paraphernalia case, attorney Orent will:

Protect Your Constitutional Rights

When searching your person, your residence, or your car, the police must respect your Fourth Amendment right to avoid unreasonable search and seizure. When questioning you about the items that they find, they must respect your Fifth Amendment right to avoid self-incrimination. Unfortunately, they do not always fulfill their obligations.

When Attorney Orent represents you, he will watch over your case like a hawk to ensure that your constitutional rights are not violated. If a violation occurred before you had a chance to call him, he will raise the matter with the judge and move to have any evidence obtained as a result of the violation thrown out.

Negotiate with the Prosecution on Your Behalf

In the early stages of your drug paraphernalia case, the prosecutor may offer you a plea bargain agreement. Unfortunately, the terms of this agreement are likely to be quite punitive. If you would like to try to make the deal a little fairer, you will need the assistance of an expert negotiator.

Criminal defense lawyers like Craig Orent understand how to negotiate with prosecutors. In fact, Attorney Orent has been doing just that for over 30 years. When he represents you, he will work tirelessly to try to land you a favorable plea bargain deal.

Represent You in Court

Should the prosecutor be unwilling to offer a fair plea bargain deal, your case will almost certainly end up in court. This trial will determine whether or not you are guilty and how you should be punished. Given the enormity of the proceedings, you would be wise to have a skilled attorney by your side throughout.

Attorney Orent has represented countless clients in courtrooms across the state of Arizona over the years. He knows what it takes to make a judge and jury see his clients in a favorable light. When you hire him, he will use his years of experience to ensure that you get a fair hearing in court.

Would you like to have attorney Craig Orent help you fight back against your Arizona drug paraphernalia charge? If so, please do not hesitate to give the Orent Law Offices a call today. We would love to help you set up a free consultation and take the first step toward building a productive attorney-client relationship.

Understanding Arizona’s Drug Paraphernalia Law

Section 13-3415 of the Arizona Revised Statutes states that it is unlawful for any individual to possess with the intent to distribute or use any drug paraphernalia that can be used to:

  • Plant
  • Harvest
  • Compound
  • Propagate
  • Cultivate
  • Manufacture
  • Contain
  • Grow
  • Produce
  • Test
  • Pack
  • Repack
  • Store
  • Convert
  • Process
  • Analyze
  • Inhale
  • Conceal
  • Prepare
  • Contain
  • Inject, or
  • Ingest

Any illegal drug or controlled substance.

This statute also states that courts and other authorities should consider the following factors when attempting to determine whether or not an item can be classified as drug paraphernalia:

  • Statements by the owner about the item
  • Whether or not the owner has previously been convicted of any state or federal drug charges
  • The proximity of the item to drugs
  • The proximity of the item to other objects that violate this law
  • The existence of drug residue on the item
  • Evidence that the owner intends to deliver the item to an individual that they know will use it to violate this law
  • Instructions outlining the use of the item
  • Accompanying marketing materials outlining the use of the item
  • National and local advertising outlining the use of the item
  • The manner in which the item is displayed for sale
  • Whether or not the owner is a legitimate distributor of related items, such as tobacco products
  • Evidence of the ratio of sales of the item to the total revenue of the business
  • The existence of legitimate uses for the object
  • Expert testimony about the object and its potential uses

Generally speaking, in the state of Arizona, the possession of drug paraphernalia is a class 6 felony. However, under certain circumstances, offenders may have their charge reduced to a class 1 misdemeanor by the court.

Have you been charged with possession with intent to use or distribute drug paraphernalia in Phoenix, AZ? Get the legal advice and guidance you need by reaching out to the experienced team here at the Orent Law Offices.

Punishments for Drug Paraphernalia Convictions in the State of Arizona

In the state of Arizona, the criminal penalties doled out to individuals who are convicted of simple possession of drug paraphernalia offenses is largely dependent on whether their case was classified as a class 6 felony or a class 1 misdemeanor:

Punishments for Class 6 Felonies in Arizona

Anyone who is convicted of a class 6 felony in the state of Arizona may face the following criminal penalties:

  • Up to 2 years in state prison
  • A fine of up to $150,000
  • A permanent criminal record

Punishments for Class 1 Misdemeanors in Arizona

Offenders who are found guilty of class 1 misdemeanors in Arizona can face the following punishments:

  • Up to 6 months in jail
  • A fine of up to $2,500
  • A permanent criminal record

Alternative Punishments

For individuals who are dealing with the first drug offense, the state of Arizona may choose to offer a pre-trial diversion program in lieu of more traditional punishment options. Those who choose to enroll in such a program are generally required to:

  • Attend a drug education course
  • Seek treatment for their drug addiction
  • Complete a set number of community service hours
  • Avoid getting into trouble with the law again during their probationary period

Offenders who complete their diversion program will not face any fines or jail time. They may even be able to expunge their drug paraphernalia arrest from their criminal record.

If you are facing a drug paraphernalia charge in the state of Arizona, please reach out to the Orent Law Offices in Phoenix as soon as possible. We may be able to help you get your charge reduced or dismissed.

Defenses Against Drug Paraphernalia Charges in Arizona

Devising an effective defense strategy can be one of the best ways to prevent a drug paraphernalia charge from becoming a drug paraphernalia conviction. Having worked in the legal field for decades, attorney Craig Orent has seen and used a wide variety of defenses against offenses of this nature. He has found the following three to be among the most effective:

Fourth Amendment Violations

The Fourth Amendment of the U.S. Constitution prevents the police from searching an individual without a warrant or probable cause. If the key evidence in a drug paraphernalia case was found during such an unconstitutional search, an experienced defense attorney should have no trouble getting the charge dismissed.

Lack of Intent

Arizona law makes it illegal for an individual to possess drug paraphernalia with the intent to use or distribute it for the consumption or manufacture of a controlled substance. It is not illegal to possess such an object with the intent to use it for a legal purpose, such as an art project or a science experiment. If a lawyer can show that their client had a legitimate reason for possessing the offending object, they may be able to get their case thrown out.

Entrapment

Many drug paraphernalia arrests are made as part of sting operations. If a defense attorney can prove that a police officer who was involved in such a sting coerced or threatened their client into accepting the offending object, they might be able to have their charge dismissed.

Would you like to learn more about the best defense strategies for your Arizona drug paraphernalia case? Contact the Orent Law Offices today to set up a free consultation with Attorney Craig Orent. He would be more than happy to review your case and provide you with his expert opinion.

Need an Experienced Drug Paraphernalia Lawyer in Phoenix? Contact the Orent Law Offices Today

Attorney Craig Orent has been helping the people of Phoenix, Arizona fight back against their drug paraphernalia charges for years. During that time, he has achieved countless favorable results for his valued clients. If you would like to have him represent you during your case, just give us a call or contact us online to set up an initial consultation.