The Ultimate Arizona Drug Crimes Lawyer (2024)

Beware of Drug Crime Defense “Pretenders”:  Because of Artificial Intelligence (AI), many other law firms and lawyers will attempt to re-write DM Cantor’s Drug Crime Defense website information, and then try to claim it as their own “knowledge base.”  Although they can have AI re-write DM Cantor’s web pages, they cannot claim DM Cantor’s Jury Trial Complete Acquittals or Board Certifications at their own.  Although many lawyers will claim that they are “Specialists” or that they “Specialize” in Drug Crime Defense, only a “Board-Certified Criminal Law Specialist” is allowed to use this title as their own, per the State Bar of Arizona and the Arizona Board of Legal Specialization.

Board Certified Criminal Law Specialization

There were only 54 Board-Certified Criminal Law Specialists in the State of Arizona at the beginning of 2024.  In addition, of the 54 Board-Certified Specialists, only 37 of them are located in Maricopa County, Arizona.  DM Cantor has the most Board-Certified Criminal Law Specialists in the State of Arizona. 

When defending a Drug Crime allegation, it is critical to have as many Board-Certified Criminal Law Specialists working your case as possible.  Every major Felony Drug Crime case handled by DM Cantor includes at least 1 Board-Certified Criminal Law Specialist on the legal team that either handles the case, or supervises it’s defense. 

At DM Cantor, we wouldn’t have it any other way.

The Best Arizona Drug Crime Defense Attorney Team In Arizona

What is the best way to determine who has the best Drug Crime Defense Legal Team in Arizona?  First you look at the Team Leader’s experience and results.  David Michael Cantor became a member of the State Bar in 1989, and he started off as an Assistant City Prosecutor in the City of Phoenix.  While there, he amassed a record of 30 Jury Trial wins, with zero losses.  He then went on to form his own Criminal Defense Firm and Drug Defense Legal Team, DM Cantor. 

In addition to looking at the leader’s experience, you next need to look at the Drug Defense Lawyer’s results and certifications.  Not only is David Cantor a Board-Certified Criminal Law Specialist, but so are his two partners (Christine Whalin and Joey Hamby).  This certification was awarded to them by the Arizona Board of Legal Specialization.  No other Arizona Criminal Defense Law Firm has as many Complete Jury Trial Acquittals as DM Cantor.  If you need a Criminal Defense Attorney or Drug Crimes Defense Lawyer to represent you regarding Arizona Drug Charges or Federal Drug Crimes, then the Board-Certified Criminal Law Specialists and Drug Offense Attorneys at DM Cantor will give you your best odds of successfully winning your case.

Click below on the link to see questions to ask when interviewing a Drug Crimes Defense Attorney to represent you in your Court case.

Beware:  If you are visiting a Drug Crime Defense Law Firm who has you meet with a Non-Attorney Salesperson, rather than a Licensed Attorney, then you have to be wary of them trying to “sell their legal services,” even though they are prohibited by the State Bar of Arizona from giving legal advice.  When you come to DM Cantor you will always meet with one of the Board-Certified Criminal Law Specialists or Partners when consulting us regarding a Felony Drug Charge.

Arizona Drug Crime Charges And Their Elements

If you have been accused or charged with a Drug Crime in Arizona, it is absolutely imperative that your Lawyer knows both the drug laws, and the Potential Punishments that you will face for each individual charge in the State of Arizona.  All of the Attorneys at DM Cantor know not only the legal elements regarding all of the potential Drug Offenses in Arizona, but also the Potential Punishments, which may vary depending on the type of Drug and the weight involved. 

The Attorneys on the DM Cantor Drug Crime Defense Team also know how Prior Convictions on your criminal record, and Prior Allegations of a Drug Offense could potentially effect your Sentencing range regarding all types of Drug Crimes.  Check below for your specific Drug Crime allegation, Felony Level, and its Possible Punishment.

Marijuana Offenses 

Simple Possession of Marijuana – ARS 13-3405(A)(1)

In Arizona, it is illegal for a person to possess or use Marijuana under certain circumstances.  These include being under the age of 21 (without a Medical Marijuana Card), being a convicted Felon while on Probation, or using Marijuana in certain restrictive areas. 

In addition, it is illegal to possess certain amounts of Marijuana which are above the “Threshold” that a person would have for personal use. (ie. one ounce or “flower” or 5 grams of “concentrate”)

Under 13-3405(B) et seq., if a person possesses more than the “threshold”, but less than 2 pounds of Marijuana, this is a Class 6 Felony.  It is a Class 5 Felony to possess more than 2 pounds, but less than 4 pounds of Marijuana.  It is a Class 4 Felony to possess 4 pounds or more of Marijuana.

Possession of Marijuana for Sale – ARS 13-3405(A)(2)

Definition: In Arizona, per ARS 13-3405(A)(2), it is illegal to possess Marijuana with the express purpose of selling it.  Certain factors are circumstantial which can go to prove “Sales.”  For example, multiple small baggies individually wrapped, which appear to be done so for the purpose of selling.  In addition, if the weight exceeds the 1 ounce “Threshold” then it can be assumed the Marijuana is not being used for personal use, but is being “Sold”.

Under ARS 13-1405(B), et seq., if a person possesses less than 2 pounds of Marijuana for Sale, this is a Class 4 Felony.  If a person possesses more than 2 pounds, but less than 4 pounds of Marijuana for Sale, this is a Class 3 Felony.  If a person possesses 4 pounds or more of Marijuana for Sale, this is a Class 2 Felony.

Production of Marijuana – ARS 13-3405(A)(3)

Definition: In Arizona, per ARS 13-3405(A)(3), it is illegal to grow Marijuana, or reduce Marijuana into hashish or hashish oil.  If it exceeds personal use amounts, and if you are within a 25 – mile radius of a Marijuana Dispensary, or if it exceeds a certain weight and is above the “Threshold.”  In Arizona, if a person produces more than 12.5 ounces, but less than 2 pounds of Marijuana, they can be guilty of a Class 5 Felony.  If a person produces more than 2 pounds, but less than 4 pounds, they can be charged with a Class 4 Felony.  If a person produces 4 pounds or more, they can be charged with a Class 3 Felony.

Transportation of Marijuana for Sale – ARS 13-3405(A)(4)

Definition: In Arizona, per ARS 13-3405(A)(4), it is illegal to Transport Marijuana for the purpose of Selling it.  In Arizona, if a person Transports less than 2 pounds of Marijuana, they can be charged with a Class 3 Felony.  If a person Transports more than 2 pounds of Marijuana for the purpose of Sale, they can be charged with a Class 2 Felony.

Punishment for Marijuana Offenses

• If the case is reduced down to a Misdemeanor, the Judge can order jail time of anywhere from zero days in Jail, up to 6 months in Jail.
• Class 6 Felony: If granted Probation, the Judge can order up to 1 year in Jail as a condition of the Probation.  If Prison is ordered, the Mandatory Minimum is 4 months; the presumptive is 1 year; and the maximum is 2 years of Prison.
• Class 5 Felony: If the Judge orders Probation, the Judge can order up to 1 year in Jail as a condition of Probation.  If the Judge orders Prison, the Mandatory Minimum is 6 months; the presumptive is 1 year; and the maximum is 2.5 years of Prison.
• Class 4 Felony: The Judge can grant Probation, can order up to 1 year in Jail as a condition of the Probation.  If the Judge orders Prison, the Mandatory Minimum is 1.5 years; the presumptive is 2.5 years; the maximum is 3.75 years in Prison.
• Class 3 Felony: The Judge can grant Probation and order up to 1 year in Jail as a condition of Probation.  If the Judge orders Prison, the Mandatory Minimum is 2 years, the presumptive is 3.5 years; the maximum is 8.75 years in Prison.
• Class 2 Felony: The Judge can grant Probation and order up to 1 year in jail as a condition of Probation.  If the Judge orders Prison, the Mandatory Minimum is 3 years, the presumptive is 5 years; the maximum is 12.5 years in Prison.

Dangerous Drug Offenses

The definition of Dangerous Drugs is contained in ARS 13-3401(6).  The most recognizable Drugs which are considered “Dangerous Drugs,” are LSD, Methamphetamine, Amphetamine, Psilocybin, and all of the pharmaceutical drugs that end with the word “pam” (i.e., Lorazepam). 

Simple Possession of Dangerous Drugs – ARS 13-3407(A)(1)

Definition: It is illegal in Arizona per ARS 13-3407(A)(1) to Possess Dangerous Drugs that are illegal (such as Methamphetamine, and other drugs that are not “prescribed.”)  It is also illegal to possess “illicit” drugs.  These are drugs that can be prescribed, but the person possessing them does not have a valid prescription.

A person convicted of simple Possession of Dangerous Drugs can be charged with Class 4 Felony.  However, a Judge may enter in a judgment of a Class 1 Misdemeanor (except for LSD, Meth, and Phencyclidine).

Also, a Judge can allow a person to take TASC in order to do a Drug Diversion program on a first offense, which will result in a Complete Dismissal of charges after classes are complete.  This normally takes anywhere from three to six months.

Possession of Dangerous Drugs for Sale – ARS 13-3407(A)(2)

Definition: In Arizona, per ARS 13-3407(A)(2), a person cannot Possess Dangerous Drugs that are illegal or illicit, for the purpose of “Selling” those drugs.  If a person does so, they can be charged with a Class 2 Felony.

Possession of Dangerous Drugs, Chemicals, or Manufacturing Equipment – ARS 13-3407(A)(3)

In Arizona, per ARS 13-3407(A)(3), it is illegal for a person to Possess the Precursor Chemicals of Dangerous Drugs, or equipment used to manufacture Dangerous Drugs.  If the offense involves the Chemicals or Manufacturing of Methamphetamine, this can be charged as a Class 2 Felony.  All other Precursor Chemicals or Manufacturing Equipment can be charged as a Class 3 Felony.

Manufacturing of Dangerous Drugs – ARS 13-3407(A)(4)

Definition:  In Arizona, per ARS 13-3407(A)(4), it is illegal to Manufacture Dangerous Drugs.  If a person does so, they can be charged with a Class 2 Felony.

Administering a Dangerous Drug to Another – ARS 13-3407(A)(5)

Definition: In Arizona, per ARS 13-3407(A)(5), it is illegal to Administer a Dangerous Drug to Another Person.  This can be charged as Class 2 Felony.  Also, if the amount of the Dangerous Drug is above a certain “Threshold,” then there can only be a Prison sentence imposed.

Obtaining a Dangerous Drug by Fraud – ARS 13-3407(A)(6)

Definition: In Arizona, per ARS 13-3407(A)(6), it is illegal to Obtain a Dangerous Drug by Method of Fraud.  This is normally accomplished using fake prescriptions.  If a person commits this crime they can be charged with a Class 3 Felony.

Transportation of Dangerous Drugs for Sale – ARS 13-3407(A)(7)

Definition:  In Arizona, per ARS 13-3407(A)(7), it is illegal to Transport Dangerous Drugs with the purpose of “Selling” them.  If this occurs, a person can be charged with a Class 2 Felony.  In addition, if the drug amount is above a certain weight or “Threshold,” then only Prison can be imposed.

Punishment For Dangerous Drug Offenses

• On a Standard Class 4 Felony, a person can be sentenced to Probation with a condition of Probation being 1 year in Jail, or the Judge can impose Prison of 1 year Mandatory Minimum; 2.5 years presumptive; and 3.75 years maximum in Prison.
• On a Standard Class 3 Felony, a Judge can impose Probation with Jail time up to 1 year.  Or, the Judge can impose Prison time with a Mandatory Minimum of 2 years, presumptive of 3.5 years; and a maximum of 8.75 years in Prison.
• On a Standard Class 2 Felony, a Judge can impose Probation, with a condition of up to 1 year in Jail, or the Judge can impose Prison with a Mandatory Minimum of 3 years, a presumptive of 5 years, and a maximum of 12.5 years in Prison.

Dangerous Drug “Threshold” Amount 

Definition: Under Arizona law, if certain Dangerous Drug “Threshold” amounts are met, a person’s sentence can be enhanced.

• Methamphetamine and Amphetamine Threshold amount is 9 grams.
• Cocaine Threshold amount is 9 grams.
• Crack Cocaine Threshold amount is .75 grams.
• LSD Threshold amount is .5 of a milliliter.
• All other drugs are considered to be above the “Threshold” if they have the street value of $1,000 or more.

Methamphetamine Sentencing Enhancements:

Possession of Methamphetamine for Sale; Possession of Methamphetamine or Precursor Chemicals or Manufacturing Equipment; Manufacture of Methamphetamine; and Transportation of Methamphetamine for Sale, all contain the following enhancement:

• First Offense: 5 years Mandatory Minimum in Prison; 10 years presumptive; and 15 years maximum in Prison.
• Second Offense: 10 years Mandatory Minimum in Prison; 15 years presumptive; 20 years maximum in Prison.

BEWARE: No probation is available for these particular convictions.

Sentence Enhancements for Dangerous Drugs Above the Threshold (Other than Methamphetamine):

• Possession of Dangerous Drugs for Sale (Class 2 Felony) – First Offense: No Probation eligibility. Mandatory Prison Minimum 3 years; a presumptive term of 5 years; and a Maximum term of 12.5 years in Prison. 
• Administering Dangerous Drugs to Another (Class 2 Felony) – First Offense: No Probation eligibility. Mandatory Prison Minimum 3 years; a presumptive term of 5 years; and a Maximum term of 12.5 years in Prison.
• Transportation of Dangerous Drugs for Sale (Class 2 Felony) – First Offense: No Probation eligibility. Mandatory Prison Minimum 3 years; a presumptive term of 5 years; and a Maximum term of 12.5 years in Prison.

Narcotic Drug Offenses

The definition of “Narcotic Drugs” is contained in ARS 13-3401(20) and ARS 13-3401(21).  The most recognizable Drugs that are considered “Narcotic Drugs,” are Fentanyl, PCP, Opium Based Drugs, “Benzos,” “Ketos” and Oxycodone. 

Simple Possession of Narcotic Drugs – ARS 13-3408(A)(1)

Definition: In Arizona, per ARS 13-3408(A)(1), a person cannot Possess Narcotic Drugs that are illegal (such as PCP, and other drugs that are not “prescribed.”)  It is also illegal to Possess “illicit” drugs.  These are drugs that can be prescribed, but the person possessing them does not have a valid prescription.

A person convicted of simple Possession of Narcotic Drugs can be charged with Class 4 Felony.  However, a Judge may enter in a judgment of a Class 1 Misdemeanor in certain circumstances. 

Also, a Judge can allow a person to take TASC, in order to do a Drug Diversion program on a first offense, which will result in a Complete Dismissal of charges after classes are complete.  This normally takes anywhere from three to six months.

Possession of Narcotic Drugs for Sale – ARS 13-3408(A)(2)

Definition:  In Arizona, per ARS 13-3408(A)(2), a person cannot Possess Narcotic Drugs that are illegal or illicit, for the purpose of “Selling” those drugs.  If a person does so, they can be charged with a Class 2 Felony.

Possession of Narcotic Drugs, Chemicals, or Manufacturing Equipment – ARS 13-3408(A)(3)

In Arizona, per ARS 13-3408(A)(3), it is illegal for a person to Possess the Precursor Chemicals of Narcotic Drugs, or Equipment used to Manufacture Narcotic Drugs.  All Narcotic Precursor Chemicals, or Manufacturing Equipment, can be charged as a Class 3 Felony.

Manufacturing of Narcotic Drugs – ARS 13-3408(A)(4)

Definition:  In Arizona, per ARS 13-3408(A)(4), it is illegal to Manufacture Narcotic Drugs.  If a person does so, they can be charged with a Class 2 Felony.

Administering a Narcotic Drug to Another – ARS 13-3408(A)(5)

Definition: In Arizona, per ARS 13-3408(A)(5), it is illegal to Administer a Narcotic Drug to Another Person.  This can be charged as Class 2 Felony.  Also, if the amount of the Narcotic Drug is above a certain “Threshold,” then there can only be a Prison sentence imposed.

Obtaining a Narcotic Drug by Fraud – ARS 13-3408(A)(6)

Definition: In Arizona, per ARS 13-3408(A)(6), it is illegal to Obtain a Narcotic Drugs by a Method of Fraud.  This is normally accomplished using fake prescriptions.  If a person commits this crime they can be charged with a Class 3 Felony.

Transportation of Narcotic Drugs for Sale – ARS 13-3408(A)(7)

Definition:  In Arizona, per ARS 13-3408(A)(7), it is illegal to Transport Narcotic Drugs with the purpose of “Selling” them.  If this occurs, a person can be charged with a Class 2 Felony.  In addition, if the Narcotic Drug amount is above a certain weight or “Threshold,” then only Prison can be imposed.

Punishment For Narcotic Drug Offenses

• On a Standard Class 4 Felony, a person can be sentenced to Probation with a condition of Probation being 1 year in Jail, or the Judge can impose Prison of 1 year Mandatory Minimum; 2.5 years presumptive; and 3.75 years maximum in Prison.
• On a Standard Class 3 Felony, a Judge can impose Probation with Jail time up to 1 year.  Or the Judge can impose Prison time with a Mandatory Minimum of 2 years; a presumptive of 3.5 years; and a maximum of 8.75 years in Prison.
• On a Standard Class 2 Felony, a Judge can impose Probation, with a condition of up to 1 year in Jail, or the Judge can impose Prison with a Mandatory Minimum of 3 years; a presumptive of 5 years, and a maximum of 12.5 years in Prison.

Narcotic Drug “Threshold” Amounts 

Definition: Under Arizona law, if certain Narcotic Drug “Threshold” amounts are met, a person’s sentence can be enhanced.

• Heroin Threshold amount is 9 grams.
• Fentanyl Threshold amount is 9 grams.
• PCP Threshold amount is 4 grams.
• All other drugs are considered to be above the “Threshold” if they have the street value of $1,000 or more.

Sentence Enhancements for Narcotic Drugs Above the Threshold:

• Possession of Narcotic Drugs for Sale (Class 2 Felony) – First Offense: No Probation eligibility. Mandatory Prison Minimum 3 years; a presumptive term of 5 years; and a Maximum term of 12.5 years in Prison. 
• Administering Narcotic Drugs to Another (Class 2 Felony) – First Offense: No Probation eligibility. Mandatory Prison Minimum 3 years; a presumptive term of 5 years; and a Maximum term of 12.5 years in Prison.
• Transportation of Narcotic Drugs for Sale (Class 2 Felony) – First Offense: No Probation eligibility. Mandatory Prison Minimum 3 years; a presumptive term of 5 years; and a Maximum term of 12.5 years in Prison.

Prescription Drug Offenses

Possession of Prescription Drugs – ARS 13-3406(A)(1) 

Definition:  In Arizona, per ARS 13-3406(A)(1), it is illegal to Possess Prescription Drugs Without a Valid Prescription.  If this occurs, a person can be charged with a Class 1 Misdemeanor.

Administering a Prescription Drug to Another – RS 13-3406(A)(5)

Definition: In Arizona, per ARS 13-3406(A)(5), it is illegal to Administer a Prescription Drug to Another, if that person does not possess a Valid Prescription.  If this occurs, a person can be charged with a Class 1 misdemeanor.

Obtaining a Prescription Drug by Method of Fraud – ARS 13-3406(A)(6)

Definition: In Arizona, per ARS 13-3406(A)(6), it is illegal to Obtain a Prescription Drug by Method of Fraud.  This is normally done by using a fake or stolen prescription “pad,” or calling in a script and pretending to be from a doctor’s office.  If this occurs, a person can be charged with a Class 1 Misdemeanor.

Manufacture of a Misbranded Prescription Drug – ARS 13-3406(A)(9)

Definition: In Arizona, per ARS 13-3406(A)(9), it is illegal to Manufacture and Misbrand a Prescription Drug.  If a person commits this offense, they could be charged with a Class 4 Felony.

Transportation of Prescription Drug for Sale – ARS 13-3406(A)(7)

Definition: In Arizona, per ARS 13-3406(A)(7), it is illegal to Transport a Prescription Drug for the purpose of “Selling” it.  If this occurs, a person can be charged with a Class 6 Felony.

Prescription Drug Offense – Possible Punishment

• If a person is charged with a Class 1 Misdemeanor, they can face anywhere from zero days in Jail up to 6 months in Jail.
• Class 6 Felony.  A Judge can sentence a person to Probation with up to 1 year in Jail as a condition of Probation.  If the Judge sentences a person to Prison on a Class 6 Felony, the Mandatory Minimum term is 4 months in Prison; the presumptive term is 1 year; and the maximum term is 2 years in Prison.
• If a person is charged with a Class 4 Felony, a Judge can sentence that person to Probation with up to 1 year in Jail as a condition of Probation.  If the Judge sentences the person to Prison, the Mandatory Minimum term is 1 year; the presumptive term is 2.5 years; and the maximum term is 3.75 years in Prison.

Use Of A Wireless Communication Device In A Drug Transaction

Definition: Per ARS 13-3417, it is illegal to commit (or conspire to commit to engage in) a Drug Felony and use a Wireless Communication Device During the Transaction.  Per ARS 13-3001(14), the definition of what constitutes a “Wireless Communication Device” includes phones, computers, and anything utilizing a cable or a wire for communication purposes.  If a person is charged with this crime, they will be facing a Class 4 Felony, unless the underlying Drug Felony is only a Class 5 Felony or Class 6 Felony.  In that case, the ARS 13-3417 Wireless Communication charge will match the underlying Drug Felony’s level.

Possible Punishment For Using A Wireless Communication Device In A Drug Transaction

• Class 6 Felony: If granted Probation, the Judge can order up to 1 year in Jail as a condition of Probation.  If Prison is ordered, the Mandatory Minimum is 4 months in prison; the presumptive is 1 year; and the maximum is 2 years in Prison.
• Class 5 Felony: If the Judge orders Probation, the Judge can impose up to 1 year in Jail as a condition of the Probation.  If Prison is ordered, the Mandatory Minimum is 6 months in Prison; the presumptive is 1.5 years; and the maximum is 2.5 years in Prison.
• Class 4 Felony: If granted Probation, the Judge can order up to 1 year in Jail as a condition of Probation.  If Prison is ordered, the Mandatory Minimum is 1 year in Prison; the presumptive is 2.5 years; and the maximum is 3.75 years in Prison.

Collateral Consequences of a Drug Crime Conviction

If a Defendant is to receive a low-level Sentence, such as Probation with no Jail (or a small amount of Jail), there will still be devastating consequences, even after they are released.  These consequences can involve restrictive terms while on Probation, the loss of Professional Licenses, be prohibited from obtaining Professional Licenses, loss of Employment, Restrictions on where a person can live, and who they can have contact with.  Whether you have been charged with simple Drug Possession and Possession of Drug Paraphernalia, or the more serious allegation of Drug Trafficking Charges, you will need a highly-skilled Criminal Defense Lawyer and Arizona Drug Possession Attorney, such as the Drug Lawyers at DM Cantor, to help successfully defend you against these types of Drug Charges.

The 11 Best Drug Crime Defenses In Arizona, Arizona

1. False Allegations

Unfortunately, many people who are arrested for Drug Crimes who then become Informants for the Police, are not always honest.  What they will do is attempt to falsely accuse others, or set them up, in order to get out of their own troubles.  This happens a lot with roommates/housemates who are covering for themselves, or for a loved one.  We have also seen this occur in Custody Battles in which an ex-spouse will claim that they were required under the Mandatory Reporter Law (per ARS 13-3620) to turn in the child’s parent for using, producing, or having, Drugs in a household.  This naturally supports their position that they should then become the custodial parent.

2. Entrapment

Again, this can occur with Informants who are seeking to Entrap others in order to get out of their own legal troubles.  In order to be Entrapped, there must be an offer that would over-bear a reasonable person and entice them into committing a crime.  Although many people think of this as being offered $1 million by an Undercover Officer to Shoplift, it can also include purchasing a large amount of drugs for little or no money.  Online Undercover Officers who are running a “Sting Operation,” often utilize techniques that entice people to commit a crime that they normally would not have engaged in, but for the Undercover Officer’s large monetary incentive.

3. Lack of Reasonable Suspicion to Stop and Detain

With the advent with the “Vigilant” License Plate Reading System, many Officers are stopping vehicles without any Reasonable Suspicion that a crime has been committed.  For example, if the Vigilant system sees the same car license plate passing through multiple states, and back, it will alert law enforcement that this “could be” evidence of a “Drug Runner”.  We have been very successful at Suppressing Evidence and getting many cases Dismissed based on this Defense.

4. Lack of Probable Cause for Arrest

After a stop, many times Officers will bring in a Drug Dog, who will give an improper “hit” indicating that drugs are present.  We have actually been able to show on Axon Body Camera that the Officer will give a certain physical or audible command, which will cause the dog to start barking.  They then use this “hit” as an excuse to rip apart and search and entire vehicle while looking for Drugs.  Many times, this occurs based upon Racial Profiling.

5. Evidence Obtained by Illegal Search and Seizure

Although evidence can be obtained by a False Drug Dog “hit,” or through the Vigilant system, we often see many Defenses arise due to Flawed Search Warrants.  Whenever the Police execute a Search Warrant, they need to have filed a “Search Warrant Affidavit” with a Judge, laying out their “Probable Cause” for their Search.  If it turns out the Officer lied or exaggerated on the Search Warrant Affidavit, all evidence can be Suppressed.  In addition, Search Warrants much be executed during a certain date, and between certain time parameters.  Many times, these Warrants are executed outside of those parameters, and all evidence can be Suppressed.

6. Falsified or Planted Evidence

Many times we have seen cases where disgruntled ex-boyfriends/girlfriends, or ex-spouses, have “planted” evidence, and then called the Police in order to get their ex in trouble.  This happens quite a bit during Custody Battles.  Sometimes, it arises when a disgruntled co-worker wants to get a person fired from their job.  They simply plant the “evidence” inside of a drawer or backpack, and then notify their employer, who in turn notifies the Police.  On some rare occasions, we have come across cases where Officers have actually planted the evidence (usually a small baggie of drugs) in order to “fortify” their arrest.

7. Coerced Statements and Miranda Violations

The State of Arizona follows the “Voluntariness Standard” which dictates what evidence and statement are admissible in a Court of law.  Part of this requirement includes “Miranda Rights” being read to a Suspect before they are questioned.  Lastly, if a suspect is under the age of 18, they also have to be read their “Juvenile Miranda Rights,” which allows them to have a parent present during all questioning.  If any of these are violated, all evidence can be Suppressed.

Lastly, Officers are not allowed to make “threats or promises” in order to have somebody make a statement.  For example, “If you answer my questions, you will be going home tonight, if you do not, you’ll be spending the night in jail.”  That qualifies as a “promise” and a “threat,” and all statements will have been deemed to have been Coerced.  This is why it is important to have a Board-Certified Criminal Law Specialist review all of the evidence that may be contained on the “Axon” Body Camera, or inside the police station, nor to determine if evidence can be suppressed.

8. Coerced Face ID/Touch ID used in Order to Gain Access to Devices

Most Electronic Devices now contain a Touch ID or Face ID in order to open the device for use.  Many times after a person has been arrested, an Officer will hold up the phone to a person’s face, or grab their hand and force them to use their fingerprint in order to open up the device.  They will then scroll through the device in order to gather evidence to be used against the Suspect.  This is an Illegal Search and Seizure, and all of that evidenced can be Suppressed.

9. Flawed Chain of Custody

After Police have secured evidence, they have to follow a very specific set of rules and fill out a log in order to show “Chain of Custody.”  If there is a break in that Chain of Custody anywhere along the line, that evidence can potentially be Suppressed due to the possibility of Tampering.

10. Tainted Evidence

Tainted Evidence most commonly occurs during the “gathering phase”, or during the Crime Lab Analysis.  For example, if Officers were to grab evidence from multiple rooms in a multi-roommate household, and mix them together, it becomes impossible to tell which items were seized in which room.  This often results in everybody being charged who resides inside the household.  Also, during Crime Lab Analysis, if proper cleaning techniques are not used, or if gloves are not changed out in between each and every step of the Analysis, there can be “Drug Transfer” from one item to another.  This could result in a False Positive being attributed to a Defendant.

11. Police Report Bias, Exaggeration, and Outright Falsehood

Due to so many Police Reports containing exaggerations and falsehoods, many Police Departments have started using the “Axon Body Camera.”  Although this device is constantly recording, an Officer must tap the device in order to “save” that recording beginning 30 seconds prior to him tapping it.  Many times Officers will “forget” to tap the device until after evidence has been seized, and an arrest has occurred.

Many times we have been able to gather evidence from other Officers’ Axon Body-Cameras; the Police Station’s recording cameras; or other Witnesses, to show that the Officer’s Police Report is not accurate (or completely False).

Mitigation

It is imperative to start the process of “Mitigation” immediately upon defending a Drug Crime Charge.  This may result in convincing the Prosecutor’s Office to not file charges in the first place, Dismiss charges, or Reduce the type of Charge and Sentence should there ultimately be a Plea Agreement.  Important Mitigation Factors include both Statutory and Non-Statutory elements.

At DM Cantor we routinely prepare Mitigation Packages which can include Polygraphs, Counseling Records and Substance Abuse Treatment Records, Rehabilitation Records, School Records, and Neuropsychological Evaluations.  We also include a complete background of a person’s history (showing their good qualities), and any history of trauma. 

Finally, we will also prepare a “Proportionality Review/Sentencing Disparity Analysis” in order to show the Prosecutor prior Deviations to Lesser Sentences/or Dismissals which have occurred in other cases.  Click on the link below to see a detailed list of both Statutory and Non-Statutory Mitigating Factors.

What We Do When We Represent You for Drug Charges

DM Cantor always keeps its Core Purpose in mind when we represent a Drug Crime Defendant: “We are here to help people navigate through the toughest times of their lives.”  As we are defending you, we always keep three principles in mind: (1) Hard Work, (2) Have excellent Trial Skills, and (3) – and most importantly of the three – Have High Touch Client Service.  If you have not actually been charged, but there is an investigation or allegation pending, then you are in what is known as the “Pre-Indictment/Investigation Stage” of your case.

If this has occurred, it is important to have DM Cantor contact the Detectives (and the Prosecutor – if necessary) to keep you from being Charged.  We will begin an investigation utilizing the Lawyers who make up our Pre-Charge Team.  In addition, we might also employ Private Investigators who can assist us.  Lastly (with your consent only), we may attempt to do a “Cooperation Deal” with the Detectives, which can result in making you “invisible,” and Not Charged with any crimes.

If you have been Charged with a Drug Crime in any Arizona County Superior Court, then you will need to appear in Court with us by your side. However, after the first Court date, it’s possible for us to file a Motion which allow you to remain out of County/State.  If this is granted, you will need to maintain contact with DM Cantor, and you will have to sign an Affidavit each month acknowledging your awareness of the next upcoming Court date.

Beware:  It is always wise to seek out a different Law Firm if the one you have chosen assigns your serious Felony Drug Case to a single Associate who may have never conducted a Jury Trial regarding this type of allegation.  It is absolutely necessary to have at least 1 Board-Certified Criminal Law Specialist amongst the Legal Team of Drug Crime Defense Attorneys who are assigned to specifically handle your Felony Drug Charge. 

At DM Cantor, we always assign at least 1 Board-Certified Criminal Law Specialist and Partner to each and every Pre-Indictment Drug Crime Case that we handle.  Also, if you have been charged, DM Cantor will have a minimum of 1 Board-Certified Criminal Law Specialist assigned to the Team handling your case.

Click the link below for information regarding the Case Progression Stages you or a loved one will go through if they are facing a Drug Crime. The following information should answer 99% of your questions.

What Our Clients Say

 
 
 
 
 
 
 
  
 
 
  
DM Cantor is a very professional attorney office. I strongly recommend them. Before engaging with them, I have done a lot of researches and interviewed 6 attorney offices. The price may not be the lowest but they definitely delivered! You got what you paid for. Joshua Sene was assigned to us. He kept very clear communication. He was very patient explaining each step which made us very comfortable and having peach in mind. He took time answering many of my questions. He was able to get the case dismissed out right.
  
 
 
 
  
 
 
 Hugo 
 
July 23, 2023
 
 
 
  
 
 
  
DM Cantor is hands down the best law office I could have chosen. I don’t think I’d feel nearly as confident with my case if I was in anyone else’s care. They get to the point, they handle the job, and they know what they are talking about. I felt supported, heard, and overall good about what my options were. Everyone in their office is kind, professional, and understanding. If you find yourself needing a law team, this is the office to hire - they will be on your side through it all
  
 
 
 
  
 
 
 Callendra Schutze 
 
July 11, 2023
 
 
 
  
 
 
  
DM Cantor was an ally from start to finish! Put their card in your wallet now and keep it on hand in the event that you ever need an attorney. Complete professionalism, tact, facts and results. Let them do their job! They are the best situated to bring the outcome you seek.
  
 
 
 
  
 
 
 Lissa Victoria 
 
July 1, 2023
 
 
 
  
 
 
  
Jason Karpel and Joshua helped me with the defense on my original charge and then 4 years later helped me restore my rights and get my record set aside! I also have to credit Joey Hamby, he was able to help when Jason and Josh weren't available

They are very informative and badass attorneys and will give you the best possible defense! If you are on the fence about DM Cantor, this is your sign to choose them. They are worth the money.
  
 
 
 
  
 
 
 Nathan Jarvis 
 
June 11, 2023
 
 
 
  
 
 
  
Josh was assigned to my case, and I couldn’t have asked for a better attorney to help me through my DUI case. He was very thorough and diligent in digging into my case and finding all the faults in the case and building up the ammo needed to go at the prosecutor. He was very generous with his time and answering questions where as other attorneys would just blow off your line of questioning and shoot you down. He ran through the scenarios of my questions and provided me with the guidance needed to navigate my case. Even when we thought we would only get a certain type of plea deal, we said the hell with it and let’s throw the kitchen sink at them and go for broke which took me from a DUI to a wreckless driving deal with only a $770 fine. It could’ve been so much worse. I plan on never being in this situation again, but if I need it I would not hesitate to have Josh represent me again, and I would recommend him to anyone needing representation.
  
 
 
 
  
 
 
 Michael Brewer 
 
June 9, 2023
 
 
 
  
 
 
  
Mr. Jared Ahern was flawless in court and got the results I wanted. Words cannot express how grateful I am for his help. DM Cantor gave me a fighting chance and I will only be referring them from here on out.
  
 
 
 
  
 
 
 Peter Alvarez 
 
June 4, 2023
 
 
 
  
 
 
  
Very helpful & professional. You get what you pay for & I'm grateful for the outcome I received. As long as you follow their advice & put in your end of the work everything turns out favorable. Mr. Joey Hamby & Mr. Michael Alarid were very helpful & worked with me even though I worked in a remote location. The staff covered every angle as well, ensuring I was on the same page & even provided an additional attorney when my assigned two were unavailable. I would use them again should the need ever arise.
  
 
 
 
  
 
 
 F. K. 
 
March 28, 2023
 
 
 
  
 
 
  
Jason Karpel handled my case at the end of 2022 and was amazing! His whole team/staff were super professional, friendly and accommodating. Not to mention he is AMAZING at his job and got my case resolved and all charges dropped, pretty quickly too. He’s a really nice guy who knows his stuff and I’d recommend all my friends and family to him if they ever needed counsel. Thank you Jason and DM Cantor for all you do!
  
 
 
 
  
 
 
 Kevin Glenn 
 
March 9, 2023
 
 
 
  
 
 
 
 
   
 
 

Arizona Drug Crimes FAQS

Can DM Cantor handle my case if I live in another County or State and I am being accused in any Arizona County Superior Court?  

If you have not been charged and are merely facing a Drug Crime allegation in any Arizona County Superior Court, Arizona, then DM Cantor can handle your Pre-Charge Drug Crime Defense via telephone, Zoom, and email.  While our Lawyers and Private Investigators are conducting a Defense, you will not need to be physically present.  If we do need to arrange for any Polygraph tests, that can be done in the place where you live.

If you are ultimately charged in any Arizona County Superior Court, then you will need to appear with us at least to the first Court date.  After that, we can request that you be allowed to remain out of County, or out of State.  If the Judge grants this request, you will be required to maintain contact with us, and sign an Affidavit acknowledging your next Court Date (each time a new date is assigned).

Will I have to wear an Ankle Monitor?  

Certain crimes require a Defendant to wear an ankle monitor should they be released on Pre-Trial Services or on Bond.  Most drug cases do not require this burden.  If it is requested or assigned by the Initial Appearance Judge, we can file Motions with the Trial Court Judge to have that removed.

If I am convicted, or get my Charges Dismissed, can I have my Conviction Expunged or Arrest/Court Records Sealed?  

In the State of Arizona, there is no “Expungement,” but there is a procedure known as “Judgment of Guilt Set Aside”.  If a person is ultimately convicted, it is usually possible to get the Judgment of Guilt Set Aside and get their Civil Rights and Gun Rights Restored.  In addition, the charges are ultimately Dismissed, it is also possible to “Seal” the record of the Prosecution.  This will allow a person to say that they have never been arrested while filling out most job applications. Certain exceptions apply (such as military, government, or certain professional license applications).  If this situation applies to you, please talk to DM Cantor today.

Does any other law firm in Arizona have more Board-Certified Criminal Law Specialists, or Complete Jury Trial Acquittals, than DM Cantor?

DM Cantor is the only law firm in Arizona which has 3 Board-Certified Specialists, and we have the Most “Complete Jury Trial Acquittals” of any firm in Arizona history.  In fact, as of the beginning of 2024, DM Cantor had over 160 Complete Jury Trial Acquittals, and the next closest Lawyer or Law Firm only had 20.  If you look to the “Victories” section of the DM Cantor website, you will see a list of all our Jury Trial and Criminal Case Victories.

What To Do if Accused Of A Drug Crime In Arizona, Arizona

If you are accused of a Drug Crime in Arizona, Arizona, then you must immediately take certain precautions.  If you know who has accused you, do not speak with them, their relatives or supporters.  In addition, do not talk to family friends, significant others or spouses, as you may potentially turn them into witnesses.  Speak only to your Lawyers at DM Cantor.

Next, beware of what is known as a “Confrontation Call.”  This occurs quite often during Custody Battles.  This is where the soon-to-be ex will call you, record the conversation with a Detective present, and get you to try and make admissions to a crime.  This will greatly help their Custody Battle, and it will serve to “get you out of the picture.”  Remember – Anything you say can, and will, be used against you in a Court of Law.

If you’ve been accused, change all of your social media settings to “Private.”  In addition, if the person accusing you is known to you, make sure you do not post on social media.  Make sure you also unfollow their friends and family.  However, keep following your accuser in order to use the social media to your advantage in the Defense.  In fact, make a copy of all of your accusers’ social media as soon as possible.

Lastly, call DM Cantor immediately!  When we are on the phone with you, we try not to talk about specific facts over an open phone line.  Once we get you into our Office for a Free Initial Consultation, we will discuss all facts and specifics in the privacy of our Office.  During that meeting, you will meet with a minimum of 1 Partner or Board-Certified Criminal Law Specialist if your case involves a Serious Felony Drug Crime.

Work With A DM Cantor Arizona Drug Crime Lawyer Today

For a Free Consultation and free case evaluation with one of our Arizona Drug Crime Lawyers, call our  24 hour Arizona Drug Crime Attorney Attorney hotline  at  602-307-0808  , or click here for a free consultation on any criminal cases. Our aggressive Arizona Drug Crime Lawyers always offer free consultations for an initial visit.