Charges for trafficking or distribution of drugs in Yuma constitute serious felonies that come with harsh punishments, such as jail time and hefty fines, in addition to long-term repercussions on your professional life. If you or a loved one have faced such charges in Yuma County, it’s crucial for you to understand how to prepare for this fight. This is where a skilled Yuma transportation or sale of drugs lawyer comes in.
Here at Lerner and Rowe Law Group, our Yuma criminal defense lawyers understand what goes into building a defense and know how to fight back. Call us at (520) 620-6200 for a free consultation.
The Laws Governing Transportation and Sale of Drugs in Arizona
Transportation or sale of narcotic drugs, as defined by Arizona Statute 13-3407, is one of the most serious drug offenses under Arizona law. This is defined as transporting controlled substances for the purpose of their sale or actually selling, transferring, or attempting to sell any narcotic drug. This is a Class 2 felony.
Class 2 felonies impose presumptive terms of imprisonment, and Arizona’s drug statutes provide for threshold quantity provisions to be added to the penalties. Thresholds mandate mandatory minimum prison terms and do not allow for any probation, parole, or release after serving only part of the imposed sentence. The threshold amount of methamphetamine is 9 grams. Heroin carries a threshold of 1 gram, and the threshold amount of cocaine is 9 grams.
Federal involvement is possible in Yuma, but it may depend on whether the drugs seized crossed the international border at San Luis POE. This means that the charges may be referred to federal prosecutors, potentially leading to severe punishments according to the federal sentencing guidelines. Federal sentences are much tougher than state sentences, and the defendant would not qualify for federal parole.
Even those who end up staying in Arizona state courts will be subject to a law enforcement process that is both well-funded and knowledgeable in putting together such cases. This means that experienced local counsel is critical.
What Arizona Has to Prove to Bring Charges
Knowing what the state has to prove in order to bring such charges against you can give insight into where there may be some opportunities for your defense. To prove either transportation or sale charges, the prosecution would have to prove that:
- It was a controlled substance under Arizona law
- You had actual possession, custody, or control of the substance
- You were involved in transporting it for the purpose of selling, or a sale/offered sale took place
- You had actual knowledge of the nature of the substance
Knowledge and intent are often disputed. The state can make their case by the amount of drugs found on your person, as well as packaging materials, scales, cash, or cell phones with communication regarding sales. In fact, the state does not necessarily need to prove any transaction ever took place. Rather, you can be charged with transportation for purposes of sale circumstantially.
Possible Defenses
Each case is unique; however, knowledgeable attorneys who specialize in drug offenses in Yuma will explore the following possible defenses during the evaluation of transportation or sale offenses:
- Fourth Amendment violations: Were the stop, search, and seizure conducted legally? Stopping motorists on I-8 and Highway 95 is common practice by police officers. Reasonable suspicion must exist for the stop, while probable cause (or a consent or exception) is required for searching the individual. Evidence obtained from an illegal search will be considered inadmissible, and exclusion of evidence can end the case.
- Knowledge and intent: The prosecution must prove that you knew about the existence of the controlled substance and had intention to distribute it. In cases where the substances are found in a shared car, borrowed backpack, or unknown storage area, your attorney can dispute these elements of the charge.
- Chain of custody and laboratory test: Controlled substances require proper analysis, documentation, and preservation to ensure admissibility in court. A break in the chain of custody or the testing procedure can lead to potential defenses against the evidence presented in court.
- Entrapment: Law enforcement agencies can be held accountable for entrapping individuals into committing offenses.
Yuma Transportation or Sale of Drugs Lawyer FAQs
Yes – you can be charged. It’s common for prosecutors to claim that it’s possible to prove knowledge based on the circumstances. However, not having knowledge is also a legitimate defense that must be thoroughly investigated and used.
Possession in Arizona is usually considered a lighter offense, and Prop 200 might help you avoid going to jail. Transportation for sale is classified as a Class 2 felony with mandatory jail time for threshold amounts. Prosecutors always attempt to enhance charges to transportation for sale when large amounts, packaging, scales, or other proof of distribution exists even in the absence of any transaction.
In Yuma, yes — this is a very real concern. When federal authorities such as the DEA, HSI, or CBP are involved, or when the matter is related to interstate or international distribution of drugs, the prosecution has discretion to file separate federal charges. In general, sentences in federal cases are longer than in state court and do not offer any chance for parole. It will be critical to your defense strategy if your case carries a potential risk of being federally prosecuted.
The sooner the better — especially before talking with law enforcement agents. What you say after arrest will be held against you and the best time to defend yourself is at the outset. Do not assume that you’ll be able to figure out what happens on your own.
Call a Yuma Transportation or Sale of Drugs Lawyer Now
Lerner and Rowe Law Group provides legal representation to individuals accused of drug offenses in Yuma County and the surrounding area. If you or someone you love is facing transportation or sale of drugs charges, contact us today.
Please call us at (520) 620-6200, fill out our contact form, or get in touch via LiveChat. Your initial consultation is free, and we’ll provide you with an honest assessment of your case and how we can help.