Drug & Substance Crimes Defense

An arrest for drug possession, an allegation of selling drugs, or a search that uncovers controlled substances can lead to serious criminal charges. For non-citizens, a drug conviction may also threaten immigration status. We provide drug crime defense in Phoenix, Arizona, challenging the prosecution's evidence and protecting your rights throughout the criminal proceedings. 

At Rafael Tirado & Associates, we develop defense strategies based on the facts of each case, including potential immigration consequences when relevant. Our bilingual team provides representation in English and Spanish. Hablamos español. Contact us to discuss your charges and how we can represent you. 

Phoenix Drug Possession Defense

We defend clients accused of possessing controlled substances by examining whether the prosecution can establish knowing possession and connect the drugs to the accused person. 

Finding drugs in a vehicle, residence, or shared space does not automatically establish that everyone present knowingly possessed them. We investigate who had access to the location, whether others may have controlled the substances, and what evidence connects you to the alleged offense. 

Under A.R.S. §§ 13-3407 and 13-3408, simple possession of dangerous or narcotic drugs is generally a Class 4 felony. Depending on the offense and your circumstances, Arizona's Proposition 200 may allow probation and treatment instead of incarceration. We evaluate your eligibility and available defenses before recommending a course of action. 

When Drug Charges Threaten Your Immigration Status

Our criminal defense representation considers immigration consequences when drug charges threaten your ability to remain in the United States. 

Certain controlled substance convictions can create grounds for deportation or inadmissibility under federal immigration law. Even a plea agreement that appears favorable in criminal court may have serious immigration consequences. 

Federal law provides a narrow deportation exception for a single offense involving possession of 30 grams or less of marijuana for personal use. This exception does not automatically resolve inadmissibility issues, which may require a separate waiver. We assess how both issues apply to your situation. 

Because our practice also includes immigration law and removal defense, we can address immigration concerns alongside the criminal case. We examine proposed plea terms and their potential effects on immigration status before advising you on your options. 

Our bilingual representation also allows Spanish-speaking clients to discuss their circumstances, understand their legal options, and participate meaningfully in decisions about their defense. 

Challenging Illegal Searches and Drug Evidence

Our attorneys examine how law enforcement obtained the evidence supporting drug charges, including searches of vehicles, residences, and personal belongings. 

We review police reports, search warrants, body-camera footage, and other available records to identify potential constitutional violations. When officers conduct an unlawful search or seizure, we can seek to exclude improperly obtained evidence through an appropriate pretrial motion. 

Drug identification and testing may also raise questions about the prosecution's allegations. We scrutinize laboratory findings, reported quantities, and evidence-handling records to identify discrepancies that could undermine the case. 

Defending Drug Sales and Trafficking Charges

We challenge allegations involving drug sales, manufacturing, distribution, and transportation for sale by examining whether the evidence establishes the specific offense charged. 

Prosecutors may rely on drug quantities, packaging materials, communications, money, or other circumstantial evidence to support allegations of drug trafficking or distribution. We investigate whether those circumstances establish the alleged criminal activity or whether alternative explanations have been overlooked. 

Selling or transporting dangerous or narcotic drugs for sale can constitute a Class 2 felony under A.R.S. §§ 13-3407 and 13-3408. Drug quantities, the substances involved, and prior convictions may substantially affect sentencing. 

We examine these factors when challenging charges and evaluating possible resolutions. Our broader criminal defense representation also addresses related allegations arising from the same investigation. 

Prescription Drug Crime Defense

Our firm investigates allegations involving unauthorized possession, acquisition, or distribution of prescription medications, focusing on how the substances were obtained and whether their possession was legally authorized. 

We examine prescription records, pharmacy documentation, and other available evidence to establish the circumstances surrounding the alleged offense. We also investigate claims involving fraudulent prescriptions or unauthorized transfers. 

A.R.S. § 13-3406 governs certain prescription-only drug offenses, while medications classified as dangerous or narcotic drugs may fall under different statutes. We identify the applicable law and challenge charges unsupported by the evidence. 

Fighting Drug Paraphernalia Charges

We contest drug paraphernalia charges by examining the alleged purpose of the items, their location, and the evidence connecting them to unlawful drug activity. 

Under A.R.S. § 13-3415, courts consider several factors when determining whether an item constitutes drug paraphernalia, including its legitimate uses, proximity to drugs, and evidence of intended use. 

Common household objects do not automatically constitute illegal paraphernalia. We assess whether prosecutors can establish the required connection to unlawful drug activity rather than relying on an item's mere presence. 

Marijuana Crime Defense in Arizona

Our attorneys defend clients accused of unlawful marijuana possession, cultivation, distribution, or transportation by examining whether their conduct falls within Arizona's legal protections. 

Under A.R.S. § 36-2852, adults 21 and older may generally possess up to one ounce of marijuana, including no more than five grams of concentrate. Eligible adults may also cultivate up to six plants at their primary residence, with a maximum of twelve plants where at least two qualifying adults reside. Cultivation must occur in an enclosed, secured area that prevents minors from accessing it and keeps the plants from public view. 

We evaluate whether the alleged conduct was authorized under Arizona law or could support charges under A.R.S. § 13-3405. When prosecutors allege possession for sale, unlawful cultivation, or another prohibited activity, we challenge the evidence supporting that classification. 

Plea Negotiations and Probation Options

We assess plea agreements, probation eligibility, and treatment-related sentencing options while advocating for resolutions supported by the evidence and your circumstances. 

Arizona's Proposition 200, codified at A.R.S. § 13-901.01, provides probation and treatment provisions for qualifying personal possession or use offenses. However, eligibility is subject to important exceptions, including offenses involving methamphetamine and certain prior convictions. 

We determine whether these provisions apply to your case and explain how a proposed resolution could affect your criminal record, sentencing exposure, and future opportunities. 

When negotiations are appropriate, we advocate for favorable terms while explaining the consequences of accepting or rejecting an offer. 

Legal Representation from Arraignment to Trial

We represent clients through drug-related criminal proceedings, from initial court appearances and pretrial hearings to negotiations and trial when necessary. 

We handle felony drug proceedings before Maricopa County Superior Court and misdemeanor drug cases in justice or municipal courts. Our preparation includes reviewing prosecution disclosures, identifying disputed evidence, and preparing appropriate motions. 

When a case proceeds to trial, we challenge the prosecution's evidence and present the available defense. Throughout the process, we explain developments and help you make informed decisions about your case. Our goal is to pursue a legally sound defense based on the specific allegations, the available evidence, and the options permitted under Arizona law. 

Drug & Substance Crimes Attorneys Serving Phoenix, Arizona

Our founding attorney, Rafael Tirado, has more than 20 years of legal experience. He has been licensed to practice law in Mexico since 2000 and in Arizona since 2004. His bilingual and bicultural background, together with his immigration practice and removal defense experience, is particularly relevant if criminal charges may affect your immigration status. 

Our firm provides criminal defense representation in English and Spanish, with an emphasis on understanding your circumstances and protecting your legal interests. If you are under investigation or facing drug-related criminal charges, contact our drug and substance crimes attorneys in Phoenix, Arizona, to discuss your case and available defense options.