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Arizona Criminal Law

When Does Possession of Marijuana Become Intent to Sell?

Possession of Marijuana Intent to Sell

Conviction of possession of marijuana or intent to sell charges lead to serious punishment in Arizona. Under state law, “marijuana” refers to any or all parts of the cannabis plant from which the resin has not been extracted. The plant may be growing, dead, or just in the form of unsterilized seeds capable of germination. Police and prosecutors work closely together to ensure as many convictions as possible are delivered on cases of possession or sale of these plants, with felony convictions resulting in jail time, prison, expensive fines and other penalties.


When Marijuana Possession Becomes Intent to Sell

Arizona Revised Statute, ARS 13-3405 states, “A person shall not knowingly possess or use marijuana” or “possess marijuana for sale.” But what makes possession of marijuana “intent to sell?” The statute defines possession of marijuana for sale as meeting three standards beyond a reasonable doubt:

  • You knowingly possessed marijuana
  • The substance is confirmed as marijuana
  • The possession is for the purpose of sale

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Common Consequences of a DUI or DWI

Consequences of a DUI or DWI

Most states have taken a strong stance against drunk/intoxicated driving in the past two decades, and the enhanced penalties mean that a conviction for driving under the influence can create both short and long-term problems after the fact. Even a first conviction for DUI can result in automatic jail time and a license suspension, as well as significant fines and expenses related to court ordered drivers education. In addition, the conviction record generally stays on the defendant’s criminal history for up to 10 years in many states, and any subsequent arrests and convictions will lead to even harsher penalties. This is especially true when there are aggravating circumstances. When all things are considered, it can be vital to retain an experienced and aggressive criminal defense attorney to represent your case even in an apparently simple case because evidence can often be contested. (more…)


What Are the Differences Between Jail and Prison in Arizona?

Jail vs Prison in Arizona

Many people use the terms “jail” and “prison” synonymously. But these two types of facilities have some distinct differences, as much as they have much in common.

When you are facing charges that may lead to prison time, or when you are put in jail for an offense, having the right lawyer on your side can mean the difference between staying locked up or gaining your freedom. At this critical time, you need an experienced criminal lawyer, such as the attorneys at the DM Cantor in Phoenix, Arizona.


Jails of Arizona

Jails are managed by local jurisdictions, cities and counties. These facilities are where people are held for the short term, usually while awaiting a hearing, sentencing, bail to be paid or other court process. When someone is suspected of committing a crime, he or she will be held in a jail as a detainee. Some occupants of city and county jails have been convicted of their crimes and serve a short sentence in the jail instead of being sent to a prison. (more…)


Charged with DUI in Arizona with Suspended License

Arrested for DUI in Arizona

Driving under the influence of drugs or alcohol while your license is revoked, canceled, suspended or refused in the state of Arizona is considered an Aggravated DUI charge, as specified in Arizona Revised Statutes, ARS 28-1383(A)(1). There are a multitude of reasons why an individual’s license may have been revoked or suspended, including the below:

  • Driving under the influence (DUI) – ARS 28-1381
  • Extreme and super extreme DUI – ARS 28-1382
  • DUI involving serious injury or death – ARS 28-1385
  • Other reasons, as enough points are incurred against the driver’s license

If you are caught driving with a suspended license while under the influence, it is very important that you immediately contact an attorney who knows Arizona law and can help you defend yourself in court. These are serious issues with serious penalties for which you will need the help of a good criminal defense lawyer. (more…)


What are the Types of Arizona Felony Classes

Types of Arizona Felony Classes

Felony Class Types in Arizona

There are six levels of felony classes in Arizona. Each class has its own guidelines for punishment if convicted. When looking at sentencing, the law presumes that everyone will start at the presumptive sentence however, this sentence can be increased or decreased if mitigating or aggravating factors are found by the Judge or jury. The following sentencing ranges apply to a person with no prior felony convictions.

  • Class 1 – The only crime that falls under a Class 1 felony is murder. Murder charges are divided into two categories: First or Second Degree. First degree murder is punishable by the death penalty or by life in prison without parole. Second degree murder requires a minimum prison sentence of 10 years up to a maximum sentence of 25 years.
  • Class 2 – A Class 2 felony allows for a minimum sentence in the Department of Corrections of three years. This can be increased to up to 12.5 years for aggravated. Probation, with up to one year in jail, is also available.
  • Class 3 – Class 3 felonies allows for a minimum of two years in prison with an aggravated sentence of up to 8.75 years. Probation is also available.
  • Class 4– If sentenced to prison on a Class 4 felony, you face anywhere between 1 to 3.75 years. Again, probation is available.
  • Class 5 – A Class 5 felony provides for a minimum of six months in prison however, can be increased to up to 2.5 years. Probation is available.
  • Class 6 – Although a Class 6 felony, an example could be a DUI in Phoenix, also allows for a probation sentence, if sentenced to prison the range allows for anywhere between .33 – 2 years.

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Civil Forfeiture Cases and Defenses

Civil forfeiture, also called civil seizure, or civil judicial forfeiture, is a controversial legal process in the United States in which law enforcement officers take assets from people suspected of being involved in a crime or some sort of illegal activity. The problem with forfeiture cases is that the person suspected of being involved with a crime or illegal activity will not be necessarily charged with a crime or wrongdoing.

Civil forfeiture is a controversial legal process. Sometimes, the law enforcement officers will simply threaten to seize property, or anything of value, such as gold, cash, real estate, a boat or a house. The actual act of seizure itself also falls under forfeiture if the officers suspect that it was being used in a crime. Those in favor of civil forfeiture see it as a powerful tool to thwart criminal activities and organizations. However, critics argue that the act itself leads to corruption and misbehavior by the law enforcement. There is an ongoing debate as to whether the overall benefits of forfeiture outweigh the drawbacks. (more…)


Pre-charge Investigation Stage Cases

‘Pre-charge’, also called the ‘Investigation Stage’ of a criminal case is the stage when someone is under observation for a criminal offense, but no formal action has been taken. When someone is involved in such a situation, it can have a significant negative impact on different areas of their life. This initial state precedes any formal charges. Usually, a person is considered to be involved in a pre-charge stage when they have been arrested by the law enforcement and have been questioned, but later released without facing any charges. This means that the person stands in imminent danger of getting arrested anytime if police find any evidence against them.

Even if the person has not been convicted, the arrest itself may be recorded and documented, which can have a negative impact on their personal life. Their story may make it to the newspaper headline, or it may be put up on any of the news reporting websites. The individual is stuck in the pre-charge stage after being arrested, until they are actually charged with the crime. Anyone who has been arrested in connection to a crime but was later released without charges, is advised to consult a qualified criminal defense attorney. (more…)


Arizona Wrongful Death Lawyer – What is a Lawsuit against Wrongful Death

Wrongful Death Lawsuits

While we do not want to believe it was ever our loved one’s time to go, a wrongful death case implies there was negligence or intentional harm that resulted in the death of a family member. In a wrongful death lawsuit, a representative of the estate of the deceased, or a statutory beneficiary files a civil lawsuit against the defendant, claiming that as a result of their negligence, they wrongfully killed a loved one, or in some cases, the defendant caused intentional harm that resulted in death. As David Cantor from Cantor Injury Lawyers, a highly experienced Phoenix car accident attorney and wrongful death attorney mentions, one unfortunate example of a wrongful death could be the result of a motor vehicle accident.

Understanding if your loved one suffered a wrongful death can be a confusing and complicated process. Because of the complexity of the issue,  each Arizona wrongful death lawyer at Cantor Injury Lawyers can explain what constitutes a wrongful death case and make things a little easier.

When do Wrongful Death Lawsuits Happen?
The most common wrongful death lawsuits come in the form of medical malpractice lawsuits or accident fatalities. It is important to remember that a wrongful death lawsuit is a civil matter, not a criminal one.

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