Year: 2011

Flagstaff Marijuana Lawyer: so you got busted with marijuana in Flagstaff…

It can happen fast. Say you’re driving down Route 66 in Flagstaff and you get pulled over for speeding by Flagstaff Police. The officers ask if you’ve been drinking or smoking weed. They end up searching your car and find a small baggie of marijuana. Maybe it’s your friend’s, or your brother’s, or you didn’t even know it was there. But you get charged with Possession or Use of Marijuana or worse yet Possessing or Transporting Marijuana for Sale.

Arizona marijuana crimes occurring in Flagstaff can end up as felonies or misdemeanors. If the weight of the marijuana is 2 or more pounds, most likely you’ll be looking at felony charges in Coconino County Superior Court in downtown Flagstaff. If you’ve got under 2 pounds, like a little baggie for personal use, depending on your prior criminal history, misdemeanor charges are a possibility in the Flagstaff Municipal Court on Beaver Street. If you’re convicted of simple possession of marijuana, you’re looking at a minimum fine of $750, or significantly more. You can end up in drug treatment, or jail.

Possession of Marijuana for Sale, or Transporting Marijuana for Sale, are very serious felony offenses in Arizona. These cases happen in Northern Arizona in I-40 and I-17 regularly, and the Arizona Department of Public Safety (highway patrol) are well-aware of drug courier profiles and how to spot those transporting marijuana. Depending on the weight of the drugs, you could end up in prison, with a felony conviction on your record. You need a lawyer fast if you’re arrested for a felony drug offense. Possession of Drug Paraphernalia Another possible criminal charge is possession of drug paraphernalia.

That marijuana pipe you have, or that baggie with marijuana residue, or that water bong all can lead to further criminal charges under Arizona Revised Statutes section 13-3415(A), which states: It is unlawful for any person to use, or to possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a drug in violation of this chapter. Any person who violates this subsection is guilty of a class 6 felony. Yes, that’s a lot of options for committing a crime.

Analyze marijuana? Propagate marijuana? Class 6 felony. Again, like the simple possession of marijuana charges discussed above, you should be trying to get a misdemeanor or deferral of your case for possession of drug paraphernalia. DUI – Drugs Remember the hypothetical above? Say you’re driving down S. Milton Road in Flagstaff and you get pulled over and the cops find a baggie of marijuana. Next thing you know, you’re under investigation for DUI.

If you have a metabolite of THC (active ingredient in marijuana) in your system while driving… boom, DUI. The police will probably get a urine sample from you. (See my article about this: http://www.flagstaff-lawyer.com/2011/04/flagstaff-dui-and-admin-per-se-implied.html) So if you have marijuana in a vehicle, look out for that DUI investigation that is almost guaranteed to happen if you’re pulled over. If you are facing marijuana charges in Flagstaff, Sedona, Prescott, or anywhere in Northern Arizona, call Griffen & Stevens Law Firm, PLLC today for a free consultation on your criminal case, including nights and weekends.

Coconino County felony charges and convictions explained…

Coconino County in Northern Arizona is the second largest county in the United States. Because of its major intersection of I-40 (west toward Los Angeles, east towards New Mexico, Texas, and the east coast) and I-17 (south toward Phoenix, Tucson, Yuma, and Mexico), major drug trafficking, drug transportation, and marijuana cases often arise in Coconino County. All Arizona felony charges in Coconino County are tried in the Coconino County Superior Court, located at 200 N. San Francisco Street, Flagstaff, Arizona 86001. Once you are charged with a felony, the Arraignment, Case Management Conferences, Plea Agreements, Evidentiary Hearings, and other legal proceedings start coming at you fast and furious.

If you are arrested for a felony in Northern Arizona, you need to hire a lawyer fast to protect your rights and assert your defenses and get you out of jail as soon as possible. A felony case, by definition, is a case in which if you are convicted you may be sentenced to a term in the Arizona Department of Corrections.

Felony convictions also result in many of your Arizona rights to be taken away, such as the right to possess a firearm and the right to vote. As an example of a Coconino County felony, let’s say, heading east on I-40 from L.A. and charged with transporting marijuana for sale, while traveling through Coconino County on I-40 near Flagstaff, here’s what happens.

  1. The Arizona Department of Public Safety (DPS) will impound your car and arrest you.
  2. You will be taken to a police station where they will ask to interview you.
  3. You will (or should be) provided you Miranda rights.
  4. The officers will really be interested in knowing whether you have good information about drug rings, drug manufacturers, drug suppliers, and basically anyone above you in the drug food chain.
  5. They’ll first ask you about your own illegal activity to make sure they can file felony drug charges against you.
  6. Once they have you for a felony, they can try to leverage that against you for information.
  7. Whether it’s a drug felony or other type of Arizona felony crime, you are likely to be arrested and jailed.
  8. Within 24 hours of being arrested in Arizona, you must be taken before a magistrate judge to be informed of many important things: the charges, your right to counsel, your right to remain silent, and more.

See Arizona Rules of Criminal Procedure, Rule 4.2.

Additionally, if only a felony complaint is filed against you, you shall have the right to a preliminary hearing within 10 days of your arrest.

See Arizona Rules of Criminal Procedure, Rule 5.1.

If a judge determines there is probable cause in your case, you will have an Information filed against you. The prosecutor can instead take your case before a Coconino County Grand Jury and seek a grand jury Indictment. A felony Information and felony Indictment are, for all important purposes, the same thing in Arizona.

They both mean the same thing: you are accused of and will stand trial for a felony or multiple felony offenses. You will need excellent legal representation at the following hearings in the Coconino County Superior Court: Arraignment Case Management Conferences Evidentiary Hearings Change of Plea Hearings Jury Trial Sentencing Hearings Post-Conviction Relief Hearings It is very important to get a good criminal defense lawyer as early as possible in your Coconino County felony case.

Some felony cases proceed very fast. And if you are only facing a complaint at the moment, your case can potentially be resolved completely as a misdemeanor in the Flagstaff Justice Court, Williams Justice Court, or Page Justice Court.

Time is of the essence. If you have questions about your felony case in Coconino County Superior Court, send me a message for free using the form in the right column (near the top of this page). Coconino County also touches many other counties, including the Utah border. Here are those counties adjacent to Coconino: Mohave County, Arizona Yavapai County, Arizona Gila County, Arizona Navajo County, Arizona San Juan County, Utah Kane County, Utah If you’ve been charged with, or arrested for, any felony crime in Coconino County or any of its adjacent counties, contact Griffen & Stevens Law Firm, PLLC now for best results.

Flagstaff Misdemeanor Lawyer on alcohol-related misdemeanors in Flagstaff cases…

Flagstaff Misdemeanor Lawyer Ryan Stevens discusses one of the most common elements found in Flagstaff misdemeanor criminal cases in Northern Arizona: alcohol.

  • Underage consumption.
  • DUI.
  • Disorderly conduct.
  • Shoplifting.
  • Domestic Violence.

These are just some of the Flagstaff misdemeanor cases I deal with. And one thing in common in most, if not all, of those cases is ALCOHOL. As soon as an alcohol-related case comes across my desk, a number of things cross my mind: alcohol dependency, alcohol addiction, alcohol counseling and treatment, alcoholism rehabilitation, outpatient services, residential treatment, and more. I think: would this Arizona crime have occurred had it not been for alcohol dependency?

There are many tools I can utilize in defending Flagstaff misdemeanor cases, like Miranda violations, voluntariness, constitutional violations, search and seizure violations, illegal traffic stop, unlawful arrest, bad breath/blood analysis, and more. And sometimes, you can win a Flagstaff DUI or other Flagstaff misdemeanor case on that. Other times, however, we need to address whether that Northern Arizona DUI was preventable, whether the driver is treatable, and whether we can use this information to best resolve the case with no jail and perhaps a deferred prosecution.

Underage consumption can lead to serious consequences for your drivers license, just like a DUI or certain other misdemeanors in Arizona. There are fines, fees, and jail time. You will have a criminal record. For all of these reasons, it is well worth it to hire a lawyer to walk you through the criminal justice process, to stand up and fight for all of your rights, to assert your defenses under Arizona criminal law, and to achieve the best resolution possible under the specific circumstances of your case.

Flagstaff Marijuana Lawyer welcomes Arizona medical marijuana…

As of April 14, 2011, the Arizona Department of Health Services (ADHS) has officially begun accepting applications for medical marijuana patient and caregiver cards. Qualifying patients can begin applying for registry identification cards at the ADHS website.

Fun Facts About the Arizona Medical Marijuana Act

The Arizona Medical Marijuana Act says that anyone who follows the requirements can’t be penalized for the medical use of marijuana by entities such as schools, landlords, and employers. In regard to growing and cultivating medical marijuana, a qualifying Flagstaff patient or the qualifying patient’s designated caregiver may cultivate medical marijuana if the qualifying patient lives more than 25 miles from the nearest dispensary. A dispensary may cultivate marijuana at the dispensary or at a cultivation site, but the location of the dispensary and the cultivation site needs to be in compliance with local zoning restrictions, and must be done in an “enclosed, locked facility” such as a greenhouse. A medical marijuana card will cost a qualifying patient $150 for an initial or a renewal registry identification card. Some qualifying patients may be eligible to pay $75 for initial and renewal cards if they currently participate in the Supplemental Nutrition Assistance Program.

Who gets to apply?

A qualifying patient, who has been diagnosed with one of the debilitating medical conditions will need to get a written certification from a physician (medical doctor, osteopath, naturopath, or homeopath licensed to practice in Arizona) with whom he/she has a physician-patient relationship. The written certification has to be on a form provided by the Arizona Department of Health Services (Department) within 90 days before submitting an application for a registry identification card. After obtaining the written certification from the physician, the qualifying patient can apply online for a registry identification card, after April 14, 2011.

So what is a “debilitating medical condition” for the purpose of getting a medical marijuana card?

Here is how Arizona statute defines a debilitating medical condition: “Debilitating medical condition” means one or more of the following: (a) Cancer, glaucoma, positive status for human immunodeficiency virus, acquired immune deficiency syndrome, hepatitis C, amyotrophic lateral sclerosis, crohn’s disease, agitation of alzheimer’s disease or the treatment of these conditions. (b) A chronic or debilitating disease or medical condition or its treatment that produces one or more of the following: cachexia or wasting syndrome; severe and chronic pain; severe nausea; seizures, including those characteristic of epilepsy; or severe and persistent muscle spasms, including those characteristic of multiple sclerosis. (c) Any other medical condition or its treatment added by the department pursuant to section 36-2801.01. See Arizona Revised Statutes, section 38-2801(3).

How much marijuana can I possess?

A qualifying patient can possess up to 2.5 ounces of usable marijuana or 12 marijuana plants.

Flagstaff Police Make Their Points on Enforcing Criminal Marijuana Laws

Recently, the Flagstaff police held a public meeting to discuss medical marijunana laws about to go into effect. One of their major points was that medical marijuana card-holders can still be charged with DUI if they are impaired by marijuana consumption while driving in Flagstaff city limits. The main point: Flagstaff police officers will still be looking to pull you over and charge you with possession of marijuana (in excess of 2.5 ounces), DUI, DUI – impaired, smoking marijuana in public, and any other Flagstaff drug violations they can come up with.

If you have been charged with a marijuana crime in Flagstaff, or have questions about medical marijuana and how to protect yourself and your rights, call Griffen & Stevens Law Firm, PLLC today for a free consultation.

Flagstaff DUI lawyer comments on deferred prosecutions in Northern Arizona DUI cases…

Driving under the influence (DUI) charges in Flagstaff, Arizona must be taken seriously. Even for your first offense, a DUI – Impaired to the Slightest, is a class 1 misdemeanor with required jail time in the Coconino County Detention Facility at 951 E. Sawmill Road, Flagstaff, AZ 86001, and significant fines and fees.

Flagstaff has great bars and restaurants in the downtown area and on Route 66. Most people enjoy their drinks at Charley’s or Zane Gray, Flag Brew, Collin’s Irish Pub, The Museum Club, The Mad Italian, or the many other Flagstaff bars that serve alcohol. But very few people actually live near downtown, not to mention the hundreds of thousands of tourists that travel through Flagstaff while visiting the Grand Canyon, Lake Powell, Zion, or even Phoenix.

So, once you drink, how do you get home or to your hotel? Far too many people risk driving after drinking, and the Flagstaff police know where to catch you committing traffic violations so that they can pull you over and investigate you for DUI. (For more information on what happens when you’re pulled over on suspicion of DUI under Arizona DUI laws, see this post: http://www.flagstaff-lawyer.com/2010/12/flagstaff-dui-what-you-need-to-knowpart.html).

Oftentimes, a great result in a Flagstaff DUI case is a deferred prosecution. So what is a deferred prosecution?

Here is what the Arizona Rules of Criminal Procedure say about it:

Whenever after the filing of a complaint, indictment or information, but prior to a plea of guilty or trial, the prosecutor determines that it would serve the ends of justice to suspend further prosecution of a defendant so that he or she could participate in a deferred prosecution program, the prosecutor, with the consent of the defendant, may, by written motion, apply to the court for suspension of prosecution.

See Rule 38.1, Arizona Rules of Criminal Procedure.

So what does this mean for a Flagstaff DUI defendant? Well, you are NEVER guaranteed a deferred prosecution. In fact, most Flagstaff DUI cases begin with a plea offer from the prosecutor to a DUI charge. Sometimes, however, “the prosecutor determines that it would serve the ends of justice” to offer you an opportunity to earn a dismissal of your Flagstaff DUI charges.

In a Flagstaff DUI case, there are numerous factors that a prosecutor considers in determining whether an Arizona deferred prosecution is appropriate. I know firsthand because I used to be a prosecutor. So I understand the thought processes behind various plea offers, plea agreements, charges, and deferred prosecutions.

In the Flagstaff DUI investigation of your case, if your blood alcohol concentration (BAC) comes back above 0.08%, your odds of a deferred prosecution are lower. However, if you do everything right, and even voluntarily do an alcohol assessment at an agency like Northern Arizona Substance Abuse Services (N.A.S.A.S.), your Flagstaff DUI may be pled down to deferred prosecution, and ultimately dismissed. It is up to the prosecutor who has a great deal of discretion under Arizona DUI sentencing laws.

A deferred prosecution offers a defendant an opportunity to complete various terms and conditions and show good behavior in order to earn a dismissal of their Flagstaff DUI case. This would be instead of a criminal conviction.

If you have been charged with a DUI in Northern Arizona, such as in Flagstaff, Williams, Sedona, or Prescott, I will offer you a free consultation in which we can discuss the many defenses and possible outcomes for your Arizona DUI case.

Flagstaff felony lawyer discusses Arizona felony drug laws including drug transportation on Interstate 40 and Interstate 17

Arizona has a detailed set of felony drug laws.

See Arizona Revised Statutes, section 13-3401 et seq.

The Arizona Department of Public Safety (DPS) is well-aware of Arizona’s relatively high-volume drug trafficking on I-40 across Northern Arizona and I-17 between Phoenix and Flagstaff, including marijuana, hydroponic marijuana, mushrooms, heroin, cocaine, cocaine base or hydrolyzed cocaine, LSD, PCP, amphetamines, and even methamphetamine. Drug paraphernalia (anything used to contain, conceal, package, smoke, inject or otherwise possess or use the drug) also comes with felony and misdemeanor charges.

Transporting drugs intended for sale is such a serious crime that a first-time felony often requires a prison sentence under Arizona law, even if the person has a clean driving history and no criminal record.

Drug courier profiling in Arizona has been the subject of litigation and argument. Trained officers are aware of many telltale signs of drug trafficking, but Arizona law does not permit officers to pull people over on a “hunch.” They need reasonable suspicion of drug trafficking, a felony, or any crime – or, of course, they need to observe a traffic violation, such as speeding, failure to control vehicle, excessive speeding, criminal speeding, reckless driving, improper or erratic lane changes, following a vehicle too closely, or other Arizona traffic violations.

See Title 28 of the Arizona Revised Statutes.

Arizona felony drug cases are charged based on several factors:

  • the type of controlled substance / drugs;
  • the amount of the controlled substance / drugs;
  • whether controlled substance / drugs are possessed, manufactured, produced, intended for sale,
  • transported, or transported for sale;
  • and other factors.

Major drug offenses in Arizona must be defended swiftly and with the full force of the Arizona Constitution and U.S. Constitution. The following issues have been raised in previous cases and may be raised in your case which can lead to suppression of evidence, dismissal of charges and not guilty verdicts:

  • Illegal basis for the traffic stop;
  • Illegal detention or unlawful arrest;
  • No probable cause to justify a warrantless search;
  • The drug detection dog or K9 was not certified and/or reliable;
  • Invalid search warrant based on material omissions, misrepresentations and/or unspecific and vague information
  • Violation of Miranda rights (right to remain silent, speak with an attorney, etc.);
  • Racial profiling;
  • Violation of right to due process if government fails to preserve evidence;
  • No knowledge that drugs were present; and
  • The drugs that were possessed were for personal use and not for sale.

Flagstaff lawyer focuses on Commercial Drivers License (CDL) issues under Arizona traffic laws…

Trucking through Arizona usually involves I-40 near cities like Kingman, Williams, Flagstaff, Winslow, Holbrook, and more. Northern Arizona traffic violations can lead to severe consequences for CDL drivers in Arizona.

CDL drivers are often faces with charges of speeding, failure to control their trucks, excessive speeding, criminal speeding, reckless driving, improper or erratic lane changes, following a vehicle too closely, driving a commercial motor vehicle (CMV) without obtaining a CDL or having a CDL in the driver’s possession, driving a CMV without the proper class of CDL and/or endorsements, and other violations of the Arizona Revised Statutes Title 28 (i.e., Arizona traffic laws).

There are a seemingly infinite number of ways for your to get your Arizona CDL suspended or for you to lose your Arizona CDL entirely. With your livelihood and career on the line, it is important that you know the facts about CDL’s and the penalties for violating CDL rules and traffic laws in Arizona.

The minimum age for a commercial driver license in Arizona is 21.
Under federal law (Code of Federal Regulations or “CFR”) and under Arizona, there are different classes of CDL’s:

Class A – Any combination of vehicles with a GCWR of 26,001 or more pounds provided the GVWR of the vehicle(s) being towed is in excess of 10,000 pounds.

Class B – Any single vehicle with a GVWR of 26,001 or more pounds, or any such vehicle towing a vehicle not in excess of 10,000 pounds GVWR.

Class C – Any single vehicle, or combination of vehicles, that does not meet the definition of Class A or Class B, but is either designed to transport 16 or more passengers, including the driver, or is transporting material that has been designated as hazardous under 49 U.S.C. 5103 and is required to be placarded under subpart F of 49 CFR Part 172 or is transporting any quantity of a material listed as a select agent or toxin in 42 CFR Part 73.

YOUR ARIZONA CDL WILL BE CANCELLED If

There are many ways to lose your CDL. In Arizona, your CDL may be cancelled for any of the following:

  1. Failing to give correct information on the application,
  2. Applying while your license/driving privilege is disqualified, suspended, revoked or canceled in Arizona or another state,
  3. Falsely stating your age as 21 or over,
  4. Not meeting the medical requirements,
  5. Failing, refusing, or neglecting to pay fees, taxes or assessments to MVD.

Traffic violations are strictly punished when it comes to your Arizona CDL.

TRAFFIC VIOLATIONS RESULTING IN SUSPENSION OF YOUR ARIZONA CDL

It is illegal to operate a CMV if your blood alcohol concentration (BAC) is .04% or more. If you operate a CMV, you shall be deemed to have given your consent to alcohol testing. This is called “implied consent” under Arizona DUI laws.

You will lose your CDL for at least one year – that is, it will be suspended for at least 1 year – for a first offense for any of the following:

  1. Driving a CMV if your blood alcohol concentration is .04% or higher. (You will be put out-of-service for 24 hours if you have any detectable amount of alcohol under .04%.)
  2. Refusing to undergo blood alcohol testing.
  3. Driving a motor vehicle while under the influence of a controlled substance.
  4. Leaving the scene of an accident involving a motor vehicle driven by the person.
  5. Committing a felony involving the use of a CMV.
  6. Driving a CMV when the CDL is suspended, revoked, disqualified or canceled.
  7. Causing a fatality through negligent operation of a CMV, including a conviction of manslaughter, homicide or negligent homicide resulting from operation of a motor vehicle.

You will lose your CDL for life for a second offense.
You will lose your CDL for life if you use a CMV to commit a felony involving controlled substances.

SERIOUS TRAFFIC VIOLATIONS

Serious traffic violations are excessive speeding (15 mph or more above the posted limit), reckless driving, racing, improper or erratic lane changes, following a vehicle too closely, a violation of the Arizona Revised Statutes Title 28 that is connected with a fatal traffic accident, driving a CMV without obtaining a CDL or having a CDL in the driver’s possession, and driving a CMV without the proper class of CDL and/or endorsements.

You will lose your Arizona CDL for at least 60 days if you have committed 2 serious traffic violations within a 3-year period involving a CMV, or for at least 120 days for 3 serious traffic violations within a 3-year period involving a CMV.
Your Arizona CDL will be suspended for violations of out-of-service orders!
Your Arizona CDL will be suspended for railroad-highway grade crossing violations!
You can even lose your Arizona CDL for a traffic violation committed while in your personal vehicle!

BACKGROUND CHECKS ON CDL HOLDERS

Arizona participates in the Commercial Driver License Information System (CDLIS), which is a nationwide computer system providing information about holders of a CDL. When you apply for a new Arizona CDL or transfer a CDL from out of state, your application is checked against this system. Just like the National Driver Register, if you have outstanding or unresolved actions in any other state or you provide false information on your application, your Arizona CDL will be cancelled.

FEDERAL REQUIREMENTS AND REGULATIONS

The feds regulate CDL’s and trucking on a heavy basis. For example, you must notify your employer within 30 days of conviction for any traffic violations (except parking), and can face penalties for failing to do so. This is true no matter what type of vehicle you were driving (including your own person vehicle).
There are many requirements, including form requirements for trucker logs. A violation can be criminal in nature. For more information on federal and Arizona CDL requirements visit the Federal Motor Carrier Safety Administration.

Flagstaff felony lawyer talks ARIZONA ARREST WARRANTS…

Got an arrest warrant in Arizona? Look no further. Call your Flagstaff Arizona Felony Lawyer immediately at (928) 607-9928. An outstanding arrest warrant is a serious matter in Arizona. Don’t end up in jail.

Arrest warrants are a scary thing. If a police officer comes upon you, and you have an arrest warrant, the police are required to arrest you, and you’ll sit in jail until a judge is available to see you. Even really old arrest warrants can and will come back to haunt you. When a warrant is issued for your arrest, your driver’s license is usually automatically suspended, which means as soon as you get a speeding ticket, you’re going to jail. Arizona arrest warrants can come out of city courts (e.g., Flagstaff Municipal Court), justice courts (e.g., Prescott Justice Court), and superior courts (e.g., Yavapai County Superior Court).

FAILURE TO PAY WARRANTS & FAILURE TO APPEAR WARRANTS

Judges can issue arrest warrants for a variety of reasons, such as a failure to pay warrant, or a failure to appear warrant. A failure to appear is also a criminal offense and you can be charged with a felony in Arizona, just for your failure to appear. Here are the two types of Failure to Appear offenses in Arizona: Failure to Appear First Degree (Arizona Revised Statutes section 13-2507) Failure to appear in the first degree is when you miss a required court date to answer to felony charges. If you missed this court date you will face this additional Class 5 felony charge. This additional felony charge has a potential sentence of up to 1 ½ years in prison.

This is a serious charge to have added to your already existing legal problems. Failure to Appear Second Degree (Arizona Revised Statutes section 13-2506) Failure to appear in the second degree is when you fail to show up for a court date in regards to a misdemeanor or infraction charge. This additional charge is a Class 1 misdemeanor. A Class 1 misdemeanor carries a potential sentence of up to 6 months in jail as well as fines up to $2,500. Arizona MVD will be notified of your failure to appear and your driver’s license will be immediately suspended.

How else can I get an arrest warrant in Arizona?

Arizona Rules of Criminal Procedure also offer judges the ability to issue an arrest warrant upon a felony indictment or finding of probable cause upon a complaint made under oath.

See Arizona Rules of Criminal Procedure, Rule 3.1.

If the court tries to summons you, and you fail to appear or are unavailable for service, the judge can issue an arrest warrant as well.

See Arizona Rules of Criminal Procedure, Rule 3.1(c).

I have an arrest warrant, what do I do now?

If you have a warrant for your arrest, you may post the amount of the bond to quash the warrant and have an arraignment date scheduled. You may also contact a warrants officer who can schedule a time to see the judge. Only the judge can make the decision of whether you are arrested or not. Once a warrant is issued, you must personally appear before the judge before the warrant is quashed.

Griffen & Stevens Law Firm, PLLC can push hard to get your warrant quashed and assist you in dealing with the basis of your warrant. There are many technical rules and Arizona laws relating to arrest warrants and the execution of arrest warrants (i.e., when a police officer arrests someone pursuant to a warrant). Let your Northern Arizona Felony Lawyer fight to keep you out of jail.

Flagstaff lawyer discusses ARIZONA MARIJUANA LAWS…

Is possessing marijuana a felony in Arizona? Does the Arizona Medical Marijuana Act change anything? When does the Arizona Medical Marijuana Act go into effect? Can I smoke marijuana in public if I have a

Cold identical weeks great setup bentyl product Collagen now: got the.
physician’s prescription?

In Arizona, it is still illegal to possess marijuana as of right now. Arizona drug laws are accompanied by strict penalties, often including prison sentences. In fact, Arizona’s prison population has grown steadily and significantly from the late 1990’s to now. Arizonans spend way too much money on their prisons, which are overflowing with drug offenders. Arizona’s spending on the Arizona prison system (Arizona Department of Corrections) has increased by 100 percent, from $409 million in 1997 to $817 million in 2007.

Incredible.

Let’s talk about the felony charge of possession or use of marijuana. Under Arizona felony law, you “shall not knowingly poessess or use marijuana.” See Arizona Revised Statutes, section 13-3405(A)(1). But what kind of felony possession is it? Here’s how it breaks down under Arizona drug laws:

Less than 2 pounds of marijuana – class 6 felony
2 to 4 pounds of marijuana – class 5 felony
4 pounds or more of marijuana – class 4 felony

NOT POSSESSED FOR SALE

Each class of felony gets more serious based on a higher net weight of marijuana. If you are accused of possessing marijuana for sale, the felonies are even more serious! In case you don’t already know… here’s how Arizona criminal law defines “marijuana”: “Marijuana” means all parts of any plant of the genus cannabis, from which the resin has not been extracted, whether growing or not, and the seeds of such plant.

Marijuana does not include the mature stalks of such plant or the sterilized seed of such plant which is incapable of germination. See Arizona Revised Statutes, section 13-3401(19). The Arizona Medical Marijuana Act is a game-changer in Arizona.

It is still very limited, but basically, the Arizona Medical Marijuana Act says that anyone who follows the strict requirements (see here) can’t be penalized for the medical use of marijuana. One such restriction is that you cannot smoke marijuana in public or on public transportation.

Here’s the schedule of major events relating to the Arizona Medical Marijuana Act:

April 14, 2011: Arizona Department of Health Services begins to accept applications for qualified patients and caregivers

June 1-30, 2011: Arizona Department of Health Services accepts applications for initial dispensary registration certificates

Mid-August, 2011: Arizona Department of Health Services selects and awards dispensary registration certificates

January, 2012: Arizona Department of Health Services accepts petitions for additional debilitating medical conditions

Felony lawyer on Aggravated DUI (or “felony DUI”) under Arizona law…

Northern Arizona has a lot of Aggravated DUI charges, in courts like Coconino County Superior Court, Yavapai County Superior Court, Navajo County Superior Court, Mohave County Superior Court, and Apache County Superior Court, for DUI cases out of cities like Flagstaff, Sedona, Prescott, Holbrook, Page, Williams, and on I-40 and I-17 in Northern Arizona. So what happens if you are charged with a felony? How does a judge sentence you on felony Aggravated DUI?

Most of us have an idea of the definition of a DUI, or Driving Under the Influence, which is, in its most basic form, a misdemeanor under Arizona law. The most basic DUI in Arizona is called “DUI – Impaired to the Slightest Degree.” And that’s because there is a common misperception that you must have a 0.08% BAC, or blood alcohol concentration, to be convicted of DUI in Flagstaff, Prescott, Sedona, or anywhere else in Arizona. That, however, is not true. In Arizona, here is all that is required for a DUI:

A. It is unlawful for a person to drive or be in actual physical control of a vehicle in this state under any of the following circumstances:

1. While under the influence of intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances if the person is impaired to the slightest degree.

Arizona Revised Statutes, section 28-1381(A)(1).

I’ll talk about “actual physical control” in a separate article. For now, let’s focus on driving while under the influence of alcohol or drugs where “the person is impaired to the slightest degree.” If you have one sip of wine, and it ever-so-slightly impairs you (e.g., hand-eye coordination, awareness, ability to focus, divided attention skills, etc.), then you risk a DUI by driving.

Where the 0.08% BAC comes in is a separate DUI offense, where you’re not just “impaired to the slightest degree” but you are driving with a BAC of 0.08% or higher. That creates a presumption of impairment, under Arizona law.

So what makes a felony DUI (“Aggravated DUI”)? Aggravated DUI happens when you commit any DUI offense while your driver license or privilege to drive is suspended, canceled, revoked or refused or while a restriction is placed on your driver license or privilege to drive as a result of a DUI. See Arizona Revised Statutes, section 28-1383(A)(1).

Aggravated DUI is also when you are convicted of a third or subsequent DUI within a period of 84 months (i.e., 7 years).

Arizona Revised Statutes, section 28-1383(A)(2).

Aggravated DUI is also when you commit a DUI with a passenger in your vehicle who is under 15 years old.

Arizona Revised Statutes, section 28-1383(A)(3).

So, there are many different ways to commit Aggravated DUI, but the most common is when you get a DUI and your license is suspended, meaning you never should have been driving in the first place, much less while impaired!

Aggravated DUI is a class 4 felony, and if you are convicted of it, you can get supervised (felony) probation, or like any other Arizona felony offense, you can be sentenced to a prison term in the Arizona Department of Corrections. Your first Aggravated DUI can send you to the Arizona Department of Corrections for up to 3.75 years and mandatory minimum fines in the $4,000 range, but up to $150,000 under Arizona criminal law.

Even if you got probation on an Aggravated DUI conviction, Arizona statutory law requires you to serve at least 4 months in the Arizona Department of Corrections.

Typically, if you are charged with an Aggravated DUI, you should hire a lawyer to try to negotiate a plea bargain for you. An Aggravated DUI is one of the worst convictions to have on your record because it requires you to spend time in prison and is also allegeable against you for life. For whatever reason, Aggravated DUI is punished worse than most felony offenses.

Fight hard and make sure your rights are protected.