Although still considered a felony under Arizona law, marijuana offenses are marginally less serious than many other drug offenses. In Phoenix possession of marijuana in any usable quantity is a class six felony. Most persons charged with this marijuana offense are given the opportunity to participate in a diversion program if they have no prior criminal record. Upon completion of the diversion program, the Phoenix, Scottsdale, Glendale, Tempe or Mesa possession of marijuana charge will be dismissed with prejudice and no conviction will be reflected on your record. The county attorney’s office does not always offer participation in the diversion program unless it is specifically requested. As an experienced Phoenix Marijuana Attorney, José A. Saldivar knows how to identify cases that are diversion eligible and will seek that opportunity for his client by engaging in negotiations with the prosecution.
Marijuana Attorney in Phoenix
Possession of marijuana for sale is a far more serious offense. Even if there is no evidence of actual drug sales, police and prosecutors in Phoenix will sometimes attempt to pursue possession of marijuana for sale charges based on the quantity of the drugs and possible the presence of any currently, scales, baggies or other paraphernalia that is indicative of the sale of marijuana. The weight of the marijuana involved determines the severity of the possession for sale charge and cases involving over 4 pounds require a prison sentence if the defendant is convicted.
Whether charged with possession of marijuana or possession of marijuana for sale, it is critical that your case be reviewed by an experienced Phoenix marijuana defense law firm like Saldivar & Assocites, PLLC. We know how to identify any constitutional violations that may have been committed by the police before, during, and after your arrest. Whenever evidence is illegal obtained by the police, it could be subject to suppression by the court and the prosecution may have no choice but to dismiss your case. Our office strives to obtain the best possible outcome in every case he handles. Contact him today for your free initial consultation.