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Phoenix Drug Lawyer

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Are you facing drug charges or suspect that you are under investigation? The Law Offices of Hernandez & Hamilton, PC, has years of experience with drug-related criminal cases. From trafficking illegal drugs to possession, your experienced Phoenix criminal defense attorney can help fight your criminal charges. 

It is essential that you seek legal counsel as soon as you can. Your freedom could be at risk, and the case against you will continue to build while you hesitate. There are important time-sensitive deadlines that exist.  The time to act is now.  Not every drug crime attorney is qualified to obtain the results you need, so it’s crucial that you choose the right one. 

If you are facing drug crime charges or a profound felony conviction, the Law Office of Hernandez & Hamilton, PC wants to hear from you. 

Misdemeanor and Felony Drug-Related Charges We Handle

Our Phoenix drug crimes attorney handles many drug charges, including:

  • Drug possession charges 
  • Drug trafficking
  • Drug distribution
  • Drug manufacturing and cultivation
  • Driving under the influence of drugs
  • Dangerous drugs
  • Narcotic drugs
  • Possession of drug paraphernalia 
  • Prescription drug crimes

If you are facing a drug charge, you need to have an established Phoenix criminal defense lawyer by your side right away. We will work to establish a strong case and defend against any potential drug crime charges. 

Federal Courts

The U.S. Government could become involved if your case consists of smuggling or transporting large amounts of a controlled substance. Any time a criminal investigation involves  federal crime, particularly in the area of narcotics offenses, the consequences can become more severe. 

Federal law enforcement agencies such as the FBI, the DEA, and HSI (among others) routinely handle federal drug investigations and have an incredible amount of resources to help them find and apprehend potential offenders. 

Oftentimes, cases investigated by federal law enforcement agencies are handled in federal courts by federal prosecutors, however, it is rather common for federal agencies to request state court prosecutors to bring the cases in Arizona state courts.  Usually this is done for tactical purposes.

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Just as in federal courts, in Arizona state courts, felony drug crimes typically result in harsh mandatory sentences, especially for repeat offenders. 

Punishment For Felony Drug Crimes In Arizona

First-time felony offense:

  • Class 2 – Carries a minimum of three years and a maximum of twelve and a half years
  • Class 3 – Carries a minimum of two and a half years and a maximum of eight and three quarter years
  • Class 4 – Carries a minimum of one year and a maximum of three and three quarter years
  • Class 5 – Carries a minimum of six months and a maximum of two and a half years
  • Class 6 – Carries a minimum of four months and a maximum of two years

Repeat felony offenders face increased sentencing rangers, depending on their classification. Violent and dangerous felony offenders have different sentencing ranges as well.  Cases involving the sale or commercial manufacture of methamphetamine carry a minimum of five calendar years and a maximum of fifteen calendar years.

Arizona Drug Laws and Drug Courts

Drug-addicted offenders who break drug laws are tried in specialized courts, often called “drug courts” or Drug Treatment Alternatives to Prison (“DTAP”).  Drug courts are interested in helping those addicted to drugs through treatment programs and supervision. 

Unlike regular courts, drug courts team up with treatment programs to rehabilitate offenders instead of jail time. That helps to reduce the likelihood of repeated future crimes. 

Expunging Drug Charges in Arizona

Unlike other states that call the process of clearing your criminal record “expungement,” Arizona refers to it as setting aside a previous conviction. Arizona allows this in order to restore your rights after a drug conviction. However, in 2020, Arizona voters passed Proposition 207, also known as the Smart and Safe Arizona Act, which for the first time paved the way for an expungement process of certain criminal convictions involving small amounts of marijuana.

Over the Threshold Amount

In the State of Arizona, if you break criminal law by possessing various amounts of drugs, you could face compulsory jail time. In other words, persons convicted in Arizona of crimes involving drugs in an amount that exceeds the statutory threshold amount are subjected to mandatory minimum prison sentences.  Arizona’s threshold amounts include:

  • One gram of heroin
  • Nine grams of cocaine
  • Nine grams of methamphetamine
  • Two points of marijuana
  • For other substances, generally an amount exceeding a value of at least one thousand dollars

The threshold amount depends on the type of drug found in your possession. Never assume that you will automatically go straight to jail since you were charged with drug possession over the threshold amount. Oftentimes, police and prosecutors use inaccurate methods to “weigh” the substances to determine the quantities involved.  Your Phoenix drug lawyer can argue and debate this amount and try to get you a lowered sentence. 

Are Synthetic Drugs Illegal?

In Arizona, synthetic drugs are considered to be as illegal as organic drugs. Penalties for synthetic drug cases are generally the same regardless of whether the drug is manufactured or organic. 

Proposition 200

In the State of Arizona, Proposition 200 was designed to protect those charged with multiple drug crimes, thereby guaranteeing more lenient sentences for first and second-time offenses. 

What are Different Drug Schedules?

Controlled substances are classified by their level of dependency and curative value.

Schedule V controlled substances are the lowest level of dependency, so their penalties are lower than any other drug classification. 

Schedule I drugs have the highest level of dependency and are not deemed to have medical value. Penalties for this level tend to be harsher than other classifications. 

What to Do After You’ve Been Arrested for a Drug Crime

It’s essential that you understand how to act, what you shouldn’t do, and what you should do if you are arrested for drug offenses. Arizona drug convictions can be strict, so it is vital that you are cautious of your actions. 

What You Should Do After an Arrest

  • Never be rude or difficult. Always try to be polite to any responding officers
  • Write down the badge number and name of law enforcement 
  • Take notes of the incident to keep details fresh
  • Let your Phoenix drug crimes attorney know every detail of the drug crime
  • Do not discuss your criminal defense case with anyone else

The most important thing you can do is get in touch with a criminal law professional and not speak to police officers until you do. Remember, anything you say can and will be used against you and can harm your case. 

What You Should NOT Do After an Arrest

  • Never resist arrest! Hiding or running from police officers could make things much worse for you
  • Do not try to fight with the police or engage in physical contact
  • Do not talk to police about any aspect of your arrest until your drug defense attorney gets there
  • Do not allow police to search your vehicle or property unless they have a warrant
  • Do not discuss your drug offenses case with anyone outside of your lawyer
  • Never hide any details from your lawyer

How Law Office Of Hernandez & Hamilton, PC Can Help

Have you been arrested for a drug crime? Your Arizona criminal defense lawyer can help you. We fight diligently for the best outcome possible, not just the quickest or easiest. 

Hiring a drug crime lawyer for drug possession, drug trafficking, and any other drug charges is necessary to avoid compulsory prison time. We will fight to lessen your charges if possible. 

Your criminal defense lawyer can be vital because you could currently be under investigation and you may be speaking with confidential informants or undercover cops without even knowing. Anything you say from here on out could be used against you by the prosecution. We take the necessary steps to attack the prosecution’s case and protect your rights by using the full extent of our drug offense law offices. 

We go over every aspect of your arrest, the search and seizure, and the investigation by asking the following questions:

  • Did the officers have probable cause for a warrant?
  • Did the officers have probable cause for a wiretap?
  • Did the officers go beyond the scope of the warrant?
  • How reliable is the government’s informant?
  • Is the informant willing to say what is necessary to help their cause?
  • Do the circumstances and amount of drugs in your case warrant trafficking charges or intent to sell?

Our Phoenix drug lawyer can help you determine the answers to these incredibly relevant questions and use them to create a solid defense for your drug charges. We have an extensive history of assisting defendants in similar scenarios. 

Arizona does not take drug crimes lightly. The penalties for perpetrating drug crimes are among the most stringent in the United States. 

If you have broken criminal law by committing a Phoenix drug crime, you should call our law offices as soon as you can. 

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Client Testimonials

Clay Hernandez and Josh Hamilton are some of the most competent Lawyers I have ever had the pleasure of working with. They are dedicated, hard working and honest! They are some of the top Lawyers in the legal community and you couldn't have a better legal team on your side!

Lacee

To say that Josh Hamilton saved my life would be an understatement. Facing an incredibly ugly situation, I shopped around for an attorney for a while until I came across Mr. Hamilton. From day one I knew I had found the representation I needed. Josh fought tooth and nail for me and got me the best outcome, considering the dire straits I was in. His staff is incredibly helpful and friendly and Josh's ability and knowledge of the law is second to none. I could not see myself facing a hell like this again with anyone else at my side. A simple "thank you" will never be enough for all that Josh and the staff of Hernandez and Hamilton did for me.

Ox Inator

If you need a criminal defense lawyer then Josh Hamilton is definitely your guy!! Not only is he beyond brilliant.. and amazing at what he does! But he is a very caring and compassionate person. I highly recommend him!! He worked very hard on my case and got it dropped!!

Racquel Vera

The absolute 100% best. I cannot stress how much I appreciate and how grateful i am for Josh and Carol. They took up my brothers case in 2018 and never left him since. Their work is excellent and speaks volume. The complexity of the case will have anybody fearful and doubtful but not them. Right from the start they maintained a positive vibe and their professionalism is exceptional. I am so happy i found them back when me and my sister in law were googling appellate lawyers. If i could hug them now i would. My brother was released two days ago and even though the case is not done i am pretty sure the end results will be a good one. God appointed the right lawyers and they are not in it for the money they truly are genuine in fighting for victory and they know what happened to my brothers were not right and they fought tooth and nail and for that i just want to say thank you from the bottom of my heart. Grateful forever and ever!

King Black

I had a potential federal case come before me in my work environment. I called and they were so willing to work with me on getting into an in person consultation even though I was 2 hours away. We spoke on the phone, and then had a meeting I specifically spoke with Clay. He was knowledgeable and had a defense prepared before I even left the consultation. With everything still being in process, all I can tell you, based on my experience with him, he will fight until the end and he won't give up!

Cynthia Bass

Hernandez & Hamilton are top-notch attorneys. In hindsight I would NOT have considered hiring any other attorney to take care of my legal matters. Hernandez even traveled out of state to represent me over 2000 miles away, in Ohio, IN THE WINTER. :) Thank you for all you have done for me and my family!!!

Kari Turner

The best thing about this law office is their dedication. Josh never stopped working for us, never stopped believing that there would be a great outcome and even when it looked like all hope was lost, he kept working until we got the outcome we were looking for. I would recommend this office to anyone looking for an attorney. If they believe they can help, they will!!

Sarah Tecco

I contacted Mr. Hamilton regarding a case involving my brother. From the moment we spoke on the phone, he made feel like we were in the right hands. We discussed the case, went over the pro´s and con´s reaching a desicion to move fwd with the case. Mr. Hamilton is extremely well prepared and very knowledgagle. My brother got a very long punishment that was not justified and because of his commitment to the case and his great team effort, they got my brother a reduced sentence to time served. Now, thanks to Mr. Hamilton and his team, my brother is able to reunite with his three kids and his brothers. We are for ever thankful for your hard work and commitment. Thank you for believing in whats right! Blessings from our entire family.

Eghector

Josh Hamilton is top-notch: knowledgeable, accessible, hard-working and honest. No better lawyer in town.

Jeff Welter

I highly recommend Josh Hamilton to resolve your legal issues.The staff at Hernandez and Hamilton were very professional and friendly.Thank you Josh,Julie, Roni, and Olivia for everything that you all did for us. Have a wonderful holiday season and a prosperous new year..

Gillbert Encinas

I have owned a private investigation company in Arizona for a quarter century and worked with both of these lawyers for many years. These attorneys are honest, extremely competent, and truly care about their clients. Both are exceptional advocates.

Randy Downer

Josh is one of the best lawyers out there. He has helped me in multiple situations and has gotten me off every time. He’s professional about everything and I highly recommend him.

Timothy Marshall

I needed the best attorney in town and Josh did not let me down. If you want an aggressive pro-active team representing you, this is the outfit to go with. Best in class.

Organic BTI

I hired Hernandez & Hamilton to take care of a friend who had a bit of a tough situation. They took care of him easily and kept the cops honest. Very happy.

Danton Foster

Best lawyer in town. Josh and everyone else working with him at his law office go beyond to help you every step of the way. I would highly recommend for your criminal defense attorney.

Martin Lopez

Fantastic work by Josh and his team, they are very professional. Thank you for your help in our case. You and your team managed to get my brother released on the spot and cleared of all charges.

Eftimi Etzoglou

If you want the best of the best? Look no further because Clay and Josh are definitely it. HANDS DOWN.

Amanda Wade-Mcmickle

I can't thank Josh Hamilton enough and his team for what they did for our family to give us peace knowing that we got the best law firm the best lawyer and the out come was amazing thank you for all your knowledge your hard work your dedication once again thank you Josh and your team.

Alley Prudhomme

Excellent firm with outstanding attorneys and staff. They work extremely hard and get amazing results for their clients.

Adam dippel

This legal team is at the top of their game when it comes to representation and dedication. Truly a 5 Star law firm from beginning to end.

Mary Domoto-Hill

Mr. Hamilton is an absolute beast and he handled my problem like a Sunday drive. Absolutely the best attorney anywhere.period. thank you again Mr. Hamilton. Five stars across the board.

James Stewart