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Category Archives: Criminal Defense

September 3, 2025

When is deadly force justified in Arizona?

Arizona law lets you use deadly force only when a reasonable person would believe it’s immediately necessary to stop another’s use or attempted use of unlawful deadly force:

  • Self-defense: ARS §13-405 (deadly force) & §13-404 (physical force).

  • Defense of others: ARS §13-406 (same standard applied to protecting someone else).

Home & property situations

  • Defense of premises: You may use force to prevent/terminate a criminal trespass (§13-407). Deadly force still must meet the deadly-force standard (or fall under crime-prevention, below).

  • Crime prevention (“castle-style” protection): Deadly force can be justified to stop certain serious crimes (e.g., home invasion, sexual assault) under §13-411, if a reasonable person would believe it’s immediately necessary.


When force is not justified

  • Words alone: Verbal insults/provocation aren’t enough.

  • Resisting arrest: Even if you think the officer is using too much force (address it in court).

  • Initial aggressor: If you provoked the fight, you must withdraw and clearly communicate that before claiming self-defense.

  • Innocent bystanders: Justification won’t cover reckless injury to a third person.


“Stand Your Ground” in Arizona

Arizona imposes no duty to retreat if you’re lawfully present and not committing a crime (often called “Stand Your Ground,” though AZ doesn’t use that label). If retreat is safe and obvious, jurors may still consider it when judging reasonableness.


Common real-world examples

  • Home intruder at night: If you reasonably believe the intruder poses an immediate deadly-force threat, deadly force can be justified—even if the intruder turns out to be unarmed.

  • Parking-lot confrontation: Deadly force is justified only if the other person uses or attempts to use deadly force; property disputes alone don’t qualify.

  • Third-party defense: Same rules—your belief must be reasonable and immediate.


What to do after a defensive shooting

  1. Call 911: Report the emergency, request medical help.

  2. Say little: Identify yourself, location, need for aid. Do not give a detailed statement.

  3. Ask for a lawyer: “I’m invoking my right to remain silent and I want my attorney.”

  4. Preserve evidence: Don’t move casing/shells or alter the scene; keep potential witnesses nearby.

  5. Avoid statements to insurers, bystanders, or social media.


How Ted Law defends self-defense cases

  • Justification build-out: Scene reconstruction, lighting/sightlines, 911 audio, surveillance, gunshot-residue & trajectory, medical records, prior acts of the aggressor (where admissible).

  • Reasonableness narrative: Your perceptions, timing, distances, and threat cues (weapons, disparity of force, multiple attackers).

  • Constitutional challenges: Unlawful searches, Miranda issues, coerced statements.

  • Charge reduction/alternatives: Where full justification is disputed, pursue lesser-included offenses or non-dangerous designations.


Free, confidential case review (Tempe)

Ted Law | DUI & Criminal Defense
602-453-31002233 W Baseline Rd, Ste C101, Tempe, AZ 85283
Same-day consultations. Nights & weekends available.

This page is general information, not legal advice. Your facts matter—call to discuss your specific situation.

Drug Charges & Immigration in Arizona: What Puts You at Risk (and How to Protect Yourself)

If you’re a documented or undocumented immigrant in Arizona, a drug arrest can put your status—and your future—on the line. Many drug offenses are deportable, and even “minor” cases can trigger ICE involvement. If Tempe PD, DPS, or a campus officer at ASU has cited or arrested you, getting the right lawyer involved immediately is critical.


Can Drug Charges Lead to Deportation?

Short answer: yes—often.

  • Controlled-substance convictions (possession, use, paraphernalia, sales, transport, manufacture) are generally deportable offenses under federal immigration law.

  • There’s a narrow exception for simple possession of ≤ 30 grams of marijuana for personal use—but the details matter, and paraphernalia or “for sale” allegations can blow that protection.

  • Drug trafficking (even a small sale) is treated as an aggravated felony—which can mean mandatory detention, removal, and bars to most relief.

  • You don’t always need a conviction to have immigration problems: admissions of drug use, a “reason to believe” someone trafficked drugs, or certain diversion outcomes can still cause inadmissibility or trigger removal proceedings.

Important: What counts as a “conviction” for immigration is broader than you think. A plea + any punishment (probation, classes, fines) can be a “conviction” for immigration—even if Arizona later dismisses or sets aside the case.


“Crimes of Moral Turpitude” (CIMTs) & Drug Cases

Some drug cases also include facts that make them CIMTs (e.g., fraud, violence, theft as part of the conduct). A single CIMT can cause problems; two CIMTs or a CIMT within certain timeframes can be deportable too. Prosecutors sometimes stack charges—don’t ignore the “little” add-ons.


Common Tempe Scenarios We See

  • Traffic stop near ASU → car search → pills not in your name / THC vape / cocaine residue

  • Package interceptions (mail/UPS/FedEx) tied to your address

  • Paraphernalia only cases (papers, pipe, scale, baggies)

  • Text messages cited as “intent to sell”

  • Diversion offers that look great for criminal court but destroy immigration options


Defense Goals When Immigration Is in Play

A good Tempe defense doesn’t just aim to “win the case”—it aims to protect status and relief:

  • Suppress bad stops & searches (no probable cause, invalid consent, dorm/apartment issues).

  • Negotiate to a non-deportable offense (e.g., non-drug substitute counts) when evidence is strong.

  • Avoid “drug related” admissions in plea paperwork.

  • Structure diversion so it isn’t an immigration “conviction.”

  • Vacate/withdraw past pleas if they were legally defective or your rights weren’t explained.

This is where criminal + immigration strategy has to be coordinated. Don’t accept a quick plea without asking how it lands in immigration court.


What to Do Right Now

  1. Do not discuss your case with police, probation, or “investigators.” Use your right to remain silent.

  2. Do not sign plea/diversion forms before a lawyer reviews immigration impact.

  3. Tell your attorney your exact status (USC/LPR/visa/undocumented, prior entries, pending petitions). Confidentiality protects you.

  4. Move fast. Early motions and negotiations often decide whether ICE gets involved.


We Handle Drug + Immigration Consequences Every Day

Ted Law — Tempe Criminal Defense & DUI
We defend drug cases across Maricopa County with an eye on both courtrooms: criminal and immigration. From simple possession to “intent to sell,” we work to suppress evidence, reframe charges, and protect your path to stay in the U.S.

  • Free, confidential consultation (24/7)

  • Phone: (602) 453-3100

  • Email: paralegal@tedlaw.net

  • Office: 2233 W Baseline Rd, Suite C-101, Tempe, AZ 85283

If you’re an immigrant facing a drug charge in Tempe, don’t gamble your status on a one-size-fits-all plea. Call Ted Law before you take another step.

Felony Drug Possession in Tempe: What You’re Really Up Against—and How to Fight Back

Even a single pill or a few grams of an illegal substance in your pocket can put your freedom, your finances, and your future on the line in Arizona. State law brands most possession cases as felonies; sentences can run from mandatory jail to years in prison, plus staggering fines. If Tempe police, DPS, or a campus officer at ASU has charged you—or you think an arrest is coming—read this first and contact experienced counsel immediately.


1. How Arizona Defines “Possession”

Prosecutors must prove two things beyond a reasonable doubt:

  1. Control or dominion – The drug was on your person, in your vehicle, home, backpack, or anywhere they can link to you; and

  2. Knowledge – You knew the substance existed and knew it was an illegal drug (proved through statements, fingerprints, videos, or circumstantial evidence).


2. Common Charges We See in Maricopa County

Charge Felony Level Typical Triggers
Simple Possession Class 4 (dangerous drugs or narcotics) – can drop to Class 1 misdemeanor if no priors & not meth Small amounts for personal use
Possession With Intent to Sell Class 2 Larger quantities, scales, baggies, texts, or cash
Possession of Drug Paraphernalia Class 6 Pipes, syringes, bongs, baggies, digital scales
Manufacture / Cultivation Class 2 Grow rooms, pill presses, chemical lab items
Transportation / Trafficking Class 2 Moving drugs for sale—often charged on freeways or airport

A.R.S. §§ 13-3407 (dangerous drugs), 13-3408 (narcotics), 13-3405 (marijuana).


3. Sentencing Ranges in Arizona

Substance & Circumstances First-Time Offender With 1 Prior Felony With 2+ Priors
Dangerous Drug (e.g., meth, ecstasy, LSD) 0–1 yr jail or probation; $2,000+ fine 1 – 3.75 yrs prison up to 7.5 yrs
Narcotic (e.g., cocaine, heroin, fentanyl) Same as above, but jumps to 15 yrs max with priors 3 – 15 yrs 7 – 15 yrs
Marijuana (>1 oz recreational limit) 0–6 mos jail (Class 6) to 3.75 yrs prison (Class 4 if for sale) Higher presumptive terms Up to 7.5 yrs

Fines: the greater of $2,000 or the drug’s value—plus surcharges.


4. Collateral Damage

  • Loss of job or professional license

  • Ineligibility for student aid & scholarships

  • Immigration consequences for non-citizens

  • Driver-license suspension (certain cases)

  • Background-check red flags for life


5. Defense Strategies We Use

  • Illegal Search/Seizure – bad traffic stops, warrant flaws, dorm-room searches without valid consent.

  • Lack of Knowledge – borrowed car or backpack, mistaken identity.

  • Lab & Chain-of-Custody Challenges – incorrect weight, contamination, wrong drug.

  • Medical-Use or Prop 207 Protections – cannabis amounts within legal limits.

  • Diversion / TASC / Drug Court – keep the conviction off your record.

Every case is different. Early intervention often makes the difference between a dismissal, reduced charge, or prison time.


Arrested? Don’t Talk—Call Ted Law

Ted Agnick has defended serious drug cases across Maricopa County for 25+ years. From ASU campus busts to interstate trafficking stops on I-10 or the 60, we know the local courts, prosecutors, and diversion options—and how to expose weak evidence.

Free, confidential consultation 24/7

  • Office: 2233 W Baseline Rd, Suite C-101, Tempe, AZ 85283

  • Phone: (602) 453-3100

  • Email: paralegal@tedlaw.net

Pleading Insanity in an Arizona Criminal Case

Insanity Defense in Arizona

The “insanity defense” may be the most misunderstood concept in criminal law. In Hollywood it feels like an easy way out; in real-life Arizona courtrooms it is rare, difficult to prove, and—when successful—usually leads to long-term commitment in a locked psychiatric facility rather than a walk-out-the-door acquittal.

What Does It Mean to Plead Insanity?

Under A.R.S. § 13-502 (Arizona’s insanity statute), a defendant is not criminally responsible if, at the time of the offense, he or she was suffering from a “mental disease or defect” that rendered the person incapable of either:

  • Understanding the nature and quality of the act, or
  • Knowing that the act was wrong.

Because nearly every crime requires a “guilty mind” (mens rea), proving the absence of that capacity can negate criminal liability.

Who Has the Burden of Proof?

In Arizona, the defendant bears the burden of proving insanity by “clear and convincing evidence.” That is a higher bar than “preponderance of the evidence,” but lower than “beyond a reasonable doubt.” Typically the defense must present:

  • Comprehensive psychiatric evaluations
  • Medical and mental-health records
  • Expert testimony from forensic psychologists/psychiatrists
  • Collateral evidence (school, employment, family history, etc.)

How Do Courts Measure Legal Insanity?

States use one (or a hybrid) of four historic tests. Arizona relies on a modified M’Naghten standard embedded in § 13-502, focusing on knowledge of wrongfulness or the nature of the act.

Test Key Question
M’Naghten Could the defendant understand what he was doing or that it was wrong?
Irresistible-Impulse Could the defendant control his actions?
Model Penal Code Did a mental disease prevent the defendant from appreciating criminality or conforming conduct to law?
Durham Would the crime have happened but for the mental illness?

What Happens If the Defense Succeeds?

  • The verdict is “Not Guilty by Reason of Insanity (NGRI).”
  • The judge immediately commits the person to the Arizona State Hospital for evaluation.
  • Release is possible only after doctors and the Psychiatric Security Review Board deem the patient no longer a danger—often years or decades later.

Do All States Allow an Insanity Defense?

No. Four states (Idaho, Kansas, Montana, Utah) have abolished traditional insanity pleas. Arizona still recognizes it, but also permits a “guilty except insane” verdict in certain cases, blending criminal and mental-health dispositions.

Is the Insanity Defense Right for Your Case?

Because insanity claims can backfire—juries are skeptical and failed attempts may look like admissions of the act—you should never pursue this route without skilled counsel and a vetted forensic team.

Ted Law’s Approach

  • Early psychiatric screening & selection of top experts.
  • Strategic decision-making: full NGRI, partial responsibility, or alternative defenses.
  • Negotiations with prosecutors for “guilty except insane” outcomes where appropriate.

Free Consultation – Tempe Office

Theodore A Agnick PC
2233 W Baseline Rd, Suite C-101
Tempe, AZ 85283
(602) 453-3100
paralegal@tedlaw.net

Ted Law serves clients across Maricopa County, including Scottsdale, Chandler, Mesa, Phoenix and Arizona State University.

Disclaimer: This article is for informational purposes only and does not create an attorney-client relationship. Every case is unique; consult an attorney to discuss your specific facts.

 

Arrest, Dismissal, or Conviction?

How to Keep a Clean Record in Arizona

Landing a new job or apartment can be tough when a background-check company reports an old arrest—even if the charges were dismissed. Arizona law draws a sharp line between an arrest or charge and a conviction. Unfortunately, many private databases—and some hiring managers—ignore the distinction. Below is a quick guide to your options under ARS 13-4051 (notation of clearance) and Arizona’s quirky Class 6 “undesignated” felony rules.

1. Dismissed or Not-Guilty? You Have No Criminal Record—But the Arrest Still Shows Up

• Arizona only creates a “criminal record” after a conviction (guilty plea, no-contest plea, or jury verdict).
• Dismissals and acquittals leave you legally innocent—yet databases still display the arrest and charge.

2. Using ARS 13-4051 to Seal or Annotate a Wrongful Arrest

ARS 13-4051 lets an actually innocent person ask the court for:

  • A formal notation that he or she was “wrongfully arrested, indicted, or charged.”
  • An order barring police, prosecutors, or courts from releasing the records.
  • Civil-damages liability against any agency that ignores the order.

Key point: “Wrongfully” means truly blameless (e.g., DUI blood test returns 0.00% BAC). A routine acquittal because the State failed to prove guilt beyond a reasonable doubt does not qualify.

3. The Class 6 Undesignated Felony Trap

Many first-time defendants plead to a “Class 6 undesignated felony.” After successful probation, the court may designate it a misdemeanor—but the change is not automatic. If you see “F-6” on your background check, one of two things probably happened:

  1. The probation officer never filed the motion to convert it.
  2. The judge signed an order, but the clerk never updated DPS or private databases.

Fixing an Undesignated Felony

  • Ask your probation officer (in writing) to file the designation motion.
  • Better: have a criminal-defense lawyer draft and file the motion directly, then follow up to ensure the record updates with DPS, NCIC, and private data brokers.

4. Practical Steps if Your Background Check Is Wrong

  1. Get documentation: docket printouts, minute entries, dismissal orders, or the ARS 13-4051 clearance order.
  2. Dispute inaccuracies with the reporting agency under the Fair Credit Reporting Act (they must correct within 30 days).
  3. Review DPS & FBI files—request your own criminal-history record and fingerprint card.
  4. Consult counsel for a motion to designate (Class 6) or to obtain an ARS 13-4051 order.

Need Help Cleaning Up Your Record in the East Valley?

Ted Law guides Tempe-area residents through record corrections, class-6 designations, clearance notations, and aggressive defense of new charges. Let us make sure old mistakes—or false accusations—don’t derail your future.

Call (602) 453-3100 or contact us online for a free confidential consultation. Phones answered 24 / 7.

Tempe Office

2233 W Baseline Rd, Suite C101
Tempe, AZ 85283
Phone: (602) 453-3100

Disclaimer: The information above is general in nature and not legal advice. Every case is different; speak with an attorney about your specific situation.

 

Facing a Drive-By Shooting Charge in Arizona?

Drive By Shooting Statute AZ
Understanding ARS 13-1209 and Your Defense Options

Firearms remain a leading cause of injury and death in Arizona. State lawmakers respond with aggressive statutes targeting gun crime—none more serious than ARS 13-1209, Arizona’s drive-by-shooting law. If you have been arrested in Tempe or anywhere in Maricopa County for allegedly firing a weapon from a vehicle, you are staring down a Class 2 felony—and mandatory prison time if convicted.

What Counts as a Drive-By Shooting?

Under ARS 13-1209, it is illegal to intentionally discharge a firearm from a motor vehicle at any of the following:

  • A person
  • An occupied motor vehicle
  • An occupied structure (home, business, etc.)

You do not have to hit anyone to be charged. The mere act of firing is enough. ARS 13-1209 overlaps with other gun statutes—such as misconduct involving weapons (ARS 13-3102) and unlawful discharge (“Shannon’s Law”)—but the involvement of a vehicle elevates the offense to its own category.

Penalties for Violating ARS 13-1209

  • Class 2 felony conviction (one step below Class 1)
  • Mandatory minimum of 7 years in state prison (first offense)
  • Up to 35 years if you have prior felony convictions
  • Driver’s-license revocation (1–5 years) and destruction of the license
  • Seizure & forfeiture of the vehicle used in the shooting
  • Additional fines, restitution, probation, or community service

Given the severity, it is critical to involve counsel immediately to explore reductions—such as negotiating to an unlawful-discharge count (a Class 6 felony) or other lesser charge.

Possible Defense Strategies

The prosecution must prove guilt beyond a reasonable doubt. Depending on the facts, a Tempe criminal-defense attorney may argue:

  • Mistaken identity / wrong defendant
  • Flawed show-up or lineup procedures
  • Fourth-Amendment violations (illegal stop, search, or warrant)
  • Denial of counsel or Miranda errors
  • Inaccurate ballistics or forensic testing
  • Police-report discrepancies or officer misconduct

An aggressive defense may lead to dismissal, reduction to a lesser felony, or mitigation at sentencing.

Why Hire Ted Law?

  • Decades of combined experience with serious Arizona gun charges
  • Familiarity with Maricopa County courts, judges, and prosecutors
  • 24/7 availability for jail visits and emergency bond hearings
  • Proven track record negotiating lesser charges and avoiding mandatory prison

Call (602) 453-3100 or contact us online for a free, confidential consultation. The sooner we intervene, the better chance we have of protecting your freedom and your future.

Tempe Office

2233 W Baseline Rd, Ste C101
Tempe, AZ 85283
Phone: (602) 453-3100

Disclaimer: This article is for educational purposes only and is not legal advice. Every case is unique—consult a qualified attorney for guidance tailored to your situation.

 

June 5, 2025

Criminal Littering & Polluting in Arizona (A.R.S. § 13-1603)

Littering in Tempe

A Quick Guide for Tempe Residents

Most of us have dropped a coffee cup, tossed a cigarette butt, or left trash behind at some point. Few realize those seemingly minor actions can lead to criminal charges in Arizona. Under A.R.S. § 13-1603, “Criminal Littering or Polluting” ranges from a Class 2 misdemeanor to a Class 6 felony depending on the circumstances. Below is an overview of how the statute works—and why even a small piece of litter can have big legal consequences if you’re cited or arrested.

How Arizona Defines Criminal Littering

Under the statute, you may be charged if you:

  • Throw, drop, place, or allow litter, destructive, or injurious material on public property or someone else’s property and do not remove it immediately.
  • Discharge sewage, oil products, or harmful substances into state waters or onto shorelines.
  • Dump earth, soil, rocks, minerals, or similar material on land without permission.

Common Examples

  • Tossing a soda can in a parking lot and driving away.
  • Dropping a cigarette butt out your car window on a Tempe freeway.
  • Illegally dumping construction debris in the desert.
  • Releasing motor-oil runoff into a storm drain.

Penalties for Criminal Littering

Classification Typical Scenario Potential Penalty*
Class 2 Misdemeanor Most littering under 50 ft from roadway or <300 lbs Up to 4 months jail & $750 fine (+ surcharges)
Class 1 Misdemeanor Destructive/injurious material within 50 ft of highway, beach, or shoreline Up to 6 months jail & $2,500 fine (+ surcharges)
Class 6 Felony Litter exceeds 300 lbs / 100 cubic ft, or dumping for commercial purpose 0.33 – 2 years prison (first offense) & up to $150,000 fine

*Penalties increase if you have prior felony convictions.

Why You Should Take These Charges Seriously

A criminal littering conviction—even a misdemeanor—can carry collateral consequences:

  • Permanent criminal record
  • Higher insurance premiums or job-application hurdles
  • Mandatory community-service or clean-up programs
  • Restitution for environmental damage

Defending Against Littering Charges

Possible defenses may include:

  • Lack of evidence that you discarded the item
  • Ownership or control issues (e.g., material blew off a truck without your knowledge)
  • Mistaken identity or inaccurate license-plate capture
  • Violation of your constitutional rights during stop, search, or seizure

An experienced defense lawyer can review citation details, challenge officer observations, and negotiate for dismissal, diversion, or reduced charges.

Charged with Criminal Littering in Tempe?

Ted Law has extensive experience defending misdemeanor and felony environmental offenses. We will analyze the facts, identify weaknesses in the State’s case, and fight for the best outcome—whether that’s dismissal, reduced penalties, or alternative sentencing.

Call (602) 453-3100 or contact us online for a free consultation. Early intervention can make all the difference.

Tempe Office

2233 W Baseline Rd, Ste C101
Tempe, AZ 85283
Phone: (602) 453-3100

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Every case is unique; consult an attorney for guidance specific to your situation.

 

Facing a Felony in Maricopa County Superior Court?

A-humorous-and-subtly-exaggerated-depiction-of-a-crooked-judge-in-a-courtroom

Ted Law | Tempe Criminal Defense Attorney
Call (602) 453-3100 for a Free Consultation

Being charged with a felony in the Maricopa County Superior Court can be overwhelming. However, understanding how the process works may help ease some of the anxiety. Below is an overview of typical procedures for lower-level felonies in Maricopa County. If you still have questions, reach out to an experienced criminal lawyer in Tempe to discuss your situation and legal options.

Maricopa County Superior Court Procedure

Lower-level felony cases in Maricopa County often follow this roadmap:

  1. Initial Appearance
    Occurs within 24 hours of an arrest or on a date specified by a summons. During the initial appearance, the court will:

    • Inform you of the charges you’re facing
    • Set release conditions (bail, own recognizance, etc.)

    Having an attorney present at this stage is critical because once the release conditions are set, changing them can be challenging.

  2. Regional Court Center (RCC)
    Most cases begin in the RCC (located either downtown Phoenix or in Mesa). At this point:

    • No formal probable cause finding has occurred yet.
    • The standard rules of criminal procedure do not fully apply.
    • Hearings are typically labeled “status conferences” or “non-witness preliminary hearings.”

    Your lawyer may attempt to negotiate a resolution with the prosecutor early on. It’s the policy of the Maricopa County Attorney’s Office to claim that plea offers won’t improve once you leave the RCC, though they may issue different offers later. Often, subsequent offers are less favorable.

  3. Preliminary Hearing / Grand Jury Proceeding
    The State must secure a finding of probable cause to proceed with felony charges. They can:

    • Hold a preliminary hearing where you and your lawyer can attend and cross-examine witnesses.
    • Convene a grand jury in secret, with no right for you to be present.

    In both scenarios, the outcome depends on whether it appears probable that a crime was committed and that you committed it.

  4. Arraignment
    Similar to the initial appearance, the court formally presents the charges now established by probable cause (via preliminary hearing or indictment). The court sets upcoming hearing dates. Some cases skip straight to this stage if the State used a grand jury indictment from the start.
  5. Initial Pretrial Conference (IPTC)
    The first hearing in front of a commissioner after leaving the RCC. It’s a procedural check to ensure compliance with criminal procedure rules. In some instances, the State might extend a plea offer here.
  6. Comprehensive Pretrial Conference (CPC)
    The first hearing in front of the case management judge, aimed at addressing discovery or evidentiary issues. This judge typically guides the case from this point forward.
  7. Final Trial Management Conference
    The court confirms whether both parties are ready for trial. Important deadlines hinge on this date.
  8. Master Calendar
    On the trial date, the case is assigned to a trial judge. Although the case management judge normally has priority, reassignment can occur if needed.

Additional hearings—such as evidentiary hearings, oral arguments, complex case management conferences, changes of plea, and status conferences—may also arise. Each case is unique, but these steps provide a general structure for Maricopa County felonies.

What to Do If You Are Facing Charges in Maricopa County Superior Court

If you’re dealing with felony charges in Maricopa County, you need aggressive and experienced representation. The consequences of a felony conviction can be severe, affecting every area of your life—from employment to housing. Don’t face this process alone.

At Ted Law, we have extensive experience defending individuals in felony proceedings. We offer free consultations for Maricopa County Superior Court cases.
Call (602) 453-3100 or contact us online to schedule your free consultation. The sooner you reach out, the sooner we can work on securing the best possible outcome for your case.

Disclaimer: The information provided here is for educational purposes and does not constitute legal advice. For advice specific to your circumstances, please consult a qualified attorney.

 

Tempe, Arizona—home to Arizona State University—is a vibrant college town. However, its proximity to a bustling nightlife and social scene sometimes puts students and residents at risk of facing drug possession charges. If you find yourself accused of possessing illegal substances, it’s essential to understand your rights under Arizona law and the best ways to protect your future. Below is an in-depth look at what you need to know and the steps you can take to navigate this challenging situation.

A realistic and serious depiction of a teenager caught with drugs in a school setting. The teenager, dressed in casual school clothes, looks nervous


1. Understanding Drug Possession Charges in Arizona

Arizona has some of the strictest drug laws in the country. Penalties can vary depending on factors such as:

  • Type of Substance: Charges differ for marijuana, prescription drugs, narcotics, or more dangerous substances like methamphetamine.
  • Quantity: Possessing a small personal-use amount may result in lesser charges than possessing a large quantity that suggests intent to distribute.
  • Criminal History: First-time offenders may qualify for diversion programs, while repeat offenders face tougher penalties.

Under Arizona Revised Statutes—particularly Title 13—drug charges can lead to fines, community service, probation, or even significant jail time. Understanding the exact nature of your charges is crucial to building a proper defense.


2. The Impact on College Students at ASU

If you’re an Arizona State University (ASU) student, you have additional concerns beyond the legal penalties:

  • Academic Consequences: Students may face disciplinary actions from ASU, including suspension or expulsion.
  • Housing Restrictions: A drug-related offense might jeopardize on-campus housing or violate lease agreements in off-campus residences.
  • Financial Aid & Scholarships: Certain grants, loans, and scholarships can be lost if you are convicted of a drug-related offense.
  • Career Outlook: Many employers conduct background checks, so a conviction can significantly limit future employment opportunities or professional certifications.

3. Why You Need Legal Representation Immediately

Facing drug charges without professional help can lead to severe outcomes. A dedicated Tempe criminal defense attorney can:

  1. Explain the Charges
    • Clarify your rights, possible defenses, and potential legal outcomes.
  2. Protect Your Rights
    • Law enforcement may use statements you make against you. A lawyer ensures you don’t unintentionally incriminate yourself.
  3. Negotiate with Prosecutors
    • Skilled negotiation can sometimes result in lesser charges or alternative sentencing (such as a drug diversion program).
  4. Challenge Evidence
    • Your lawyer can question the legality of search and seizure procedures or point out flaws in lab tests.
  5. Pursue Alternatives to Conviction
    • For first-time offenders, programs like TASC (Treatment Assessment Screening Center) or drug court may be available, helping you avoid a permanent criminal record.

4. Your Action Plan: Handling a Drug Possession Arrest

  1. Stay Calm and Polite
    • Do not argue with the arresting officer or resist arrest, as it can worsen the situation.
  2. Use Your Right to Remain Silent
    • Politely but firmly let officers know you will not answer questions without an attorney present.
  3. Request an Attorney Immediately
    • Call Ted Law at (602) 453-3100 or contact a trusted criminal defense lawyer. Time is critical; the sooner you have representation, the stronger your defense can be.
  4. Avoid Discussing Your Case
    • Refrain from talking about the charges with anyone other than your lawyer—this includes social media, text messages, and phone calls from jail.
  5. Follow Your Attorney’s Guidance
    • Your lawyer will advise you on court appearances, evidence collection, and statements. Stick to the plan to achieve the best possible outcome.

5. Potential Defenses & Outcomes

  • Unlawful Search or Seizure: If the evidence was obtained without a valid warrant or probable cause, it might be excluded from court.
  • Lack of Knowledge: You may argue you were unaware of the drugs in your vicinity (e.g., someone left them in your car).
  • Entrapment: In rare cases, you might claim law enforcement induced you to commit the offense.
  • Diversion Programs: First-time offenders who meet specific criteria may have charges reduced or dismissed upon successful program completion.

Each situation is unique, and the best defense depends on the specific details of your case.


6. How Ted Law Can Help

At Ted Law, we have experience defending ASU students and Tempe residents facing drug charges. We recognize the high stakes—academic, financial, and personal—that come with a drug conviction. Our firm offers:

  1. Customized Strategies: We tailor a defense approach that suits your case, focusing on your unique circumstances.
  2. Proactive Communication: We keep you informed, promptly answering questions and clarifying legal procedures.
  3. Aggressive Advocacy: Whether negotiating a plea deal or fighting in court, we work tirelessly to preserve your rights and future.

7. Don’t Let a Drug Charge Derail Your Future

A drug possession charge does not have to define your life. With the right legal representation and a well-crafted defense, you can protect your education, career prospects, and personal reputation.

Call Ted Law at (602) 453-3100 or reach out online for a free consultation. We’re available 24/7 to discuss your rights, walk you through your legal options, and start building a robust defense tailored to your needs.


Disclaimer: This content is provided for informational purposes only and does not constitute legal advice. For guidance specific to your circumstances, please consult an attorney.

When facing criminal charges in Tempe, Arizona, you have more options than simply challenging the prosecutor’s evidence. Under Arizona law, there are two primary categories of defenses—affirmative defenses and justification defenses—that can significantly impact the outcome of your case. Below is an overview of both, along with how they could play a crucial role in protecting your rights and freedom.

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1. Affirmative Defenses

Under A.R.S. § 13-205, defendants raising an affirmative defense must prove it by a preponderance of the evidence—a lower standard than the State’s burden to prove guilt beyond a reasonable doubt, but a burden on the defendant nonetheless.

Common Affirmative Defenses in Arizona

  • Entrapment
    You claim law enforcement coerced or induced you into committing a crime you otherwise would not have committed.
  • Lack of Sexual Interest
    Typically used in certain sex crime cases where demonstrating a lack of sexual intent is pivotal.
  • Inoperable Firearm
    In Misconduct Involving Weapons cases, showing a firearm could not function may negate certain weapons charges.
  • Using a Drug as Prescribed
    In DUI cases, demonstrating you were following legitimate medical advice when using a prescribed substance can be a viable defense.

Because affirmative defenses shift the responsibility of proof to you, it’s critical to have knowledgeable legal counsel who can gather compelling evidence and present a persuasive argument in court.


2. Justification Defenses

Unlike affirmative defenses, justification defenses in Arizona do not require you to prove anything. Under the updated language of A.R.S. § 13-205, once there is any evidence supporting a justification defense, the State must prove beyond a reasonable doubt that you were not justified.

Common Justification Defenses

  1. Self-Defense
    Claiming you used force to protect yourself from imminent bodily harm.
  2. Defense of Property
    Arguing your force was necessary to prevent illegal interference with your possessions.
  3. Defense of a Third Party
    Intervening on someone else’s behalf to stop immediate harm or threat.
  4. Use of Force in Crime Prevention
    Taking necessary action to halt the commission of a serious criminal act.
  5. Duress
    Showing you were coerced into unlawful conduct by immediate threats of harm or death.

Once your attorney introduces enough evidence to warrant one of these defenses, prosecutors must overcome it by demonstrating beyond a reasonable doubt that your actions were not justified.


Why These Defenses Matter for Tempe Residents

Tempe is home to a diverse community, including students from Arizona State University, longtime residents, and tourists. Whether you are a local or a visitor, being arrested for a crime can be overwhelming. If you’re faced with serious allegations—ranging from DUI to assault to weapons charges—either an affirmative or justification defense may be a game-changer in your case.

Key Points

  • Burden of Proof: Affirmative defenses require you to prove key facts; justification defenses shift the burden back to the prosecution.
  • Legal Nuance: Properly invoking these defenses demands knowledge of Tempe court procedures and Arizona statutes.
  • Potential Outcomes: A well-argued defense can lead to reduced or dropped charges, minimizing or eliminating penalties that could affect your future.

Building a Strong Defense Strategy

Defending against criminal charges in Tempe goes beyond just claiming innocence. You need a well-rounded approach that may incorporate:

  1. Factual Investigation: Gathering police reports, surveillance footage, witness statements, and any other evidence that supports your defense.
  2. Statutory Analysis: Examining Arizona’s criminal codes to identify potential affirmative or justification defenses.
  3. Courtroom Advocacy: Presenting arguments convincingly before a judge or jury, ensuring they understand how the law applies to your situation.

Contact Ted Law in Tempe, Arizona

If you’re facing criminal charges and believe an affirmative or justification defense could apply to your case, don’t go it alone. Attorney Theodore Agnick at Ted Law has extensive experience navigating Arizona’s criminal justice system, including Tempe’s local courts. Our firm is committed to protecting your constitutional rights and fighting for the best possible resolution.

  • Free Consultation: Learn about your legal options at no cost.
  • Client-Focused: We offer personalized attention and open communication from start to finish.
  • Available 24/7: We understand emergencies happen day or night.

Call (602) 453-3100 or reach out online to schedule a confidential, no-obligation consultation. We’re here to help you mount the strongest possible defense, ensuring your side of the story is heard and your rights remain protected.


Disclaimer: This article is for informational purposes only and does not constitute legal advice. For counsel specific to your situation, consult a licensed attorney.