Monthly Archives: June 2012

28Jun
Frequently Asked Questions About Arizona Drug Crimes

Posted by Naegle Law | Posted in AZ Drug Law

Frequently Asked Questions About Arizona Drug Crimes

Drug use seems to be a never-ending problem in Arizona. If you were sitting in one of Arizona’s courts devoted solely to the resolution of drugs cases, the lines would resemble those at Disneyland. It is common for an Arizona court to handle over 100 drugs cases in a day. In practical terms, people are being made into felons for drug charges at an alarming rate. Here are some frequently asked questions about Arizona drug crimes.

What does it mean when the State of Arizona says the drugs were over the threshold amount?

When drugs are possessed in sufficient amounts, Arizona law requires mandatory prison. Each drug has a different specified amount that triggers a mandatory prison sentence. The specified amount is called the “threshold” amount. However, simply because you are found with an amount above the threshold that does not automatically mean you are going to prison. The issues of whether the amount of the drugs found is over the threshold amount is commonly debated and confronted.

What are the most common illegal drugs prosecuted in Arizona?

Marijuana, Hashish, Cocaine, Crack Cocaine, Methamphetamine (meth), Heroin, Opium, LSD, PCP, psilocybin mushrooms, and ecstasy (MDMA).

What does it mean when I am charged with possession for sale by the State of Arizona?

If you have been found in possession of larger amounts of drugs, then the State may claim you possessed the drugs to sell. The most common example is being found in possession of several pounds of marijuana. Law enforcement will inevitably claim that this much marijuana was more than needed for personal use. However, usually more than just mere quantity is needed to support this claim. Law enforcement will look for what they term “indicia of sale.” This usually includes items such as scales, baggies, currency, etc… Unless, of course, the quantity is so great that is not possible that the drugs are for personal use. For example, if you are found with 100 kilos of cocaine, it unlikely that such an amount is for personal use.

What if I was just a passenger in a car in which drugs were found?

There is no crime in Arizona of “guilt by association,” but there is something close to it. Arizona law makes a distinction between ownership and possession of drugs. You do not have to own drugs to be guilty of possession of drugs. In addition, more than one person can posses drugs at the same time. For example, if you are driving a car and a person has drugs in their pocket, it is unlikely that you possessed the drugs. You did not have access to them, nor could you exercise any control over them. On the other hand, if you are driving a car and there is three pounds of marijuana sitting on the consol then it may be determined that both you and the passenger “constructively” possessed the drugs. You both had knowledge and the ability to control the drugs. However, there will still be a debate as to whether you were “merely present” while someone else possessed the drugs – which is not a crime.

Call 602-685-1122 to schedule your free anytime, anywhere consultation with attorney Charlie Naegle. When you hire the Naegle Law Firm, you work directly with Charlie Naegle. For your convenience, you may also use our consultation request form and we will contact you as soon as possible.

21Jun
Arizona Domestic Violence Case Statistics – Criminal Defense Attorney Mesa AZ

Posted by Naegle Law | Posted in AZ Domestic Violence

Arizona Domestic Violence Case Statistics – Criminal Defense Attorney Mesa AZ

According to a recent report in the Tucson Citizen, there were 101 domestic violence related deaths in Arizona in 2011. Of the 101, 59 of the cases involved guns. Not even halfway into 2012, at least 48 people have died because of domestic violence and at least 31 of those were shot to death. In fact, the domestic violence death numbers for Arizona remain at roughly 100 a year, year after year.

According to Arizona law, any violence or crime committed between people who share a residence is considered domestic violence. This includes relationships like a husband and wife, boyfriend and girlfriend, brother and sister, parent and child or anything similar. Domestic violence crimes typically include:

Assault
Aggravated assault
Telephone harassment
Spousal abuse
Criminal damage
Theft or burglary

A death is considered a “domestic-violence death” when a partner or other person in the home kills or is killed. An abuser committing a murder-suicide would be considered two deaths. A death is also counted if a domestic violence abuser is shot during a confrontation with law enforcement.

Because of these horrific numbers, Arizona takes domestic violence calls and reports very seriously. The Phoenix Police Department alone responds to over 14,000 domestic violence calls a year. The Naegle Law Firm understands the significance of these charges and the impact they could have on your future. We also want to do our part in making sure situations do not escalate to the point of death or injury to another.

If convicted on domestic violence charges, you face jail time, fines and more. You will have a criminal record that can impact your ability to get a job in the future.

We are committed to standing up for your rights. If you have been charged with domestic violence or are under investigation, contact us today. The sooner you get a competent attorney on your side, the better chance you will have at fighting these charges and not becoming another Arizona domestic violence statistic.

Call 602-685-1122 to schedule your free anytime, anywhere consultation with Criminal Defense Attorney Mesa AZ Charlie Naegle. When you hire the Naegle Law Firm, you work directly with Charlie Naegle. For your convenience, you may also use our consultation request form and we will contact you as soon as possible.

18Jun
Possession of Drugs for Sale – Criminal Defense Attorney Mesa AZ

Posted by Naegle Law | Posted in AZ Drug Law

Possession of Drugs for Sale – Criminal Defense Attorney Mesa AZ

Criminal charges for possession of drugs for sale are very serious charges in Arizona. Those found guilty of this type of drug crime can find themselves behind bars, in prison, for a very long time.

For simple drug possession charges, convicted individuals are ordered to pay a $2,000 fine or three times the value of the seized drugs, whichever amount is greater.

Learn more about Arizona Drug Possession Charges in Arizona.

To give yourself the best possible defense in court against Arizona criminal drug charges, make sure you have a criminal defense attorney by your side. Arizona Criminal Defense Attorney, Charlie Naegle of The Naegle Law Firm, will at fight for you and your cause in court. For more information or to schedule a free, confidential consultation, call 602-663-9958 or use the consultation request form located throughout the website. Work with a criminal defense firm where you are treated like an individual, not a number.

15Jun
Is a DUI a Misdemeanor or a Felony? – DUI Attorney Arizona

Posted by Naegle Law | Posted in AZ DUI Law

Is a DUI a Misdemeanor or a Felony? – DUI Attorney Arizona

Under Arizona DUI law, driving under the influence is typically charged as a misdemeanor. However, an aggravated DUI or an extreme DUI can both be charged as a felony. Here are a couple situations that can prompt charges for a felony DUI instead of a misdemeanor DUI:

There was a child under the age of 15 in the car at the time of the DUI arrest
Prior DUI convictions on criminal record
Driver’s license suspended or revoked at the time of their DUI arrest
Arrested for a DUI after a judge required use of an ignition interlock device.

Learn more about different Arizona DUI charges here from a DUI Attorney Arizona.

If you’ve been charged with a felony for driving under the influence in Arizona, Arizona Criminal Defense Attorney Charlie Naegle of the Naegle Law Firm can help defend you against those serious charges. Charlie Naegle knows how to negotiate with the prosecution and will fight tirelessly to make sure that your rights are protected in Arizona DUI court.

Call 602-663-9958 to schedule your free anytime, anywhere consultation with DUI Attorney Arizona, Charlie Naegle, or use the form found on the website and Charlie will be in touch with you shortly. When you hire the Naegle Law Firm, you work directly with Charlie Naegle. Work with a firm where you are treated like an individual, not a number.

13Jun
DUI For Drugs In Arizona – DUI Attorney Arizona

Posted by Naegle Law | Posted in AZ DUI Law

DUI For Drugs In Arizona – DUI Attorney Arizona

In Phoenix , Arizona or any of its surrounding metropolitan cities (Mesa, Gilbert, Tempe, Chandler, Glendale, Avondale, etc.), a DUI for drugs charge is a serious offense and should be taken very seriously.

If convicted, a number of things can happen including having your driver’s license revoked for a year. Consulting with a DUI Attorney Arizona is the best thing you can do if you find yourself facing a DUI for drugs charge because the punishments vary so greatly from court to court and judge to judge. Contact a DUI Attorney Arizona as soon as possible to discuss your possible defenses and what you may be facing if you represent yourself in court.

When talking about DUI for drug charges, it’s important to remember that there are some drugs that can stay in your system for days. Marijuana, for instance, can stay in your system for 30 days or more. As a result, a DUI Attorney Arizona will be able to review your case and look for any possible holes in the case against you and determine what was actually affecting your driving at the time you were stopped. With an experienced Arizona DUI attorney on your side, you’ll be represented fairly and accurately in court.

Learn more about DUI and DWI charges from a DUI Attorney Arizona.

If you’ve been charged with a DUI or driving under the influence of drugs in Arizona, contact DUI Attorney Charlie Naegle for a free consultation. Work with a firm where you are treated like an individual, not a number.

Call 602-663-9958 to schedule your free anytime, anywhere consultation with DUI Attorney Arizona, Charlie Naegle, or use the form found on the website and someone will be in touch with you shortly. When you hire the Naegle Law Firm, you work directly with Charlie Naegle.