As a Criminal Defense Attorney, José A. Saldivar has dealt with many cases involving narcotics offenses, including possession for sale. As your Phoenix drug offense attorney, he will find a way to defend you against possession for sale charges. Depending on the type and quantity of drug involved, a possession for sale case could require a mandatory prison sentence – even for a first offense. Possession of methamphetamine for sale is an extremely serious offense in Arizona and the judge must sentence you to no less than 5 years in the Arizona State Prison if you are convicted, regardless of the amount of drugs involved. Other drugs such as crack, cocaine, heroin, marijuana and ecstasy are subject to mandatory prison sentences only if the amount of drugs involve exceeds certain “threshold” limitations that differ for each type of drug. Phoenix Drug Defense Attorney José A. Saldivar is well versed in the drug sentencing law and will be able to tell you exactly what you are facing. Depending on whether you are charged with possession of marijuana for sale, possession of narcotic drugs for sale or possession of dangerous drugs for sale, the potential punishment you are facing could be affected.
Serious & Aggressive Phoenix Drug Defense Lawyer
If this is your first offense in Phoenix, you could qualify for an alternative sentencing if convicted of the less serious drug offense of personal possession. Attorney José A. Saldivar can provide you with advice regarding drug court, diversion programs, or deferred entry of judgment. Having a Phoenix defense lawyer on your side advising you and fighting for you can open up many options that may not be available if you attempt to navigate your drug charges on your own. Of course, these less serious alternative sentencing options are not available for those convicted of possession for sale and an experienced drug defense attorney like José A. Saldivar will vigorously attack any move by the prosecution which attempts to prove that the defendant intended to sell or distribute the drugs found in their possession. If the prosecution is unable to prove the defendant's intent beyond a reasonable doubt, the “for sale” allegation may be dismissed, thereby saving the defendant from a potential prison sentence and opening the doors to various alternative sentencing options, including “Proposition 200.” Prosecutors attempt to prove drug sales by highlighting the presence of larger amounts of drugs. If scales or individual drug packaging materials were found, prosecutors will use this as further evidence of drug sales. As a former prosecutor, Attorney José A. Saldivar knows how the prosecution will attempt to use this evidence against you and will provide you with the best possible defense.
José A. Saldivar is a seasoned Phoenix drug defense attorney and knowing every detail of Arizona drug laws allows him to determine if illegal searches or police misconduct occurred during the investigation of your case. If these things did occur, he will know and as your lawyer, can take the proper actions on your behalf to seek a dismissal of your case or a court order suppressing the use of the illegally obtained evidence. Illegal searches and police misconduct are violations of your constitutional rights and any evidence of these violations could grounds for the dismissal of your case.