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Category Archives: 82B Possession/Paraphernalia Reduced

State v. Ms. H (DMC No. 13022) – Felony Money Laundering ($162,622), Felony Possession of Marijuana and Felony Possession of Drug Paraphernalia – Reduced to Solicitation and Possession of Drug Paraphernalia, both Class 6 Open/Misdemeanors with Probation and Zero Days in Jail – Yavapai County Superior Court (Case No. CR2015-00506).

Ms. H was riding as a passenger in her husband’s truck along the I-40 when they were observed by a Yavapai County Sheriff’s Deputy. The deputy stated that the truck’s temporary license plate was flopping up and down, and that several items that were on the dashboard and the windshield of the truck were causing an obstructed view. Based upon this very questionable observation, the officer stopped Ms. H and her husband. When stopped, Ms. H’s husband stated that he borrowed the truck from a friend. The officer then claimed he smelled an odor of marijuana.

Ms. H’s husband said they were traveling from Kansas to Las Vegas, and when asked about the marijuana, he said he had an eighth of an ounce and a medical marijuana card. It was then discovered that he had an extraditable felony warrant out of Maricopa County for Possession of Marijuana and he was placed under arrest. The officer then began to question Ms. H and search the vehicle.

Discovered inside the vehicle, was three jars filled with marijuana that totaled 3.3 ounces. In addition, there was a purse which contained $75,000 in cash; a backpack which contained $86,000 in cash; and Ms. H’s purse which contained $37,000 in cash. This totaled $162,000. Ms. H and her husband were placed under arrest, and their 5-year old and 10-month old children were turned over to DCS workers

During questioning, Ms. H’s husband said that he was the one selling marijuana, and that his wife had no knowledge. Ms. H admitted to knowing there was marijuana in the bag and that she knew she had $37,000 in her purse. We were able to argue that the stop was a pretext stop (most likely as a result of a confidential informant), and that due to the fact English was a second language, her interrogation could have been misconstrued, plus the fact that her husband had stated that she had no knowledge. Because of all of this, we were able to secure a plea to 1 Count of Facilitation to Commit Money Laundering and 1 Count of Possession of Drug Paraphernalia, both as Class 6 Open/Misdemeanors. This included Probation with zero days in jail. Also included was an agreement to forfeit the $162,000 and the 2012 Chevy Silverado which they were driving at the time. Originally Ms. H was facing well over a decade in prison if convicted of all charges and sentenced to the maximum, instead she successfully completed probation and only has a misdemeanor on her record.

State v. Mr. W (DMC No. 13884) – Felony Money Laundering ($14,000), Felony Transportation of Marijuana For Sale and Felony Possession of Drug Paraphernalia – Reduced to Facilitation Class 6 Open/Misdemeanor with Probation and 2 Days in Jail – Navajo County Superior Court (Case No. CR2015-00846).

A Sergeant with the Navajo County Sheriff’s Office claimed that he was on the side of the road doing paperwork when he saw a car drive by with beads and a triangular air freshener hanging from the rearview mirror. He claimed that it was obstructing the driver’s view, so he then followed and pulled over the driver and the two passengers. The Sheriff’s Sergeant claimed that he smelled marijuana, and then did a search, and found a backpack containing three jars of marijuana and a glass pipe. When the three co-defendants were questioned, they all began blaming each other. Eventually, a deal was struck where one of the co-defendants told the Sergeant that Mr. W was also driving a different car that contained marijuana and a large amount of cash. That co-defendant was then released from custody.

When Mr. W was driving down the road, another officer received a radio call asking to stop a car matching Mr. W’s description. Mr. W was stopped, he was not Mirandized, and a search took place of his vehicle. A container with green residue of marijuana was contained in his backpack, along with $14,000 in cash. Mr. W had a medical marijuana card from California and the amount of marijuana found was well within the legal amounts authorized by the AMMA. Once we became involved in the case, we were able to show the Prosecutor that the stop was very questionable. After interviewing the arresting Officer, he could not even remember whether he saw any driving violations or why he was instructed to stop Mr. W. Because of the threat to file a Motion to Suppress All Evidence, the Prosecutor agreed to instead offer a Facilitation plea to a Class 6 Open/Misdemeanor Distribution with only two days in jail. Mr. W was even allowed to do the jail time in the state of Kansas (where he was from). Although he was initially facing a potential of 10 years or more in prison if convicted of all counts and sentenced to consecutive terms, he ended up ultimately completing probation and having only a misdemeanor on his record.

RICO/ILLEGAL CONTROL of an ENTERPRISE, CONSPIRACY, POSSESSION of NARCOTIC DRUGS for SALE, 5 COUNTS of POSSESSION of DANGEROUS DRUGS, POSSESSION of PRESCRIPTION DRUGS for SALE, POSSESSION of DRUG PARAPHERNALIA and 7 COUNTS of POSSESSION of PRESCRIPTION DRUGS: ALL REDUCED to 1 COUNT of ILLEGAL CONTROL of an ENTERPRISE and 1 COUNT of FORGERY with PROBATION and 9 MONTHS in JAIL. – State vs. Ms. M (DMC No. 9788) (Maricopa County Superior Court CR 2010-006048): Ms. M. became addicted to the prescription drug Oxycodone and Methamphetamine. She became involved with a ring of people who would forge prescriptions and secure drugs from various Pharmacies around the valley. They would then sell these drugs throughout the Phoenix area for a profit. After one of the individuals was arrested, a search warrant was issued and executed on Ms. M’s house. Various drugs and blank prescription pads were found, and then Ms. M. was arrested. She was ultimately charged with 17 counts of criminal activity. We were able to have Ms. M. enrolled in Counseling for her drug addiction, along with Rehab. We then secured an offer from the Prosecution in which they would not allege Ms. M’s prior Felony convictions. She was ultimately given Probation with a 9 month Jail term that included “2 for 1 eligibility”. She ultimately only had to serve 4.5 months in Jail.

 

 

RICO/ILLEGAL CONTROL of an ENTERPRISE; MONEY LAUNDERING, CONSPIRACY, MISCONDUCT INVOLVING WEAPONS, USE of an ELECTRONIC COMMUNICATION DEVICE in a DRUG TRANSACTION, POSSESSION of MARIJUANA for SALE and POSSESSION of DRUG PARAPHERNALIA: ALL REDUCED to MISDEMEANOR HINDERING a PROSECUTION and MISDEMEANOR USE of a WIRE DEVICE to HINDER PROSECUTION with PROBATION and 8 DAYS in JAIL – State v. Ms. N (DMC No. 8333) (Maricopa County Superior Court CR 2007-007124): Ms. A. lived in a house that was occupied at various times by 7 other co-defendants. She owned the house, and inside of this house there was a large amount of Marijuana and guns. Police obtained a warrant in which they Wire Tapped all of the co-defendants, and then showed up with a physical search warrant. The Police recorded some co-defendants asking Ms. N to “lie to the Police” about who actually was using the residence. Ultimately, a 24 Count Indictment was issued by a Grand Jury Indicting all 7 co-defendants. We were able to demonstrate to the Prosecution that Ms. N. was the least culpable of all of the co-defendants. We eventually secured an offer 2 Misdemeanors which included Probation and 4 weekends of Jail. Originally, Ms. N. had been facing the prospect of over 10 years in Prison.

 

REDUCED | POSSESSION of DANGEROUS DRUGS FOR SALE (Ecstasy)/POSSESSION of MARIJUANA FOR SALE and POSSESION OF DANGEROUS DRUGS REDUCED to POSSESSION of MARIJUANA class 6 open/Misdemeanor with PROBATION and ZERO DAYS in JAIL – State v. Mr. D. (DMC No. 8792) (La Paz County Superior Court CR2008-00415): Mr. D. was pulled over on the I-10 at approximately Mile Post 32 in Quartzsite, Arizona.  He was accused of travelling 87 in a 75 mph zone.  The officer claimed he could smell a strong odor of marijuana, and he had everybody removed from the car and searched it.  He located 99 pills of ecstasy along with 40 grams of marijuana.  Because there was no consent to the search, and there was no search warrant obtained, we were able to convince the Prosecutor to drop the serious Drugs for Sale charges in exchange for a simple Possession of Marijuana charge which became a Misdemeanor at conclusion of probation.  Originally, Mr. D. was facing over 10 years in prison.

REDUCED | POSSESSION of DANGEROUS DRUGS (Methamphetamine) REDUCED to POSSESSION of DRUG PARAPHERNALIA/POSSESSION OF MARIJUANA class 6 open/misdemeanor with PROBATION and ZERO DAYS in JAIL – State v. Mr. S. (DMC No. 10042) (Yuma County Superior Court S1400CR2010-00990): Mr. S and his wife were returning from California when they went through a Border Patrol check point in Yuma, Arizona. A Border Patrol K9 gave an “alert” to Mr. S’s car, and the car was subsequently searched. Marijuana and Methamphetamine were found inside of the vehicle and Mr. S was arrested. Because Mr. S was a combat veteran suffering PTSD, we were able to negotiate a deal with the Prosecutor to reduce the charges to a class 6 open/misdemeanor with zero days in jail. At the conclusion of probation, the charge was designated a misdemeanor and Mr. S has no conviction on his record.

REDUCED | CULTIVATION of MARIJUANA, MISCONDUCT INVOLVING WEAPON and POSSESSION of DRUG PARAPHERNALIA REDUCED to ATTEMPT class 6 open/misdemeanor with PROBATION and ZERO DAYS in JAIL – State v. Mr. B. (DMC No. 8763) (Maricopa County Superior Court CR2009-111214): Mr. B. and his two roommates were the victim of a burglary and armed robbery when police were called to investigate.  During a “welfare check” the police found a bedroom in the house which was a “grow room”, which included numerous marijuana plants.  Mr. B. was subsequently charged with Production of Marijuana, Misconduct Involving a Weapon and Possession of Drug Paraphernalia.  We argued that the “welfare check” was really a pretext to conduct a search, and that Mr. B.’s Miranda rights were violated.  We were able to secure an offer to an “Attempt” that eventually became a misdemeanor with zero days in jail.  Originally Mr. B. was facing years in prison.

 

REDUCED | POSSESSION of MARIJUANA for SALE, USE of a WIRE in DRUG TRANSACTION and POSSESSION of DRUG PARAPHERNALIA REDUCED to FACILITATION/SOLICITATION class 6 open/misdemeanor with 4 MONTHS PROBATION and ZERO DAYS in JAIL – State v. Mr. A. (DMC No. 11048) (Maricopa County Superior Court CR2011-163521): Mr. A. and his roommate were being surveilled by undercover police officers for allegedly selling marijuana.  Eventually, a raid on the apartment occurred and marijuana and drug paraphernalia were found throughout the apartment.  Mr. A. was also charged with using a cell phone in drug sales.  Were able to convince the Prosecutor to reduce his charges down to a simple Facilitation and Solicitation with a class 6 “open”, which was designated as a misdemeanor immediately at sentencing.

REDUCED | POSSESSION of DANGEROUS DRUGS REDUCED to class 6 open/Misdemeanor POSSESSION of DRUG PARAPHERNALIA (after a TASC “fail out”) – State v. Mr. V. (DMC No. 10214) (Maricopa County Superior Court CR2011-135003): Mr. V. had been in an argument with his wife and police were called. When they searched Mr. V. they found a small bag of cocaine on his possession. He was arrested and charged with a felony “Possession of Narcotic Drugs”. We successfully had him entered into the TASC program for a diversion dismissal. He failed out of that program, which normally would mean he would have to plea to the class 4 felony on the Possession of Dangerous Drugs. We were successful in negotiating the charge down to simple “Possession of Drug Paraphernalia”, which allowed him to earn a misdemeanor at the conclusion of probation. No jail time was involved.

REDUCED | POSSESSION of MARIJUANA (with 2 prior felonies) REDUCED to class 6 open/misdemeanor with PROBATION and ZERO DAYS in JAIL – State v. Mr. S. (DMC No. 6642) (Gila County Superior Court CR2006-0322): Mr. S. was pulled over in a vehicle with several passengers, when the officer noticed a strong odor of marijuana.  Mr. S. was asked about drugs, and he admitted to having marijuana on his possession.  He also had a prior felony conviction in which he had served 2 ½ years in prison. The client asked specifically to speak with his attorney, but the police did not immediately comply.  Due to this potential “denial of right to counsel issue”, we were able to reduce the case to a class 6 open “possession of drug paraphernalia” with probation and zero days in jail.  Upon completion of probation, the case was designated a misdemeanor.  Originally Mr. S. was facing a minimum of 4.5 years in prison.

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