Category: Arizona Search and Seizure Law

26Oct
Felony Charges for Marijuana Trafficking – Mesa, AZ – The Naegle Law Firm

Marijuana transport and production are sentenced according to the marijuana trafficking guidelines under Arizona law. In general, this will mean a felony on your record if you are convicted. You may also face steep fines, drug rehab that you must pay for, and jail or prison time. 

In some cases, however, you may be able to work with a Mesa marijuana lawyer in order to have that felony charge reduced or even thrown out entirely. This will depend very much on the other factors in your case, and you should contact Charlie Naegle, criminal defense attorney with any specific questions about your case. 

In general, for the production of marijuana, you may be charged with:

  • A class 5 felony for less than 2 pounds of marijuana
  • A class 4 felony for 2 to 4 pounds of marijuana
  • A class 3 felony for 4 or more pounds of marijuana

In general, for transporting or importing marijuana in Arizona, you may be charged with:

  • A class 3 felony for transporting or importing less than 2 pounds of marijuana
  • A class 2 felony for transporting or importing more than 2 pounds of marijuana 

If you have been arrested for marijuana trafficking in Arizona, contact Charlie Naegle, experienced Mesa drug offense attorney today at 602-663-9958. At The Naegle Law Firm we will help you understand what your charges mean and answer your questions clearly and honestly. You can trust us to defend your rights, explain what happens next, and always fight hard for the best outcome in your marijuana case. 

24Oct
CRIMINAL LAW – MESA, AZ – THE NAEGLE LAW FIRM

What Happens if I Consent to a Drug Search in Arizona?

The majority of searches conducted without a warrant in Arizona are searches conducted with consent. If you consent to a search, the police do not have to have probable cause to search you, your home, or your vehicle, and they can use any evidence they find during the search against you in court. As a Mesa criminal attorney, I have a great deal of experience with the law surrounding consent searches and felony drug crimes in Arizona. If you have been arrested for drug possession in the Phoenix area after a consent search, I want you to know that you may still have options.

Do I Have Options after a Consent Search Leads to My Arrest?

The law regarding warrantless searches can be very complicated, and even a search you consented to may not be admissible in certain circumstances, such as:

  •          You didn’t have authority to consent to the search.
  •          You asked the officers to stop searching and they did not.
  •          You weren’t old enough to consent to a search.
  •          You were under the influence of alcohol or drugs.
  •          You have a medical or mental health issue that interferes with your ability to give consent.
  •          You were coerced or threatened into giving consent.

If you have questions about your rights after a consent search, speak with a Mesa criminal lawyer as soon as possible about your case. Here at The Naegle Law Firm we would be happy to meet with you in a completely free, no-obligation consultation and start building a strong case in your defense. Give us a call today at 602-663-9958. We’re here to help you!

06Jun
The Fourth Amendment: When Do the Police Have the Right to Search and Seize in Arizona?

The Fourth Amendment: When Do the Police Have the Right to Search and Seize in Arizona?

Another interesting case is being heard next week in the U.S. Supreme Court. On December 5th, the justices will hear oral arguments in a fourth amendment case, Messerschmidt v. Millender. The case concerns search warrants and immunity for a police officer who executes a warrant that later turns out to lack probable cause. Ms. Millender claims that Detective Messerschmidt should have never executed a warrant to search her home and take her legally possessed firearms because neither had anything to do with the crime being investigated. She claims that detectives should have only been looking for her son, who was wanted in connection with a crime involving a deadly weapon. Her son did not live at the residence.

It will be interesting to see what the court says regarding the matter but this also brings up a question regarding Arizona Criminal Defense Law – What are the search & seizure laws in Arizona? Are police allowed to enter your home? In Arizona, the fourth amendment prohibits a police officer from entering your home without authority of law, which means a warrant. The only exceptions are if it is an emergency situation or if they have your consent.

So should you let officers in if they want to interview your son or daughter? What about if they want to search their room? You are well within your rights to ask to see a warrant. If the Arizona police officers are unable to do so, you may ask them to leave the property. It would be advisable at that time to contact an Arizona Criminal Defense Attorney to learn more about your rights are if in fact they produce a warrant and come to your home again. In the case where the officers ask to interview your son or daughter, you may ask them to return at a later date or time when you, you child and your Arizona juvenile criminal defense attorney can be present. If you allow police to enter your home without a warrant, any contraband in plain site can be seized without a warrant and used as evidence in a Arizona criminal proceeding.

Don’t feel like you have to answer all of the officer’s questions but above all remain respectful and do your best to find out the background information on the investigation involving your child. Always remain calm and poised no matter if you decide to let the officers enter your home or not.

If you have any questions about the content of this blog or if you feel like your rights were violated in a situation involving search and seizure in Arizona, contact Arizona juvenile defense attorney, Charlie Naegle, for a free consultation where you will go over the facts of your case and your options. Call the Naegle Law Firm now or use the webform below to request a free, anytime, anywhere consultation.

30Nov
Understanding the Fourth Amendment: When do the police have the right to search your home in Arizona?

Another interesting case is being heard next week in the U.S. Supreme Court. On December 5th, the justices will hear oral arguments in a fourth amendment case, Messerschmidt v. Millender. The case concerns search warrants and immunity for a police officer who executes a warrant that later turns out to lack probable cause. Ms. Millender claims that Detective Messerschmidt should have never executed a warrant to search her home and take her legally possessed firearms because neither had anything to do with the crime being investigated. She claims that detectives should have only been looking for her son, who was wanted in connection with a crime involving a deadly weapon. Her son did not live at the residence.

It will be interesting to see what the court says regarding the matter but this also brings up a question regarding Arizona Criminal Defense LawWhen do the police have the right to search your home in Arizona? Are police allowed to enter your home without your consent? In Arizona, the fourth amendment prohibits a police officer from entering your home without authority of law, which means a warrant. The only exceptions are if it is an emergency situation or if they have your consent.

So should you let officers in if they want to interview your son or daughter? What about if they want to search their room? You are well within your rights to ask to see a warrant. If the Arizona police officers are unable to do so, you may ask them to leave the property. It would be advisable at that time to contact an Arizona Criminal Defense Attorney to learn more about your rights are if in fact they produce a warrant and come to your home again. In the case where the officers ask to interview your son or daughter, you may ask them to return at a later date or time when you, you child and your Arizona juvenile criminal defense attorney can be present. If you allow police to enter your home without a warrant, any contraband in plain site can be seized without a warrant and used as evidence in a Arizona criminal proceeding.

Don’t feel like you have to answer all of the officer’s questions but above all remain respectful and do your best to find out the background information on the investigation involving your child. Always remain calm and poised no matter if you decide to let the officers enter your home or not.

If you have any questions about the content of this blog or if you feel like your rights were violated in a situation involving search and seizure in Arizona, contact Arizona juvenile defense attorney and Arizona criminal law attorney, Charlie Naegle, for a free consultation where you will go over the facts of your case and your options. Call the Naegle Law Firm now at 602-663-9958 or use the webform below to request a free, anytime, anywhere consultation.