Methamphetamine is highly addictive, and it is common for people to become depressed while coming down from a high. You can become addicted to meth with just a single use. Meth crimes are taken seriously as a result, and meth is classified as a "dangerous drug." Often, these crimes are charged alongside other charges, such as possession of drug paraphernalia or carrying a firearm or another weapon. An experienced Phoenix meth crime lawyer might affect the outcome of the charges. If you are charged with a meth crime, you should contact the Law Offices of James Novak. Mr. Novak is an experienced drug crime attorney who previously served as a prosecutor. He takes an aggressive and knowledgeable approach to defending people charged with narcotics offenses.Fighting Charges of Meth Crimes
Methamphetamine may include meth in any quantity or form, including its salts. It is considered a dangerous drug under A.R.S. 13-3401. Dangerous drug crimes are penalized more seriously and harshly than drug crimes involving drugs that are not considered dangerous.
A.R.S. 13-3407 prohibits the possession, sale, use, acquisition, manufacturing, and transportation of methamphetamine. If you are charged with possession or use, it is a class 4 felony. It is a class 3 felony to obtain meth by fraud or misrepresentation. It is a class 2 felony to transport meth for sale or possess it with intent to sell. It is a class 2 felony to administer or manufacture it, or to even possess the equipment or chemicals to make it.
If you are convicted of a meth crime, the court will consider several different factors in determining a sentence. Among these factors are the purpose for using or selling, how much meth was possessed and whether it went over the threshold amount of nine grams, any prior criminal record and whether it is a first-time drug offense, and any mitigating or aggravating circumstances. A meth crime attorney can help Phoenix residents develop mitigating evidence to reduce the consequences of a conviction.
The penalties imposed for a conviction vary depending not only on sentencing factors but also the range of imprisonment terms for a particular offense. For example, if you are convicted of a class 2 felony of manufacturing meth for sale for a first time, you may be sentenced to 7-21 years’ imprisonment, with a presumptive term of 10.5 years. On the other hand, if you are convicted of a class 4 felony of possession of meth, you face the possibility of a term of 4-8 years. In addition to possible prison time, you face fines, mandated substance abuse treatment, the loss of the right to bear arms, and time on probation if you are convicted.
However, not everyone who is charged with a meth crime is convicted, and a good attorney may make a difference in your case. Among other things, we can look at whether your constitutional rights were violated or whether there were any procedural errors when evidence was seized in your case. Under the exclusionary rule, the government may not use evidence that was gathered unlawfully. For example, the Fourth Amendment requires that a search of your home be conducted legally in order to use evidence of meth that was gathered from it. With some exceptions, police officers need to obtain a valid search warrant and follow appropriate procedures to use evidence of a drug crime. Otherwise, admissible evidence may be excluded under the fruit of the poisonous tree doctrine. For example, if you asked to speak to your lawyer but were denied counsel, and you eventually told police where to find the chemicals that you used to make meth, this evidence may be suppressed by the trial court.Consult a Meth Crime Lawyer in the Phoenix Area
An experienced attorney may improve your chances of securing a plea deal or a dismissal of a drug charge. At our firm, we have substantial experience with drug crime defense. Our principal is a former prosecutor who understands how the state tries to prove these cases. Contact Phoenix meth crime attorney James Novak at (480) 413-1499 or online for a free appointment. He also represents defendants who need a drug trafficking attorney or assistance in fighting other narcotics charges in Tempe, Mesa, Chandler, Gilbert, Scottsdale, and other cities in Maricopa County.