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Set Aside Criminal Conviction in Arizona – How it Helps and Who Qualifies

Set Aside Criminal Conviction in Arizona – How it Helps and Who Qualifies

Arizonans who have criminal records may have to contend with many obstacles when they are looking for jobs or housing. While many states offer the ability to expunge criminal records, Arizona does not have an expungement statute. Instead, it has a different process that people might undergo to attain post-conviction relief from their prior convictions. This process is known as Restoration of Civil Rights and also to have Criminal Convictions Set Aside.

People who have felony convictions on their records are also unable to serve on juries or to own or possess firearms unless their civil rights have been set aside.

This article discusses the following topics below:

  1. Why consider filing a petition to set aside
  2. What does expungement and set aside mean?
  3. The process
  4. After the courts set aside a conviction
  5. Who does not qualify
  6. How long does the process take?
  7. Background checks
  8. How Attorneys can help

 


Why Consider Filing a Petitions to Set Aside a Conviction?

If you have a felony conviction on your record, it makes sense for you to file a petition to set it aside. People who have felony convictions may be unable to own weapons or to serve on juries. They may also fail to pass background checks for employment and for apartments. Some types of convictions may also make them ineligible for certain types of financial aid for higher education.

Setting your record aside may restore your civil rights. While you will have to disclose that you had a conviction, employers will not pay as much attention to it when a court has granted your petition and has set it aside. This might make it easier for you to secure employment and housing so that you can move forward with your life.

If you have a prior misdemeanor conviction, it may not make as much sense to ask for the court to set your misdemeanor aside. Most misdemeanor convictions will not cause you to lose your civil rights. Your attorney at DM Cantor can help you to decide whether it makes sense for you to file a petition to set your misdemeanor or felony conviction aside.

In a recent survey, ” SHRM found that while there is a willingness to hire people with criminal records, only 5 percent of managers and 3 percent of HR professionals said their company actively recruits people with criminal records.

Click to EnlargeDo companies hire employees with a criminal record?

 

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Miranda Rights – Your Right to Remain Silent

Miranda Rights – Your Right to Remain Silent

If you have ever watched law enforcement drama shows on television such as “Cops,” you have likely heard about the Miranda rights being read to someone. This common phrase starts with “you have the right to remain silent.” In these shows, the police officers routinely read people their rights when they take them into custody. You may be unfamiliar with why the Miranda warnings are read and what they are meant to protect. Here is what you need to know about your Miranda rights when you are stopped and questioned by the police in Arizona. Keep in mind, if facing charges, speaking with a defense attorney could mean the difference between freedom and incarceration.

This article discusses:

  • What are your Miranda Rights and How do they protect you?
  • When do they have to be read to you?
  • What if the Police didn’t read your Miranda Rights?
  • What is Self-Incrimination?
  • If you chose to remain silent, can it be used against you?

What Are Your Miranda Rights?

The Miranda rights are your constitutional rights under the Fifth and Sixth Amendments of the U.S. Constitution. A reading of these rights is known as a Miranda warning, and it comes from the U.S. Supreme Court’s landmark decision in Miranda v. Arizona, 384 U.S. 436 (1966). In the Mirandacase, police officers went to the home of Ernesto Miranda, who was suspected of stealing $8 from a bank worker. They asked him to go with them to the police station for questioning. While he was being questioned, he admitted to rape and kidnapping and signed a statement of admission. He was subsequently tried for the kidnapping and rape and was convicted. Miranda appealed his case through the Arizona and federal court systems, and the U.S. Supreme Court agreed to hear it.

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Charged with Possession of Another Person’s Prescription Drug

Charged with Possession of Another Person’s Prescription Drug

Drug possession charges often carry stiff penalties. Even being in possession of another person’s prescription drugs can result in felony charges. In Arizona, the penalty for drug possession depends on the type and amount of the drug found on a person as well as the individuals past criminal history. An experienced criminal defense attorney can mount several defenses to Below are some common charges that can result from being in possession of prescription drugs:

Potential charges relating to possession of a prescription-only drug in Arizona

Unlawful possession of a prescription-only drug

Individuals may be convicted of unlawful possession of a prescription-only drug when they knowingly possess prescription-only drugs belonging to another person, including friends and family members. In order to be convicted of unlawful drug possession, the state must prove both that the accused knowingly possessed the drug and that the accused knew that the drug was a prescription-only drug.

The penalties for possessing a prescription-only drug are relatively mild compared to other drug charges. Unlawfully possessing a prescription-only drug is a misdemeanor and carries with it a sentence up to six months in jail, potentially up to $4,575 in fines and penalties, and three years on probation.

Possession or use of a dangerous drug

Dangerous drugs” are defined as any narcotic other than marijuana and include certain prescription drugs, such as Oxycontin, Percocet, Vicodin and benzodiazapines. Although the elements of the crime are similar to the unlawful prescription-only drugs, possession or use of a dangerous drug carries with it a much more stringent penalty. The crime is a class 4 felony and is punishable by up to fifteen years in prison, depending on the defendant’s prior criminal history.

Judges have the authority to sentence defendants convicted of dangerous drug possession as a class 1 misdemeanor. Further, pursuant to Proposition 200, defendants who are first or second-time drug offenders can only be sentenced to probation, in a addition to drug treatment, community service and fines. Although defendants may be sentenced for short jail stays for up to 2 weeks for probation violations, the judge must reinstate probation upon completion of jail time.
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Penalties for Possession of Drugs for Sale in Arizona

Penalties for Possession of Drugs for Sale in Arizona

In the state of Arizona, if you are caught using or in possession of a drug such as meth (methamphetamines) or other narcotics, you can be charged with a class 4 felony. This includes drugs like hallucinogenic drugs, prescription medications, and amphetamines.

What is Dangerous Drug Possession in Arizona?

According to Arizona Revised Statute, ARS 13-3407 prohibits the use and possession of dangerous drugs. It also prohibits:

  • The sale of dangerous drugs.
  • The possession of any chemical and supplies that are used in the production of making drugs.
  • The manufacturing of dangerous drugs.
  • Giving the drugs to someone else, regardless of whether or not you made a profit off of it.
  • Getting dangerous drugs by misrepresentation, deceit, and fraud.
  • Transporting the drugs into Arizona or within the state.

What are the dangerous drugs outlined in this law? Well, they are broken down into several categories, and they are:

  • Any type of amphetamines, this includes meth.
  • Any type of hallucinogenic substance. For example, acid and mescaline.
  • Any type of drug that gives off a depressant effect on the central nervous system.
  • Any anabolic steroids. This includes the use of testosterone.

One important thing to remember in the state of Arizona is that if you have any drug, no matter what form it is in, it is illegal to possess unless you have a doctor’s written prescription. In certain ways the laws are worded, you could have a small ingredient of a particular drug that could make you responsible for having the drug in your possession. You could face punishment for it just like you would if you had the entire drug in front of you.

Here at DM Cantor, we see these types of felony drug charges frequently and can help you to get your drug charge dismissed, reduced, or another positive outcome. We have many years of experience in drug cases and can help you to beat your charges. If you have been charged with possession of drugs for sale or transporting drugs in Arizona, contact our office today so that we can help you.

 

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Arizona Laws for Legally Cultivating Marijuana

Arizona Laws for Legally Cultivating Marijuana

You might think that because Arizona and Colorado are neighbors, that Arizona might adopt the same laws as Colorado when it comes to marijuana. However, this is not the case. Arizona has some of the strictest laws in the country. In November of 2016, there was a measure that would have legalized marijuana. It was called Proposition 205. It failed by a narrow margin, and Arizona still has some of the strongest laws known in the United States.

Rules for Possession of Marijuana

The only way that you can legally grow marijuana in the State of Arizona is if you have a medical marijuana ID card. This must be given only by a licensed MD., DO, or N.D. in Arizona. When you have a medical card, this will allow you to possess 2.5 ounces of medical marijuana (the dried flower, mixtures or preparations, such as resin or hashish, made from 2.5 ounces of dried flowers) every 2 weeks, and you will be allowed to grow up to 12 plants as long as you do not live within 25 miles of a dispensary.

Arizona marijuana is also known as cannabis. It is labeled as a Schedule 1 controlled substance. This law also includes all the different forms of marijuana, including concentrates and edibles. If you are caught with any form of cannabis, you will face a felony charge under the ARS 13-3405. The charges for possession of marijuana will depend on how much you have, and what the specific charge is.

Medical Marijuana in Arizona

Proposition 203 was first defeated in 2002 but the Arizona Medical Marijuana Act eventually passed in 2010 by the voters in Arizona. If you want to use medical marijuana in Arizona, you will have to be registered with the Arizona Department of Health Services, and have a registry identification card. To qualify you must:

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Charged for DUI Drugs as a Medical Marijuana Card Holder in Arizona

Charged for DUI Drugs as a Medical Marijuana Card Holder in Arizona

Even though recreational possession and use of marijuana remains illegal in Arizona, it has been legalized in the neighboring states of California, Nevada, and Colorado. The possession and use of marijuana for medical purposes in Arizona is perfectly legal though for patients who qualify and are approved for it. What comes to issue for medical marijuana patients are Arizona’s impaired driving laws. It’s illegal to drive impaired in the state when under the influence of marijuana. A conviction is equivalent in seriousness as driving under the influence of alcohol.

Marijuana and Driving Under the Influence Laws

As per ARS 28-1381 (A)(3), a driver could be found guilty of DUI Drugs if he or she is determined to have been driving or was in actual physical control of a vehicle and was “impaired to the slightest degree” by any drug or its metabolite. That’s equivalent to a “zero tolerance” law. Under ARS section 13-3401, the definition of drugs includes marijuana. As per the Arizona Supreme Court, actual physical control is defined as having “current or imminent control” over the vehicle and presenting a “real danger” to yourself or the public. Current or imminent control over a motor vehicle is determined by a totality of the facts and circumstances surrounding a case.

Supreme Court of Arizona v. Hon. Harris (Shilgevorkyn) Case

On December 11, 2010, at about 10:30 p.m., Hrach Shilgevorkyn was stopped by the Maricopa County Sheriff’s Department for allegedly speeding and making an illegal lane change. Police believed that Shilgevorkyan might have been impaired, and he was asked to perform a series of field sobriety tests. After performing the tests, Shilgevorkyan said that he had smoked “weed” the night before. He was not using it for medical purposes. He was asked to submit to blood tests which he voluntarily submitted to shortly after midnight. It was determined that carboxy-tetrahydrocannabinol (carboxy-THC) was in his blood sample. Our criminal defense attorney from DM Cantor represented Shilgevorkyan against these dui charges. What the case turned on was whether Carboxy-THC was an impairing metabolite. In a four to one decision, the Arizona Supreme Court determined that it was not. Here is a summary of the court’s decision and rationale. It focused on the interpretation of section 28-1381(A)(3).

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What is Reasonable Suspicion to Search My Car?

What is Reasonable Suspicion to Search My Car?

If a police officer has pulled you over and searched your car, you may have had questions about what your rights are and what the police are allowed to do.

  • What do police officers need to pull me over?
  • Can they search my car even if I haven’t committed a crime?
  • What do I need to know to protect myself?

While the specific answers depend on the situation, there are four critical things that you need to know about reasonable suspicion and what rules the police must follow.

Watch this short video from David Cantor about “No Reasonable Suspicion to Stop

1. What is Reasonable Suspicion to Search?

The only standard that a police officer needs to meet to pull your car over—which is also known as an investigatory stop—is reasonable suspicion, but what does that mean? Reasonable suspicion in its most basic sense says that “an officer has reasonable suspicion to believe that a crime has been committed.” While this standard may seem simple, reasonable suspicious contains other rules that must also be met.

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What to do if You Are Arrested for a Felony in Arizona

What to do if You Are Arrested for a Felony in Arizona

If you have been arrested in Arizona for a felony charge, it is vital that you understand your rights. A felony conviction can have significant consequences and may result in revocation of certain rights. Rights such as the right to vote and to possess a firearm. Because of this, you should be mindful of your rights and should contact an Arizona defense attorney as soon as possible.

What are some of Your Rights after you are Arrested for a Felony?

After you are placed under arrest for a felony offense, you have certain constitutional rights that are intended to protect your interests. These rights include the following:

The right to remain silent

  • The right to remain silent: After you are arrested, you are under no obligation to speak with law enforcement about the event. Police officers are often well-trained in interrogation tactics and will seek to obtain information that could be used against you in court. The prosecution frequently relies upon admissions made by defendants or inferences that can be drawn from statements that are made. To protect yourself and to limit disclosure of information, you should exercise your right to remain silent, at least until such time that you have legal representation present.

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