I had no more than 2 grams og marijuana and a pipe in my luggage boarding a plane leaving PHX AZ. A police officer informed me that it was found, confiscated it and told me he had to file a report, but I was free to go, and that I shouldn't do this again. This was over a year ago (15 months prior) and I have just received a summons. How serious is this situation?
Domestic Violence Lawyer
I am assuming the summons was to appear in the Superior Court. If so, then you have been charged with two, class 6 felonies. Potential prison time would be up to two years. Realistically, you can't receive any jail on a first conviction for personal possession. The real trick is avoiding the felony conviction, and depending on your criminal history, avoiding any conviction if you are accepted into and complete a diversion/counseling program. You will need to return to Arizona to resolve the matter. Hiring experienced counsel will hopefully result in the best outcome for you with a minimal amount of trips to Arizona. Please call to discuss your case.
Criminal Defense Attorney
As my colleague Mr. Snader correctly informed you, you are facing 2 FELONY criminal offenses. The amount of the marijuana is immaterial (unless it approached 2 pounds), all that the State needs to prove is that it is a "usable quantity." The presumptive, or usual, sentence is 1 year in prison, and up to a $150000 Fine plus surcharges (the ststutory fine applicable to marijuana possession is $750 plus surcharges. Probation IS available (assuming you have no prior, allegable felony criminal history). You may also be eligible for a State-sponsored diversion program, if you successfully complete the educational and drug-testing components of such a program.
Please feel free to contact me through my weblinks listed below if I can be of any further assistance to you.