Archive for June, 2012

Jun
19

Sale and distribution of Marijuana

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Persons who have been charged with marijuana sales in the area of Phoenix can turn to the Law Offices of Joshua S. Davidson for assistance with their legal troubles. When you need the help of an experienced Phoenix marijuana sales attorney, you need someone who has the know-how of handling these kinds of cases. That’s where Mr. Davidson’s law office in Phoenix comes in handy. He can handle all many drug-related cases.

Cases that involve the sale and distribution of marijuana are treated harshly… much more so than the possession for sale in Arizona. Prosecutors try proving marijuana sales by employing the help of undercover police officers, search warrants, surveillance and confidential informants. Using his experience, he can effectively challenge this evidence and will do everything in his power to reduce or dismiss the charges.

How You Can Prove Entrapment

Anytime police engage in undercover activity to create a sale of marijuana case against somebody, defense attorneys can possibly use entrapment has a plausible defense. According to Arizona law, to use entrapment as a defense in marijuana sale cases, there are things that must be proven:

  1. The idea to commit the crime did not begin with the defendant but with the police.
  2. The defendant wasn’t inclined to sell marijuana before the police encouraged or coerced him/her to sell.
  3. Undercover officers encouraged and coerced the individual to sale marijuana.
Hiring The Help Of An Arizona Lawyer For Marijuana Sale and Distribution

If you’ve been charged with an illegal sale of medical marijuana or the Internet sale of illegal marijuana, the Law Officers of Joshua S. Davidson has the knowledge of how to handle the case. As a Maricopa County prosecutor, he was responsible for cases that involved narcotics and marijuana sales. Thanks to the time he spent working as a prosecutor, he can take the experience and use it to effectively defend his clients.

Since he became a Criminal Defnese Attorney, he took what he learned from prosecutors to prepare a defensive strategy that counters each of their moves. You should never try handling the marijuana sale and distribution charge on your own or with an attorney who’s not experienced in the area. With Joshua S. Davidson on your side, you can be sure he’ll be with you all the way to provide you with support and legal advice that can ensure the success of your case.

Talk to Phoenix Marijuana Defense Attorney Davidson today to learn what possible defenses you have to fight your marijuana sale and distribution charge.

Categories : Criminal Law
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Jun
19

Marijuana Transportation Can Net Defendants Extreme Penalty Times and Fines

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Transportation of Marijuana in Arizona

Have you been accused with transporting illegal marijuana? If so, then you need to locate the best possible attorney for your case. This is where the Law Offices of Joshua S. Davidson in Phoenix comes in. Attorney Davidson represents all his clients to the best of his abilities to ensure they get the best outcome possible for their marijuana transportation charge.

Due to the federal and state laws, marijuana transportation charges can be extremely complex. It all depends on how and where the marijuana was transported. Should marijuana be transported intentionally or between states, the charge could become a felony offense and could include the following agencies:

  • DEA
  • FBI
  • Federal prosecutors

Because these charges are complicated and the numerous agencies that could get involved, you need the assistance and the support of a highly qualified Phoenix Marijuana Transportation Attorney.

The Charges and Penalties Of Marijuana Transportation

What does it mean by marijuana transportation? It means the movement or the transporting of an illegal substance from one area to another. The charge is extremely serious in the Phoenix region. Most of these cases involve some type of vehicle so that the marijuana is moved from one location to another location.  Just because you are in the same vehicle as the illegal substance does not determine your guilt. The prosecution must prove, beyond a shadow of a doubt, that you fully knew you were transporting the drugs.

Mr. Davidson is a former prosecutor who used to prosecute these types of cases. Thus, he knows the techniques police and prosecutors use to build their case against you. With this firsthand knowledge, Mr. Davidson is already one step ahead and can create an antagonistic defense for you.

Depending on how extensive the charges are against you and if you’re repeat offender, there are a number of penalties you could be hit with:

  • Probation
  • Revocation of driver’s license
  • Forfeiture of vehicle
  • Seriously large fines
  • Extensive long-term prison time

Most marijuana transportation involves a large sum of the drug, and if you’re convicted, it’s a long, mandatory prison sentence. Depending on the marijuana amount, the formal charges that are filed against you could net you serious jail time.  Do not let the transportation of marijuana conviction completely abolish your future.

You need the assistance of an experienced Phoenix marijuana defense attorney to protect you and your future.  With a reputation like Mr. Davidson’s, you can bet you’ll get the aggressive representation he is well-known for. He’ll throw everything of himself into your case to ensure you get the best possible outcome for the marijuana transportation charge.

Give Mr. Davidson a call today if you’re facing a marijuana transportation charge… and let an experienced Marijuana Attorney get started on your defense!

Categories : Criminal Law
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Jun
14

Unlawful Searches and Seizures

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A good deal many of the cases Joshua S. Davidson, a Phoenix Marijuana Defense Attorney, handles involve police-conducted searches. These searches tend to include a defendant’s home, vehicle or belongings but are sometimes conducted without a search warrant.

4th Amendment To U.S. Constitution

While you are protected from unreasonable searches and seizures with the Fourth Amendment of the U.S. Constitution, there are some instances that allow police to search your person or your belongings without getting a valid search warrant. Should the court, later on, rule the search was not legal (and required a search warrant), any damaging evidence – marijuana, cocaine, meth or other illegal substance – that is found will be deemed inadmissible. This means the prosecutor could decide to dismiss the case entirely.

Phoenix law about warrantless searches is constantly changing. Davidson knows that to get the best possible outcome for his clients and suppress evidence in warrantless searches, he needs to stay up to date on the new legal developments. Of course, being able to recognize an illegal police search is important to having an effective legal defense against a marijuana charge in Phoenix.

Mr. Davidson was a previous marijuana offense prosecutor and litigated many challenges in court regarding warrantless searches by police. This previous work enables him to thoroughly review all cases for any possible police misconduct that could cause the court to reduce the charges or dismiss them altogether.

6 Common Exceptions Of The Search Warrant Requirement In Marijuana Cases In Phoenix.

There are some common exceptions to Phoenix’s search warrant requirement in marijuana cases. These are:

– Inventory searches of vehicles before it’s police-impounded

– Searches of persons carried out to “arrest incident”

– Searches conducted with individual consent

– Probable cause search of individual’s vehicle

– Pat down for weapons where officer has concerns for safety

– Searches for evidence that’s subjected to destruction

Too often police were carried out an illegal search, trying to justify the search so they have the right to charge you with a drug-related crime.  If you have been charged with a marijuana crime in Phoenix, it’s important you get the best possible defense. And, with the Law Offices of Joshua S. Davidson by your side, you can be sure that your charge will be thoroughly investigated. If any police conduct is found, Davidson will aggressively fight for evidence, and your case, to be dismissed. With his experience has a former marijuana prosecutor, he can aggressively fight for you and your rights, confronting any unlawful police tactics in your case. Call him today if you’re facing a marijuana-related charge and get a free initial consultation.

Categories : Criminal Law
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Jun
14

TASC Diversion Program

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Purpose of the Phoenix TASC Program

TASC is a program for marijuana diversion in the Phoenix area. The acronym stands for “Treatment Assessment Screening Center.” There are more than 20 states that now offer deferred sentencing and prosecution through TASC programs, and Arizona is one of them. TASC is a non-profit organization offering substance abuse support services, including counseling, education, and marijuana screening.

In cases where the convicted party is eligible, TASC services may be offered in lieu of a prison sentence or another of the severe penalties that usually follow a conviction for a marijuana-related offense. TASC serves as a program of intervention for first-time drug offenders. Its case management services aim to alter and eliminate criminal acts related to marijuana by identifying, monitoring, and managing problems with substance abuse. This case management program helps to relieve our state’s heavily-burdened justice system by reducing the need to prosecute and jail first-time drug offenders.

Phoenix Marijuana Diversion/Deferred Prosecution – TASC Program

If you are a first-time marijuana offender, and the amount of marijuana involved was small, the TASC deferred prosecution program may be an option for you. The opportunity to participate in the program instead of serving a prison sentence is not guaranteed, however. TASC screens those who apply to determine which applicants are eligible. There are specific criteria that defendants are required to meet before they can be accepted into the program. If an accepted defendant fails to complete the program, his original conviction, and the sentence that accompanied it, will go back into effect immediately. He may face a jail sentence or another severe consequence, such as a large fine. However, if he succeeds in completing the program, then TASC will recommend to the court that his drug charges should be dismissed.

Criminal Defense Lawyer – TASC Marijuana Diversion Program in Phoenix

If you hope to qualify for TASC, hiring a criminal defense attorney will be of great help to you. Your attorney will perform the steps necessary to ensure that you are qualified for the TASC program if he cannot get the charges against you dismissed while the case is being heard. The court, the prosecution, and TASC administration must all agree to allow you to participate in the program.

If you have been charged with a marijuana-related offense in the Phoenix area, you would be well-advised to seek an attorney with experience in defending against criminal marijuana charges, preferably one who specializes in them. The Law Offices of Joshua S. Davidson frequently acts as the defense in marijuana-related cases all over Maricopa County. If you currently have an active marijuana charges, he can offer you a free consultation. If you choose to retain his services, he will work hard to protect your legal rights, defend against your charges, and obtain the best outcome possible for you. If you are facing a marijuana charge and need an expert legal representative, call (602) 493-3600 today!

Categories : Criminal Law
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Jun
14

Several Possible Marijuana Penalties The Arizona Court System Can Impose On Convicted Persons

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We here at the Law Offices of Joshua S. Davidson in Phoenix, place our concentration on the criminal defense of our clients who are charged with any number of drug related crimes.  If you’ve been cited for or charged with a marijuana-related offense in the cities of Glendale, Mesa, Phoenix, Scottsdale or Tempe, you need the help of an experienced phoenix marijuana attorney.

A marijuana case can be extremely easy or quite complex; it all depends on how much marijuana police found and the defendant’s criminal background. Regardless of these things, you need to have the assistance of an experienced Phoenix marijuana attorney to help you fight it… if not for an acquittal to have the charged or sentence reduced.

Davidson has handled a variety of marijuana-related cases – marijuana possession, trafficking of marijuana, sale of marijuana, production of marijuana and the possession of marijuana with intent to sale and deliver.

A Look At The Classification For Marijuana Possession

2 pounds or less – Class 6 Felony

2 to 4 pounds – Class 5 Felony

4 pounds or more – Class 4 Felony (at least $750 in fines or three times the value of marijuana, whatever is more)

A Look At The Classification For The Sale and Possession Of Marijuana

2 pounds or less – Class 4 Felony

2 to 4 pounds – Class 3 Felony (prison is mandatory upon conviction)

4 pounds or more – Class 2 Felony (three to 12.5 years in a state penitentiary; minimum $750 in fines/$2,000 for selling within a school zone with additional $2,000 in fines)

A Look At The Classification For Trafficking of Marijuana

2 pounds or less – Class 3 Felony

More than 2 pounds – Class 2 Felony (Court will impose recommended sentence at conviction with a possible 5 years)

A Look At The Classification For The Production Of Marijuana

Less than 2 pounds – Class 5 Felony

2 to 4 pounds – Class 4 Felony

More than 4 pounds – Class 3 Felony

Regardless of what offense you are charged with, it’s important to hire the best possible Phoenix marijuana attorney who has the experience and know-how of getting your charges reduced or eliminated altogether.  There are some instances where marijuana cases involving one’s personal possession can qualify for alternative sentencing requirements under the state’s Proposition 200; a conviction for marijuana tends to net probation, jail time, community service and a blemished criminal record.

The state’s mandatory sentencing laws decree severe punishment for convictions. Thus, it’s vitally important to have the experience of a qualified Phoenix marijuana attorney to ensure your rights are protected during the entire process.

If you’re facing a marijuana charge, contact Phoenix’s best Drug Crime Defense Lawyer Joshua S. Davidson right away!

Categories : Criminal Law
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Jun
07

Arpaio Announces Deputy’s Move To Obama Investigation For Security Purposes

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Sheriff Joe Arpaio said the volunteer investigation regarding documents that relate to the residency of President Barack Obama currently includes taxpayer-funded deputy services. The deputy joins Arpaio’s cold case volunteer member Mike Zullo in Hawaii because of security issues as well as the progression of the investigation.

Arpaio recently said it’s just one deputy and that the investigation does have some security issues. He said for six months, no money was spent. However, when it comes to investigation, some things need more resources put into them.

The Sheriff’s office recently said approximately $40,000 has been spent so far on the investigation, which is funded solely on donations.

In the past, Arpaio flaunted the fact that the investigation consisted mainly of volunteers and donations. However, a sworn deputy is now needed.  According to Arpaio, the volunteer posse is in the middle of a criminal investigation but declined to further elaborate.

Arpaio also noted that the costs of Zullo and the deputy’s hotel rooms and airfare are being covered by the Sheriff’s Office. However, the posse is expected to pay back the department for all of it.

The deputy that’s been assigned to the investigation into Obama continues to works with the Sheriff’s department in its threats unit. Arpaio said the deputy will work on other cases while helping with the investigation. However, he won’t be making arrests.

Arpaio said the investigation posse won’t constantly use the deputy because he’s not assigned to it. He’s just currently a liaison and provides advice when warranted, Arpaio said. He said he feels a deputy is needed right now. He refused to talk about other trips the posse has been on without the assistance of a deputy.

250 Surprise Tea Party members request an investigation be launched regarding Obama’s residency.

A news conference was held in March by the sheriff along with Zullo, Surprise Tea Party members and author Jerry Corsi, whose examination originally led the investigation. Zullo laid out the allegation that the president’s birth certificate and selective service card were fakes.

Zullo relied on the White House’s documents that verified the president’s birth in Hawaii for the investigation.

A civil rights lawsuit was recently filed by the U.S. Justice Department that alleged that Arpaio’s department discriminated against persons who spoke out against the sheriff and his policies as well as Latinos.

Arpaio has repeatedly denied that this investigation into Obama is motivated by politics. However, many critics have noted that most folks, including Republicans, have gone past the topic.

Ken Bennett, Arizona Secretary of State, brought the topic back up recently by asking Hawaii officials to verify the birth certificate so that he could place the president’s name on the Nov. 6 ballot.

The sheriff said it’s not Obama’s birthplace the investigation is focused on. Instead, it’s the possibility that some documents generated to authenticate the birth are duplicitous.

Arpaio said he’s able to spare one deputy and not have problems because the agency has roughly 900 other deputies working for it.

Categories : Police, Politics
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The Arizona Defense Law Blog is published by Phoenix DUI and criminal defense attorney Joshua S. Davidson. Nothing on this website is intended to create an Attorney-Client relationship and the information provided herein is for general information purposes only.

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