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Arizona Criminal Law

Arizona Drug Possession Lawyer and the Legal Classification System for Methamphetamines

If you need a drug possession lawyer in Arizona for a methamphetamine legal complication, it’s a good idea to understand some sentencing statistics and ethics. You should also be aware of the different forms and effects different varieties of street meth have. It’s the specific type methamphetamine in question that can lead to someone seeking the services of a drug possession lawyer to wind up with a much stiffer penalty than they actually deserved.

A look at the Statistics
The US Sentencing Commission reported more than 72,000 guideline offenses in 2006. About a third of those involved drug trafficking, and meth was the primary substance in more than 5,000 cases. It can safely be said that methamphetamine was also a factor in over 1,300 cases involving multiple types of drugs. Do the math, and you’ll find that methamphetamine were the subject of least 21% of all drug trafficking offenses, and 8% all guideline cases in 2006.  Methamphetamine users often find themselves in need of a drug possession lawyer in Arizona.

How does Methamphetamine affect the User?
Methamphetamine is a synthetic controlled substance, a white, odorless, crystalline powder primarily consumed by snorting, smoking or injected intravenously. It goes by the names of crank, speed, chicken feed, crystal, glass ice, and strawberry quick. It’s a highly addictive substance that affects the central nervous system. It affects the neurotransmission release of dopamine, and also prevents the reuptake of excessive dopamine. Combined with a string of adverse psychological and physical effects, meth deforms and kills brain cells. Besides the related issues that could involve a drug possession lawyer, methamphetamine poses serious risks to your health.

Federal Sentencing Guidelines
Ask any drug possession lawyer. When it comes to methamphetamines, the prosecutor need only prove the existence of methamphetamine. She doesn’t need to prove what type was used. However, the type of methamphetamine can have drastic effects on the sentencing imposed. Federal guidelines classify methamphetamines into 3 types: ice, which has 80% purity; actual methamphetamine, which refers to the weight of the meth itself, contained in the mixture or substance or methamphetamine, which is a substance that contains methamphetamines.

The government bears the burden of proving what type of methamphetamine was found on a client of a drug possession lawyer. It must be more than just a descriptive effort, but a quantified, lab-performed test that justifies the stiffer penalties of higher classified substances.

Type Ratios
What does it mean when the government imposes sentencing according to type? If meth is determined to be ice, the entire weight of the meth and remaining substances are used to determine the offense level, therefore punishing at a 10 to 1 rate in relation to a simple mixture containing methamphetamine. If the meth is treated simply as part of the mixture, it’s the entire weight that is used to classify the severity of the offense.

A drug possession lawyer can advise you on your rights when it comes to the determination of what type you were caught with. Though the categorization falls on seemingly minute factors, the type of meth found will have a very significant impact on your sentencing. The classification process may provide legal leverage of your attorney can argue that the sentencing overwhelms the nature of the offense.

About the Author
David Michael Cantor is an AV rated (the highest possible rating) lawyer and a Certified Criminal Law Specialist per the Arizona Board of Legal Specialization. For more information about an Arizona drug possession lawyer, call our offices at (602) 307-0808 to schedule a free consultation with a drug defense lawyer.


Arizona Drug Attorney: Wanted for Chocolate Possession? The Real Deal on False Positives

It’s a strange world where even those caught possessing chocolate can wind up needing the services of a drug attorney in Arizona. Yes, this has actually happened. Recently, Ron Obadia and his partner Nadine Artemis, who owned an organic products business, found themselves arrested, handcuffed, and interrogated for hours at a Toronto Airport by officials who suspected they had smuggled hashish inside their organic chocolate. A brick size sample of organic chocolate tested positive with THC for the most widely used color reagent test. Suddenly, the business owners were consulting with a drug attorney, all over a brick of chocolate!

Granted, the chocolate did resemble hashish. While that might make for creative package advertising, it is not against the law. The business owners were locked in separate rooms, and their one year old baby was taken away from them. Each person was told they faced life in prison and that the other confessed. Both individuals adamantly denied the chocolate contained nothing but chocolaty goodness and no marijuana. Eventually, the couple was released and had their child returned to them. As they explained, they were not the type of people to have a drug attorney on speed dial, and it was just chocolate.

Still eager to market organic chocolate in New York, the couple tried 3 weeks later to again enter the United States, this time by car near Buffalo. Knowing they were already suspected drug smugglers, they hired an immigration lawyer (rather than a drug attorney) to drive ahead of them to let US Immigrations and Customs Enforcement know they were entering the country on legitimate business interests.

Agents were waiting with drug dogs, which seemed to like the couple’s tea tree oil, an organic plant product from Australia. The oil tested “positive” for THC. Knowing that the couple had already been suspected of smuggling “hashish” chocolate, officials assumed the body product was hashish oil. Again, they had more chocolate on them that also tested “positive.”

Subsequent tests found that none of the products contained marijuana. Yes, the couple protested, this was good chocolate, but not “good” in the illegal way. Nevertheless, the couple found themselves facing $20,000 in drug attorney legal fees, all over chocolate and body products.

What in the world?
Many argue that the widely marketed field test kits are next to worthless. Worse, even when they are properly used, they can cause irreparable harm to innocent individuals. These people face a damaged reputation as well as expensive drug attorney fees just because they get caught with items as harmless as chocolate, laundry soap or even perfume.

According to recent reports, there are thousands of products, ranging from food to beauty to household items, falsely test positive for the drug test kits used by many police forces. This opens up a Pandora’s Box of legal questions and issues that is sure to eventually find its way before the Supreme Court.

The likelihood of false positives seriously compromises America’s legal ethic of “innocent until proven guilty.” Using today’s field tests, many innocent Americans are found guilty of chocolate and beauty products, losing careers, racking up drug attorney in Arizona fees, all because the police didn’t take the time to make sure they had it right.

About the Author
David Michael Cantor is an AV rated (the highest possible rating) lawyer and a Certified Criminal Law Specialist per the Arizona Board of Legal Specialization. For more information about an Arizona drug attorney, visit our site.


Clients of an Arizona Drug Crimes Lawyer Can Benefit from Drug Rehabilitation Counseling

The client of a drug crimes lawyer in Arizona might well be able to benefit from the Bureau of Prisons Residential Drug Abuse program. While those who underwent treatment originally received no reduced sentencing as a result, the 1994 Violent Crime Control and Law Enforcement Act, among other provisions, allowed the court to provide an up to 1 year sentence reduction for the clients of a drug crime lawyer who completed the now 500 hour drug and alcohol program.

The law also required the BOP to provide treatment to all inmates who were eligible. A provision in 1995 required the client of a drug crimes lawyer to provide documentation of a drug abuse problem to be eligible.

Program’s high demand causes time pressure
Due to the ability to lose 12 months of a sentence, as well as spend 6 months in a half-way house, the program was understandably in high demand. In evaluating eligibility, a clinical interpretation of a drug abuse problem must be made by the BOP. The diagnosis must be made in conjunction with the American Psychiatric Associates Diagnostic and Statistic Manual. This leaves open the possibility that the BOP fails to make a diagnosis, even if substance abuse history has been a part of the past of the client of a drug crimes lawyer in Arizona.

The clinical interview for evaluating eligibility for the program is ordinarily conducted no less than 24 months prior to release. This time is highly significant. Why? The high demand for the program means classes are only available every 2 to 3 months. Even with a court recommendation, there is a possibility that a client of a drug crimes lawyer may spend the last 24 months of their sentence in a facility that doesn’t service such a program. (more…)


A Child Pornography Lawyer Can Help with Legal Issues and Treatment Plans

If you need the services of a child pornography lawyer, you must first understand that you are not alone, nor are you hopelessly untreatable, explains Arizona criminal lawyer, David M Cantor. Though society stigmatizes sex crimes, not everyone accused of them is the child snatcher in the van. A child pornography lawyer often works with clients who are otherwise successful family men, who often due to life stresses and circumstances, chooses a socially deviant outlet for their stress. The good news is that these people are very treatable and can go back to living healthy, functional lives with the help of a sexual therapy program.

The last decade has seen an escalated media focus on the problems of Internet child exploitation and online sexual predators, creating a public fear and anger towards sexual offenders. This attitude has created a “lock them up and throw away the key” attitude towards those who need the services of a child pornography lawyer, even for those accused of noncontact crimes.

Yet there are many varying ranges of those who would need the services of a child pornography lawyer. Although “snatch and grab” offenders make up the smallest percentage of all perpetrators (less than 3 to 5 %), these are often what people picture when they think of child pornography. Lawyer offices most often deal with more run of the mill offenders, including those who haven’t even hurt or offended anyone such as the case of someone accused of possessing child pornography.

Importance of a Psychosexual Evaluation
When you need the services of a child pornography lawyer, it’s important to be able to present yourself to the court as a treatable case. By undergoing a psychosexual evaluation, you can better present yourself to the judge, prosecution and probation staffers to receive an appropriate sentence disposition. Talk it over with your child pornography lawyer.

It is critical that you be as open and honest as you can with the psychosexual evaluation. You must provide full support and transparency, full documentation about all current and past reported concerns, and interviews with family members. Honesty and cooperation are being gauged as part of the process.

The clients of a child pornography lawyer
Those accused of child molestation or other sex crimes come from all walks of lifestyles. The most common is the regressed or situational child sex offender. These types of offenders pose the best hope for treatment. They come from all races, cultures and social classes. Often, his offending is a poor attempt to cope with social stresses, relationship conflicts or losses.

About 10 to 15% of those who need the services of a child pornography lawyer are the fixated or dedicated type. These offenders are sexually oriented to children. These sort of offenders seek the company of children not only out of sexual interest, but because they socially feel more comfortable among children. This type can be treated through hormone treatments and other sexual treatments that can reduce sexual desire.

Treatment possibilities
Despite the social stigma attached, sexual offenders are not the monsters they are made out to be in the media. Often, these are otherwise normal individuals who can be successfully treated through therapy. If you seek the services of a child pornography lawyer, don’t focus purely on the legal issue. Seek treatment so you can put this whole thing behind you and get back on track to a healthy life again.


County Attorney Says TV Tainting Viewers, Jurors on Forensic Evidence

Maricopa County Attorney Andrew Thomas is tired of forensic television shows tainting jurors and creating unrealistic demands for forensic evidence.

Thomas wants shows like CSI: Crime Scene Investigation on CBS and Law and Order on NBC to flash disclaimers, saying defendants are not automatically innocent if there is a lack of physical or forensic evidence.

“These shows are affecting jury preconceptions that are taken into jury deliberations,” Thomas said.

A survey of 102 prosecutors found 38 percent believe they’ve had at least one acquittal or hung jury when forensic evidence was unavailable to corroborate testimony. Prosecutors call it the “CSI Effect.”

But defense attorney David Michael Cantor said prosecutors always tell jurors that scientific evidence doesn’t lie.

“Now, they don’t want a lack of it to be perceived as reasonable doubt.”


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