Marijuana Possesssion + Paraphernalia in AZ

[banksy]

What is the name of your state (only U.S. law)? Phoenix, Arizona

Friend was charged with possession + paraphernalia in Arizona.

The officers stopped the two on a broken tail light, smelled the marijuana, the driver consented to a search of the car. A couple grams were found and a pipe. The driver was cited with possession. The other passenger was cited with possession + paraphernelia for having a pipe with resin on it.

They were not given any tickets, and were both taken to jail and processed before being released.

They were told they would receive a letter in the mail in "no less than 4 months" giving the court date for their arraignment.

The friend of mine was the passenger who was cited with paraphernelia + possession, she has no prior convictions of any kind or any type of criminal history.

I've heard that AZ courts are lenient on first-time offenders. What can my friend do BEFORE or ON the date of the arraignment in order to enter a diversion program to have the charges dismissed/dropped?

Should my friend plead 'not guilty' at the arraignment OR instead tell the judge she requests a deferred prosecution? Or are these two recourses the same thing? This is assuming that a deferred prosecution is not offered up front, in which case my friend will gladly accept. If they plead not guilty, will a pre-trial conference be set up where a deferred prosecution can be requested?

Should my friend sign up for a pre-trial drug classes or wait until post-trial?

Basically, what can my friend do to get a deferred prosecution/diversion and the charges dismissed?

 

[The Occultist]

At the arraignment "your friend" should request a pretrial conference, at which point she will be given a new court date, at which point the option for deferred prosecution will very likely be put on the table. Deferred prosecution entails some fees, attending a drug class, and a [very] light probation, the successful completion of which will result in the dismissal of the charges with prejudice.

If your friend wishes to appear more favorably to the court, she can sign up for/attend the drug class prior to the arraignment.

 

[banksy]

Thank you Occultist

One clarification though: In order to request a pre-trial conference should my friend plea not guilty, by which a pre-trial conference date will be set?

Or should my friend, in place of her plea, outright request a deferred prosecution/diversion program?

 

[The Occultist]

No plea is entered. When asked how you plead, that's when you request the pretrial conference. Then, at the pretrial conference, that is when you discuss your options with the prosecutor.

 

[banksy]

Thank you

Let me get this straight

At the arraignment, the judge or judge's clerk will call your name, ask you whether you want to make a plea or not and you say "no, I want to request a pre-trial conference"

The judge then sets a date for the pre-trial conference, where along with your PD you negotiate with the DA a deferred prosecution.

Is that correct?

Also, why didn't my friend receive a ticket or citation or any written notification of the charges against them? All that happened was they were told they would be mailed a letter with the date of arraignment. Does the letter with the arraignment date contain all charges?

 

[The Occultist]

Thank you

Let me get this straight

At the arraignment, the judge or judge's clerk will call your name, ask you whether you want to make a plea or not and you say "no, I want to request a pre-trial conference"

More or less, that is sort of how things will happen. From what I have seen, the judges usually ask, "Do you plead guilty, not guilty, or would you like to request a PTC?"

The judge then sets a date for the pre-trial conference, where along with your PD you negotiate with the DA a deferred prosecution.

PD as in Public Defender? No, sorry; this charge will result in NO jail time, so the court will not offer any PD. If you would like legal representation, you're going to have to find an attorney yourself.

Also, why didn't my friend receive a ticket or citation or any written notification of the charges against them? All that happened was they were told they would be mailed a letter with the date of arraignment. Does the letter with the arraignment date contain all charges?

The letter will contain the charges along with the summons (ticket, citation, whatever you wish to call it). The state has at least a year to send said letter.