Phoenix Arizona Criminal Lawyer Attorney

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Drug Dealing Attorney-Possession with Intent to Sell (PWIS)

Have you been indicted for any type of drug or controlled substance crime? If so, you really need to get in touch with a skilled and well-experienced criminal defense attorney before the case goes any farther. You need a defense attorney with experience defending individuals dealing with possession indictments. You really need our reliable criminal defense attorneys!

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Indictments closely related to simple possession of illegal substance vary from a misdemeanor to very serious felonies. Degree of severity depends on following:

-Type of drugs found
-Amount of drugs found
-Past Criminal History
-Packaging and paraphernalia
-Aount of cash and location of arrest

If the indictment is a simple possession charge, it means that the arresting police officer felt the individual in possession of the drug did not make the substance, was not going to distribute the substances, did not intend to sell what they had in possession and was probably just going to use the substances themselves. An individual indicted for simple possession may be convicted on anything from a first-degree misdemeanor for a small amount of marijuana to a third-degree felony.

The more serious drug crimes are PWIS the controlled substance and trafficking which is a broad legal term based on a larger than typical amount. Knowing the trafficking weights is critical since it could be the difference between probation and mandatory imprisonment. In order for the government and the prosecution to make this indictment stick, the prosecution must prove all elements of simple possession, and then prove that the indictee was actually going to sell the illegal substances to other people. Indictments here may vary from a third-degree felony for someone indicted for PWIS marijuana up to second-degree felony indictments that may be filed for much more dangerous types of illegal substances.

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Defenses against these indictments

This is where a skilled, reliable and well-experienced attorney is needed to defend you in your case. Do not just take the plea deal. Your criminal defense attorney can try to prove that the defendant had no knowledge of the illegal substance, or had no knowledge that the substance was illegal. There may be a valid reason someone was in possession of the controlled substance, for instance, an individual holding a valid prescription from his/her doctor. The legal representation may center around improper law enforcement procedure, like legal trap or even illegal search and seizure.

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One of the first questions many individuals will ask is “What would happen if I were found guilty?” There is a wide-range of sentences that can be imposed based on the Law, and the severity of the sentence depends on the type of illegal substance the accused was alleged to have on his/her person, how much there was of the substance, and the degree of the misdemeanor or felony. For instance, a second-degree misdemeanor may carry a prison confinement of sixty (60) days, while a second-degree felony carries a maximum imprisonment of up to fifteen (15) years and a large fine. Plus, the laws REQUIRE that the penalty be increased if the defendant has a criminal history of violence, or if the indictee can be regarded as a career criminal or habitual felon.

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According to the Statutes, you may not be in possession of a controlled substance unless the drug was lawfully obtained through a prescription. Drug possession indictments range dependent upon the type of the drug found on your person. Most possession-related cases arise from cocaine, cannabis, crystal meth and/or oxycodone/oxycontin. But possession of many other controlled substances can warrant a possession indictment, and the sentences may be too severe.


The Statutes set out the possession of 20 g or less of cannabis as a misdemeanor of the 1st degree. An indictment for cannabis possession requires a 1-year mandatory suspension of your driver’s license. You may also deal with a maximum sentence of:

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-Up to 1 year in prison
-Up to 1 year of probation
-A fine up to $1,000

In the case of cannabis possession, a first-time wrongdoer may be granted permission to enter a pre-trial diversion program that could give rise to dismissal of indictments.


The Statute sets out the possession of less than 28 g of cocaine as a 3rd degree felony. Cocaine possession can be as little as a bag of residue. The maximum sentences for a conviction for cocaine possession are:

-Up to 5 years in jail
-Up to 5 years of probation
-A fine up to $5,000


The Statute sets down the possession of less than 14 g of crystal meth as a 3rd degree felony. Crystal Meth Possession can be as little as a bag of residue. The maximum sentences are:

-Up to 5 years in jail
-Up to 5 years of probation
-A fine up to $5,000


The Statute sets out the possession of less than 4 g of oxycodone/oxycontin as a 3rd degree felony. Oxycodone/Oxycontin Possession can be as little as one (1) pill. The maximum sentences are:

-Up to 5 years in jail
-Up to 5 years of probation
-A fine up to $5,000


As skilled, trusted and well-experienced criminal defense attorneys, we have an array of potential tactics to argue an effective representation. Your defense will be tailored to the specific facts of your detention and indictments.

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With an excellent criminal defense attorney, you may not need to attend your court date. If possible, he/she will appear in court on your behalf and work diligently to solve your situation—hopefully with a dismissal or an alternative prosecution agreement that may alleviate the need for you to attend court at all.

Call us right now! We are experienced and passionate criminal defense attorneys who will work hard for you.