Attorney Scott Campbell

Criminal Defense Attorney

Rise In the Bicycle Accident News

Rise In the Bicycle Accident News. Today’s guest blog is by Pacific Attorney group PLC. The opinions expressed by the author in this and all guest blogs are not necessarily those of Attorney Scott Campbell.

Rise In the Bicycle Accident News

Over the past decade, the use of bicycles has increased by 55%. Bicycling was considered as a leisure ride in summer vacations or the activity associated with the exercise. Now for many people, it has become a primary mode of transportation in the suburbs and cities across the country. The increase in cycle rides has also marked an increase in the bicycle accident involving serious injuries of bike vs. motor vehicle and bike vs. pedestrian crashes.

Bicycle Accidents Statistics

Bicyclist face inevitably higher-risk of crash deaths in the congested urban environments compared to the motor vehicle drivers. Discussing the facts, in the United States out of all trips 1% are reportedly taken by the bicycle. The bicycle fact sheet that the National Highway Traffic Safety Administration (NHTSA) created tells that nearly 50,000 people every year get injured in the accident that involves the bikes and vehicles and 13,000 of them are children. On average, 700 bicyclists are killed and an estimated 500,000 bicyclists visit the emergency due to injuries. Another accident news report that 33% of the bicycle collision with auto vehicles results in serious deaths or injury.

Rise In the Bicycle Accident News

Majority of the crashes occur because of careless and poor actions such as when the motorist failed to yield. The term “crash’ is the better one as it doesn’t eliminate the accountability for what happened. Unfortunately, in the bike vs. car crash, the object into which the bicyclist ‘crashes’ is either the unforgiving pavement or 3500 lb. car. The consequences of the crash can be disastrous and often life-altering. The bicycle accident news in California is also common to hear.

The risk of injury always exists when the person is competing in the sport or learning. However, the cyclists experience a different challenge because many of the risks come from the sources external to the act of cycling or their own act. In addition, these risks also come from the roadways and surrounding conditions as well as the traveling vehicles around the cyclist.

Innovations to Bring Improvement In Cyclist’s Safety

Many innovations are designed every year to bring improvements in the cyclist’s ability to intermingle with the urban environment. The two devices which can help are:

Rise In the Bicycle Accident News

  1. Zackees: These are the gloves used when riding which include the glowing turn signals and are designed to get motorists’ attention towards the intent of the cyclists’ to take the turn.
  2. Morpher Helmet: This bicycle helmet is collapsible which when not using can fold flat. Wearing a safety helmet is the best safety measure a bicyclist can take while riding.

Bicycle Accident Coverage Issues

The injuries from bicycle-vs-vehicle can be extremely traumatic, range from wrist and hand injuries to broken ribs and collar bones, and even severe brain injuries. The answer to “who pays for the bicycle injuries?” can be difficult. In some states, generally, the bicyclists in the bike-car crash will turn their car insurance to pay for the accident-related damages and medical bills. Whereas in other states or in different circumstances, the cyclist needs to turn their homeowners/renters insurance or health insurance for coverage. The best rule of thumb is to proactively talk to California accident lawyer about improving the coverage, first try to focus on actual coverages instead of the price of the policy.

The Most Common Types of Juvenile Crimes in the US

The Most Common Types of Juvenile Crimes in the US

The Most Common Types of Juvenile Crimes in the US. Today’s guest blog is by  Personal Injury Attorney Louisville Kentucky. The opinions expressed by the author in this and all guest blogs are not necessarily those of Attorney Scott Campbell. When young people commit crimes they are often termed as juvenile crimes. A few such crimes are the same as adults’ criminals commit whereas few are relevant to their age as well as other factors. Young people who face the criminal charges of juvenile offenses can contact a criminal defense attorney in order to learn about and protect their rights.

The Most Common Types of Juvenile Crimes in the US

The most common types of these crimes are the following:

Assault:

Assault is one of the common types of juvenile crimes. Teens being emotionally charged get into fights more often, in case such fights occur at school, the can be referred to a resource officer. Purse snatching, bullies, or physical and emotional violence and abuse come under the assault category.

Larceny:

Larceny is also known as stealing. This is the most common type of juvenile crimes. Most of the young people steal from stores or other people. The criminals of this type target inexpensive and easily disposable items. Moreover, such crimes can also go unreported and unnoticed. Consequently, when the crime goes unnoticed and there is no consequence of the crime occurred, the criminal can increase the value of the stolen item.

The Most Common Types of Juvenile Crimes in the US

Illegal Purchases:

Getting involved in some risky behavior, or taking part in some dangerous activities is a common activity amongst young people. Teens often get into illegal purchases such as alcohol or cigarettes. These teens further try- to convince older people to purchase such items from them. They also use fake identification in order to make sales of these items purchased illegally.

In certain situations, they can get involved with drugs and even arrested for possessing such items. Unfortunately, many young people fall prey to gangs who use these young people to distribute drugs in different locations.

Violent Crimes:

Teens are more likely to get into violence. They can easily become the target of abuse and most often lash out. They can get addicted to drugs and alcohol and commit violent crimes such as robbery or assault. These violent crimes also include getting involved in battles with gangs and drug dealers. Adolescents can also possess and use firearms or weapons and kill others.

In addition to it, aggravated assault is also common crimes when they cause serious harms to others during such attacks or fights.

The Most Common Types of Juvenile Crimes in the US

Sexual Crimes:

In many of the juvenile criminal cases, sexual crimes are also common. The child may have been sexually abused and consequently may act sexually with others. Their lack of judgment and wisdom leads them to get involved in sext pornography, which can be prosecuted as possession of child pornography. Apart from it, sexual assault, rape, prostitution or sex trafficking are also very common and punishable crimes.

Status Offenses:

Some of the juvenile crimes depend upon the teen’s age and laws relevant to them. For instance, they can violate curfew laws if they stay out late at night. They can also face incorrigibility charges if they refuse to listen to their parents. Most of the juvenile arrests are due to misconduct, simple assault, drug abuse, curfew violation or theft.

The Most Common Types of Juvenile Crimes in the US

Consideration of Juvenile Crimes:

Under criminal law, most of the juvenile crimes are considered as misdemeanor offenses, but some cases are also related to felony offenses. The juvenile crimes are treated differently as compared to adult crimes. The main purpose of the juvenile justice system is to rehabilitate the offender. These offenders are subject to alternative penalties such as educational courses, rehabilitation courses, community services etc.

Author Bio:

Personal Injury Attorney Louisville Kentucky have successfully handled thousands of cases as well as across the United States, in both state and federal courts. We will tenaciously fight for you from start to finish and do everything we can to help you reach the most favorable outcome possible.

Los Angeles Car Accident Lawyers

Los Angeles Car Accident Lawyers – Today’s guest blog is by Pacific Attorney Group PLC. The opinions expressed by the author in this and all guest blogs are not necessarily those of Attorney Scott Campbell.

Los Angeles Car Accident Lawyers

If you need an attorney, you need one that works for a firm, which has recovered $100 million in accident claims. Mark Shayani and accident attorneys have over 70 years of practical experience offering others sound legal advice. We are willing to throw our knowledge behind you as we work together getting you your rightful compensation. We offer you an injury attorney who will take care of your needs. Relief from injuries comes in the form of monetary compensation or damages. Injury lawsuits can be settled out of court, often before a verdict is reached. The first step to getting into an accident claim begins with getting a police report after you have suffered an injury.

Los Angeles Car Accident Lawyers

In order to make a personal injury claim, you need an attorney who can take care of your claim. During a claim, you have to collect evidence that can pinpoint who caused the accident. You have to document everything that has happened to you after you have had the accident. An accident lawyer can tell you what you can do about your medical bills; hospital visits, and lost wages from not being at work. Your lawyer will make it clear that you have to act quickly filing a claim. Other parties could claim that you filed the suit too late.

The statutes of limitations are laws that refer to how long you have to file a claim. If this time period has passed, you cannot file a suit. Each state has a different statue of limitations section. The statute is between 30 days and 1 year depending on what state you live in. Have a lawyer review your claim first at no charge, so that you can see if you want to pursue the charges.

Los Angeles Car Accident Lawyers

There are many ways to get injured, such as being prescribed a medication that injures you. You might have a right be compensated financially for many different types of injuries, some from car accidents. Car accidents and truck accidents happen for numerous reasons such as distracted driving or texting while driving. Sometimes an accident can happen from automobile design problems. Insurance companies mean to make a profit, not to help you file a claim. Compensation includes paying the medical bills, lost wages, lost future earnings, as well as your current pain. Truckers get injured because they refuse to pull over and sleep.

Motorcycle driving injuries can lead to serious health problems and Pacific Attorney Group wants you to know that recovery is always a win-win situation for us. 12,000 motorcycle accidents occur in California, causing 429 fatalities. You need a police report to begin the process of filing a claim, an attorney has to hear everything so that a claim can be filed. Police reports contain identifying information of witnesses. We will work to get you the financial compensation that you deserve. Compensation can be obtained for the cost of future medical treatment, as well as bill payments for current medical treatment that you need.

Los Angeles Car Accident Lawyers

The 10th Amendment Lives

The 10th Amendment Lives – On May 14, the Supreme Court of the United States (SCOTUS) handed down a decision that most believe authorized sports betting. The decision did not authorize sports betting but allows the States to change their laws prohibiting sports betting.

The 10th Amendment Lives

The 10th Amendment Lives

From a layman’s point of view, it really is that simple. From a Constitutional point of view, the decision is the first affirmation of the 10th Amendment in over a generation.
The 10th Amendment, ratified with the remainder of the Bill of Rights in 1789, states: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
The 10th Amendment was insisted upon during the ratification process of adopting the Constitution by the Anti-Federalists to emphasize the limited nature of the powers delegated to the federal government. Like the 3rd Amendment (prohibiting the non- consensual quartering of troops except during war), the 7th Amendment (right to jury trial in any civil dispute over twenty dollars), and the 9th Amendment (not denying rights not enumerated), the 10th Amendment has seldom been referenced in SCOTUS opinions.

The 10th Amendment Lives

A quick search of a case law database shows SCOTUS last referenced the 10th Amendment in 1949, almost 70 years ago. For Constitutional wonks, that case affirmed that the District of Columbia was not a “State” for Federal diversity jurisdiction, and Congress could not designate it one because that power was not enumerated in the Constitution.
In the recent sports gambling decision, the 10th Amendment was applied differently. To understand the Constitutional issue, we have to look at the history of the statute in question, The Professional and Amateur Sports Protection Act (PAPSA or “the Act”). The Act, passed in 1992 and effective January 1, 1993, prohibited a State from changing its law prohibiting sports gambling unless it did so within one year. The law did not outlaw sports gambling, it simply purported to prohibit a State legislature from changing a State law prohibiting sports betting.
This is where PAPSA came up against the 10th Amendment. The Congress did not prohibit or regulate sports gambling, it regulated State legislatures power to change laws vis-à-vis sports gambling. As Justice Alito stated in the recent decision, the “anti-commandeering doctrine” prohibits the Congress from issuing orders to the governments of the States simply because that is not an enumerated power in the Constitution.

The 10th Amendment Lives

SCOTUS, in its opinion, affirmed the 10th Amendment’s power to prohibit Congress from either requiring or prohibiting a State from passing or repealing a State law. New Jersey (the plaintiff through its Governor) can now modify its State law prohibiting sports gambling and regulate it as it sees fit. Thanks to SCOTUS re-discovering the 10th Amendment.

Sentencing in Criminal Cases

Sentencing in Criminal Cases. I was recently challenged by a retired city judge to justify my opinion that some defendants accused of identical crimes should receive different sentences.  I do believe this is because of different theories of punishment, as I will detail.

Sentencing in Criminal Cases

Sentencing in Criminal Cases

The Deterrent Theory

Under this theory, the punishment is determined by the crime.  This is “cookie-cutter” justice; every offense is associated with a certain penalty.  The purpose is to deter others from committing the crime by demonstrating what the punishment will be.  This theory is behind mandatory minimum sentencing laws, laws that don’t work as demonstrated by out burgeoning prisons filled with people serving mandatory sentences.

The Retribution Theory

Here, a sentence is dictated, influenced, or imposed based on the victim’s desire for revenge.  While we don’t literally do this, many states have laws dictating that a victim be consulted before any plea bargain and be allowed to address the Court before a judge decides on a sentence.

The Punishment/Rehabilitation Theory

Under this theory, a judge imposes a sentence meant to punish as well as allow for rehabilitation of the offender, paying less attention to the crime and the victim.

It was in a discussion of this third theory that the retired judge challenged me.  The judge asked if two defendants, charged with the same offense, should receive the same sentence.  I said, of course, depending on the situation.  This judge was almost incredulous at this idea.

The example I used, falling on deaf ears, was a husband accused of a domestic violence offense against a wife.  I gave the opinion that any fine imposed should consider the impact on the family, especially the victim and any children.  I continued that mandatory counseling should be imposed.  Some people can absorb a fine with some or little impact on their finances, but other, less well-off people cannot and the financial shortfall would affect the victim and children more than the offender.

I am happy this judge is retired, but it is a shame so many are like-minded.  If we have cookie-cutter justice, why bother with the charade so often called sentencing?

Sentencing in Criminal Cases

Punitive Damages in Personal Injury Lawsuits

Punitive Damages in Personal Injury Lawsuits – Today’s Guest Blog is by The Law Firm of Percey Martinez.

A person who files a personal injury lawsuit might learn that they will be entitled to receive two types of compensations: specific and general damages. What most people might not be aware of is that they can also receive a damage known as “punitive damages”, often referred to as “exemplary damages”. What are punitive damages? Punitive damages are damages that a defendant might be ordered to pay as a result of their attempt to hurt someone or their reckless acts.

Punitive Damages in Personal Injury Lawsuits

Punitive Damages in Personal Injury Lawsuits

This is a damage that the court decides whether they want the defendant to pay it or not. If the court establishes that the defendant must pay punitive damages, the plaintiff will be entitled to obtain some or possibly all of the amount that the court orders the defendant to pay. The way that punitive damage differs from specific and general damages is the reason behind the compensation. With punitive damages, they are not mandated in order to pay back the victim for the injuries caused, they are ordered to serve as a form of punishment towards the defendant’s reckless actions.

Additionally, the court might order punitive damages if they believe that the amount the victim will be receiving is not fair for the number of damages that they sustained. As mentioned above, punitive damages were created to punish the defendant, but also to deter other people and the defendant from committing the same reckless actions again. For example, drunk driving. When a victim is injured by another driver who was driving under the influence, the victim will not only be entitled to receive specific and general damages, but they will be entitled to receive punitive damages because the actions of the driver were reckless. The drunk driver knew that driving while intoxicated could lead to another person’s injuries, but they still went ahead and drove that way. With the case mentioned above, the court will most likely require the drunk driver to pay punitive damages to deter them from ever driving drunk again.

Punitive Damages in Personal Injury Lawsuits

Cases Where Punitive Damage Can be Awarded

Punitive damages are not available for every personal injury case. Listed below are several different cases where punitive damages may be awarded:

  • Intentional torts like rape, assault, DUI
  • Product Liability like poorly manufactured products
  • Premises Liability

Punitive damages rarely ever amount to anything in the million dollar range. The average pay for punitive damages falls under $50,000.

Helping Victims Receive the Compensation That They Deserve Including Punitive Damages

If a person was reckless or intentionally hurt another person, the victim can possibly be awarded for punitive damages along with the actual damages they will receive. Everyone needs to be held liable for their actions and ordering a defendant to pay punitive damages is a great start in deterring them from ever committing the same action again. The personal injury legal counsels within Percy Martinez’s law firm always fight to obtain as much money as possible for their clients. They want to see justice served.

Punitive Damages in Personal Injury Lawsuits

Financial Exploitation in Nursing Homes

Financial Exploitation in Nursing Homes – Today’s guest blog is by the Law Firm of Percey Martinez

When a person hears the word “abuse” they just think about physical harm or emotional abuse, but there is another form of abuse that happens in nursing homes which is known as financial abuse. It is hard to tell that financial abuse is going on in a nursing home because it is not always apparent. Regardless of it being difficult to tell, there are certainly some signs that can indicate that financial abuse is taking place.

Financial Exploitation in Nursing Homes

Financial Exploitation in Nursing Homes

An elderly person might be frail and unable to stand up for themselves and so the nursing home or nursing staff take advantage of them. They might threaten them and instill fear so that they do not report it to their loved ones. Financial abuse can lead to emotional trauma as well. With the constant manipulation and threats, an elderly person most probably will suffer emotionally. The Miami abuse litigators do not allow these nursing homes to take advantage of their residents. They want to put a stop to this injustice and work on making these facilities liable for their actions.

Financial exploitation goes unreported the majority of the time. In fact, it is the form of abuse that goes the most unreported in Nursing Homes. Concern has been growing for the elderly population with the many forms of abuse that they have been subjected to. Below will be listed some signs of financial exploitation that can spark a loved one to take action.

Financial Exploitation in Nursing Homes

 

Signs of Financial Abuse

The fact that financial abuse can be hard to identify can be the reason why is does not get reported. An elderly person might not even know they are being exploited. The family of the elderly have to protect their loved one and recognize the signs of financial abuse. Some signs include:

  • Medication that goes missing
  • Belongings that disappear
  • Missing credit cards, money, checks
  • Missing documents
  • Altered will
  • Forged checks
  • Resident starts to hide stuff
  • Sudden invoices
  • Unpaid bills
  • More

A loved one should be diligent in reporting any of these signs to the nursing home’s administration or authorities. Once the concern has been addressed, the loved one should keep every document because proof that the loved one took action will be vital for establishing a future case if nothing gets done.

Financial Abuse Lawyers in Miami Helping Victims

Financial Exploitation in Nursing Homes

Abuse can be seen in many forms. Although financial abuse is not the same as physical abuse, it can still lead to it, just like emotional abuse can too. No harm should be done to these fragile and innocent people. An elderly person has their chances of dying increase after they have been abused. Seeking legal help is another option that the family member has. If financial abuse is taking place, perhaps other forms of abuse are taking place. The Miami abuse lawyers thoroughly investigate every inch of the case to determine what else is going on, if anything. Percy Martinez and his team want to make a difference for these victims and make the responsible party pay for their actions.

Be Scared. Be Very Scared

Be Scared. Be Very Scared. To non-lawyers, this blog post may be a little “inside baseball,” but it exemplifies an attempt to punish clearly criminal behavior by casting too wide a net.

Be Scared. Be Very Scared

Be Scared. Be Very Scared

The issue is Arizona Statute 13-1410 that states: “A person commits molestation of a child by intentionally or knowingly engaging in or causing a person to engage in sexual contact, except sexual contact with the female breast, with a child who is under fifteen years of age.”  Sexual contact is defined as “any direct or indirect touching, fondling or manipulating of any part of the genitals, anus or female breast by any part of the body or by any object or causing a person to engage in such contact.”

This seems clear enough, but statutes are supposed to specifically say what is illegal while not criminalizing completely innocent behavior.  This one does not do that.

If you can envision completely innocent behavior that a statute prohibits, there is a problem.  Read the law, it would criminalize a parent who changes a baby’s diaper and wipes them clean.  The parent would be “intentionally…directly touching or manipulating…genitals or anus…of a child under fifteen years of age.”  But, you say, that is silly.  The law doesn’t intend to make every parent a sex criminal.  No, it doesn’t, but the way it doesn’t is the problem.

The law includes an out.  13-1407 says “It is a defense to a prosecution…that the defendant was not motivated by a sexual interest.”  Easy enough, you say, all I have to do is explain that “I was just changing a diaper; I was certainly not motivated by a sexual interest.”

This, however, turns our law on its head.  The law allows a prosecutor to charge you and bring you to trial, then makes you prove you are innocent.  That is wrong.  It should be the prosecutor’s burden, in every case, to prove you are guilty.  This law does not make the prosecutor prove you had a sexual interest, it makes you prove that you did not.  It is often impossible to prove a negative, as this law requires a person to do.

What do the Courts say, you ask.  Well, the Arizona Supreme Court says this is perfectly fine.  The said “We…will not assume that the state will improperly prosecute persons who, though perhaps technically violating the terms of the broad statutes…clearly engaged in reasonable, acceptable, and commonly permitted activities.”[1]  But, what if you believe you were clearly reasonable, acceptable, and doing something commonly permitted, but a rogue prosecutor (maybe someone who dislikes you or a group you are in, or a religious zealot) disagrees?  This scares me.  Now, instead of the prosecutor having to prove you did something prohibited by the law, you have to prove you didn’t.

Let me be clear.  Child molestation is abhorrent.  But our laws have to clearly say what is prohibited, not allow a prosecutor to decide on his own then make us go through the time, effort, and considerable expense to prove what we did was ok.

Be Scared. Be Very Scared

[1] Arizona v. Holle, CR-15-0348-PR (2016)

A Whiff, But Not a Breath of Fresh Air

A Whiff, But Not a Breath of Fresh Air. For years, the government has been touting their success in taking drug dealer’s assets, thus advancing their war on drugs.  What they have consistently denied is what is, in war, euphemistically called “collateral damage.”  The government shows many millions of dollars alongside great quantities of drugs and proudly proclaims that they got the drugs and the profits.  What they don’t tell is the rest of the story.

A Whiff, But Not a Breath of Fresh Air

A Whiff, But Not a Breath of Fresh Air

What they don’t show is innocent people who accumulate cash in savings or a cash-intensive business who are stopped by police and have to prove their money was legally acquired.  The government will seize the money, then call an “expert” police witness to say the way the money was packaged or carried was indicative of drug proceeds.  However, I have seen these “experts” say money carried in a roll, folded in half, carried in bundles of round amounts, put in plastic, put in paper bags, or just not carried the way most people carry pocket money (a few dollars in a wallet) in indicative of drug money.  In other words, any way you carry money is indicative of drug money.

A Judge, who has presided over countless drug trials, then finds “by a preponderance of the evidence” (51%), that the money was drug money and the government seizes it.  Often, maybe more often, the amount is just a few thousand dollars and the victim of the seizure doesn’t want to pay an attorney more that is at stake to try to recover it.

A Whiff, But Not a Breath of Fresh Air

Put another way, imagine you have a nice watch…one that cost a couple thousand dollars.  A police officer says drug dealers have nice watches and takes it from you.  An attorney would cost more than the value of the watch, so you don’t hire one.  An “expert” police officer then testifies that drug dealers wear nice watches, so the Judge says the government can have your watch…even though you were never charged with a crime.

The Arizona legislature, in an uncommon change in the law of forfeiture, has given us a whiff of fresh air.  Now, the Judge has to find by “clear and convincing evidence” that the money was illegally obtained.  In addition, if the person whose money was taken “substantially prevails” at the hearing, the State has to pay his attorney fees.  Finally, the Attorney General has to approve a city or county spending any forfeited funds, meaning they have to be spent only on what they are legally allowed to be spent on…with oversight.

Hear the police howling?  I can.  But, it is just a whiff of fresh air.  A true breath would be to release any money taken where no criminal conviction ensued, without the need for lawyers, hearings, and “expert” police testimony.  That would be a true breath of fresh air.

A Whiff, But Not a Breath of Fresh Air

Arizona Drug Crimes

Arizona Drug Crimes – What are the punishments? Today’s guest blog is by Powers Law, P.C in West Islip, NY.

Punishments for drug crimes in Arizona can vary, depending on a number of factors, namely the illegal substance in possession, the amount of said substance, the person’s previous criminal record, more specifically their record of drug-related crimes.

Arizona Drug Crimes

Arizona Drug Crimes

Those convicted of drug crimes in Arizona can be penalized heavily with jail time, probation and fines which can reach up to $150,000 for drug charges for individuals and $1,000,000 for drug charges for enterprises.

Illegal substances and their classifications

Possession charges carry different punishments depending on the drug that the person is being charged with possessing.

Possession of marijuana can be charged as a misdemeanor, but it is most often charged as a class 6 Felony offense. A class 6 Felony offense is punishable by up to 2 years in prison.

Possession of narcotic drugs is considered a class 4 Felony offense in Phoenix. There are many different drugs that may be classified as a narcotic drug in Arizona, including cocaine, crack, heroin and prescription drugs. A class 4 Felony offense is punishable by up to 3.75 years in prison.

Possession of dangerous drugs is also classified as a class 4 Felony offense. Dangerous Drugs include a variety of different drugs such as Methamphetamine, PCP, Ecstasy, Mushrooms, and LSD. A class 4 felony is punishable by up to 3.75 years in prison.

Arizona Drug Crimes

Charges for single offenses

For a possession for personal use charge, the court generally gives probation to first-time offenders. Completing a drug treatment or education program is one of the probation conditions, and the court requires defendants to bear the cost of the program to the extent that they are financially capable of doing so. Probation is also common for second-time offenders, but the court may make incarceration a condition of probation. Various other circumstances affect whether the court imposes incarceration for these offenses or not.

The more serious offenses of distribution, transportation, etc., are class 2 felonies with maximum sentences of several years in prison if they involve narcotics, a listed “dangerous drug,” or more than 2 pounds of marijuana. Methamphetamine is singled out for an even higher maximum penalty.

Charges for multiple offenses

Most drug charges in Arizona involve multiple offenses. This means that the defendant is accused of several illegal acts based on the same event. For example, possession of a drug combined with possession of drug paraphernalia, or both transportation for sale and the actual sale. For multiple offense cases, Arizona provides a comprehensive scheme based on whether it is the first, second, or third and higher offense, and whether the quantity of drugs exceeds the statutory threshold amount.

The penalties cover a broad range even for the same offense. For example, a class 2 felony that is a second offense involves a quantity below the threshold amount, and the presence of other mitigating factors draws a 3-year sentence. If the class 2 felony is a third-time or higher offense, involves drug quantities above the threshold amount, and other aggravating factors, then it draws a 15-year sentence.

Arizona Drug Crimes

Author Bio:

Competent attorneys at Powers Law, P.C provide strong representation for family law, commercial litigation, and real estate cases.