When you are facing drug charges, working closely with an attorney who will explain clearly all your rights, options and potential consequences can help to ensure that you make decision that are in your best interests. Contact our firm today to schedule a consultation and case evaluation with an experienced criminal defense attorney.
If you are facing drug charges in Maricopa County, Yavapai County, Coconino County, Yuma County, Mohave County or Pima County, Arizona, it is critical that you retain an experienced lawyer who can aggressively represent you and protect your rights. Michael E. Ziton is an experienced Arizona drug lawyer you can trust whether you are charged in state or federal court. Call the Law Offices of Michael E. Ziton at 602-234-9290 for help today.
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If you are arrested for a drug crime, you should know you still have rights. The Fourth Amendment still protects you against unlawful search and seizure. At the Law Offices of Michael E. Ziton, we fight to exclude evidence obtained by unlawful search and seizure.
If you are arrested and charged with a drug crime like marijuana possession, felony drug possession or the distribution, importation or transportation of illegal drugs, the representation of an experienced criminal defense attorney can be the difference between a conviction and an acquittal. Contact the Law Offices of Michael E. Ziton & Associates at 602-234-9290 for help today.
Federal Drug Crimes
The Comprehensive Drug Abuse Prevention and Control Act of 1970, also known as the Controlled Substances Act, classifies narcotics, marijuana and other drugs into five categories, or Schedules. Besides establishing requirements relating to manufacture and distribution of drugs, the law also defines penalties for violations of the Act. Depending on the nature and quantity of the substance involved, as well as the presence of sentence-enhancing factors, the criminal penalties can be severe. If you are facing federal drug charges, contact The Law Offices of Michael E. Ziton, P.C. & Associates in Phoenix, Arizona, to schedule a consultation with a criminal defense attorney for advice on the law, your rights and how to proceed.
Offenses at the Federal Level
Federal drug offenses differ from those at the state level, even though the conduct in question might be the same. In defining crimes, Congress' authority comes from its Constitutionally-granted powers over the areas of commerce, taxation and the postal service.
Some of the drug crimes under the Controlled Substances Act include:
- Drug trafficking: manufacturing, distributing or possessing with the intent to distribute illicit drugs
- Manufacturing: operating places for the purposes of manufacturing, distributing or using illicit drugs, or endangering human life while so doing
- Continuing criminal enterprise crimes: trafficking in illicit drugs by a person in concert with five or more other persons
- Conspiracy: involves attempts and the promoting and facilitating of manufacture, distribution or importation of illicit drugs
- Protected location offenses: distributing illicit drugs to persons under age 21 or within a school or playground zone; employing persons under age 18 in drug operations
- Simple possession: possessing controlled substances without a valid prescription from a licensed medical practitioner (unlike trafficking, simple possession does not involve intent to distribute the drugs)
Other drug offenses under the Act include investing illicit drug profits in businesses affecting interstate commerce and unauthorized importation of controlled substances. The Drug Enforcement Administration (DEA) enforces the federal controlled substances laws and regulations.
In addition, drug crimes at the federal level may include violations of tax law, such as tax evasion, or engaging in activities prohibited by the Racketeer Influenced and Corrupt Organizations Act (RICO).
Federal Sentencing Guidelines
Federal drug laws specify minimum and maximum terms of imprisonment, based on the type and quantity of drug involved. Likewise, under the Federal Sentencing Guidelines, these factors are taken into account, along with:
- Whether the offense involved injury to another person
- Whether a weapon was possessed or used
- The defendant's criminal history
While judges have discretion to depart from sentencing guidelines, they must still stay within the mandatory minimum and maximum terms specified by statute. Where the offense occurs in a school or other protected zone, penalties may be enhanced.
Contact a Criminal Defense Attorney
Drug crimes can be charged and prosecuted under federal law, state law or both. Because federal drug crimes can carry significantly harsher penalties, it is important to contact a lawyer who is familiar with both federal and state drug laws. Contact The Law Offices of Michael E. Ziton, P.C. & Associates in Phoenix, Arizona, today to schedule a consultation with a criminal defense attorney who can explain the intricacies of both systems and vigorously represent your interests.
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