Caught with Marijuana in Arizona, PLEASE Advise

What is the name of your state (only U.S. law)? I was caught in Yuma, Arizona, and currently reside in New York State.

Hello,

My name is Robert, I am 21 years old, and have some questions about Arizona law that I am hoping someone will be able to answer.

Back Story: I recently began a road trip from Southern California to New York state, where I would then be residing permanently. I smoke marijuana daily. I was driving with all my possessions in my car. Upon entering Arizona, I was stopped and caught at a Border Patrol Checkpoint with just under 2 ounces of marijuana (50.0 grams), 1.5 grams of hash, 1 bong, and 2 small pipes.

While waiting in line at the checkpoint, drug dogs alerted the patrolmen of the marijuana in my vehicle. I was told to move to secondary. I denied any consent to searches, but was told that the drug dogs alert was probable cause, as expected. I was asked to step out of the vehicle so it could be searched.

Patrolmen then searched my entire vehicle and found marijuana (50 grams), hash (1.5 grams), and paraphernalia (3 counts). I was read my rights, afterword asking, "Am I being arrested?" The patrolmen responded, "As of right now..." Once they had found all of the above materials, I vocalized that they had found everything illegal in the vehicle, and they did not find anything else following.

I was then moved to a portable for questioning. I admitted that all illegal items were mine and were for personal use. There was obviously no intent to sell as I had no scale, no baggies, and everything was UN-hidden and simply placed in the car as if it was normal luggage. I answered several questions about the type of marijuana, the cost (~$500.00), the location where I purchased it, etc.

Initially, the hashish was not evident. It was not until the point where they were weighing the marijuana that they found the baggie containing 1.5 grams of hash. At that point, things seemed to turn more serious, as expected. From my point of view, it was then that the Border Patrol turned to the only local county officer on site, the Yuma County Sheriff, for his opinion and decision on the matter.

For the next half-hour/hour, the Sheriff continued to question me about my personal life, my education, my criminal history (none) and my drug history. I responded to all questions politely and in an educated manner. He also checked for warrants, which I did not and never have had. He made sure I was aware of the 3 counts of felonies that I could be facing and their consequences.

After what seemed like much speculation and discussion, he then asked me to stand up, and proceeded to tell about a policy called a "Longhorn," for which he writes and sends a report to the county D.A., and if he/she so pleases, can charge me with what they feel I deserve. He told me that I would be notified by mail if I was to be charged. Also, that I would have to appear in court or have an attorney appear for me. He then walked me to my car, gave me back my license, and let me continue towards my destination.

What they did/did not do:

- They made a copy of my drivers license AND I gave them my new address
- They took down my current phone number
- They did NOT fingerprint me
- They did NOT give me a citation
- They did NOT make me or ask me to sign ANYTHING
- They did NOT give me a card with the D.A's or Sheriff name/number
- They did NOT give me a copy of the report

My questions are not so focused around the charges which I could be facing, as I have done handfuls of research on Arizona drug laws and read a number of cases similar to mine. I am aware of the consequences.

What I am more concerned is whether or not the Arizona "Longhorn" is a real process or not. Has anyone heard of this process? Can I be freely let go without citation or signature, and still be charged? I have searched extensively for information on the "longhorn" and could not find anything to the slightest degree.

I have spoke with a number of people who feel that the Sheriff was out to "pull my leg," but none of which are legal representatives, and none of which have settled my EXTREME anxiety on the matter. I know legal forums are not much of a better consultant, but I would rather not pay for a true legal consultation until I have confirmation of a charge, and ANY information helps.

I am not a bad person. I attend college full-time, have a high G.P.A., have held steady jobs since I was 16, have no criminal record of ANY kind, and enjoy smoking marijuana.

If anyone has any information on the Arizona "Longhorn," I would greatly appreciate your input/advice. I am VERY concerned, and do not want my personal life nor my education to be affected by such a charge. Please, if ANYONE has ANY knowledge which can help, I would appreciate it more than you know.

Thank you so very much,

Robert

okay robert.

lets start with....marijuana is illegal. transporting marijuana over state lines, is a felony. not a good thing.

they should have gotten your new address. and your phone number. so that is good.

they are not required by law to fingerprint you right then and there.

they are not required to give you a citation right then and there. they have a certain amount of time in which they can mail it to you. (like to your new address)

they are not required to ask you or force you to sign anything.

they are not required by state law to issue you ANYONE'S business card.

you were released. you want a copy? go back and request one. i'm sure you were not the only person they arrested that day, therefore not the only one they had to write up a report on. hence, you can get it later.

Isis1 said:

they are not required to give you a citation right then and there. they have a certain amount of time in which they can mail it to you. (like to your new address)

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This is what I am looking for. Would you happen to know the Statute of Limitations for such a charge?

Do you have any other opinions on the matter?

Again, Thank you.

Do you think they just ripped you of all your stash?

smokster said:

This is what I am looking for. Would you happen to know the Statute of Limitations for such a charge?

Do you have any other opinions on the matter?

Again, Thank you.

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offhand...it's usually about one year.

i'm still looking to anything pertaining a "longhorn law". the only thing i have coming up on google is the new immigrations laws at this point...

looks to me like someone didn't want to make any mistakes on charging you correctly and wants to let the DA make the best case possible against you. that was my take on it.

They have at least one year to mail your citation to you, and, depending on what charges the DA think might be able to stick, you could be looking at up to three years of waiting for the citation. My guess is you'll get it in around 6 months.

OP, is it possible they were saying long ARM statute?

Isis1 said:

OP, is it possible they were saying long ARM statute?

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very possible.

I did some quick searching but couldnt find anything in a jargon which I completely understood. (still looking...)

what kind of situation would that put me in?

I would almost guarantee he said long arm statue. Not long horn statue.. They are letting you know they can get you even when you get back to NY.

You were caught by the Border Patrol? Since you were caught by the border patrol, you face federal drug charges. The will write a report and refer it to the US attorney and they very likely will charge you with several offenses.

If this did turn out to be a state issue, you would still face several charges on that level.

NO citation or signed promise to appear is usually required. A court date is likewise not required. they could mail you a court date or they could file a declaration of probable cause and get a warrant for your arrest from the judge.

StevenJ_420Law said:

I would almost guarantee he said long arm statue. Not long horn statue.. They are letting you know they can get you even when you get back to NY.

You were caught by the Border Patrol? Since you were caught by the border patrol, you face federal drug charges. The will write a report and refer it to the US attorney and they very likely will charge you with several offenses.

If this did turn out to be a state issue, you would still face several charges on that level.

NO citation or signed promise to appear is usually required. A court date is likewise not required. they could mail you a court date or they could file a declaration of probable cause and get a warrant for your arrest from the judge.

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to the best of my knowledge, the end result was placed in the Yuma Sheriff's hands, and it was him that told me the report would be sent to the local D.A. Hopefully that means the Arizona d.a, and not a federal d.a. at a local court.

to expand on the latter portion which i put in bold in your quote.... so i could be issued a warrant for arrest without any notice of charges or court date by mail?

EDIT: not to jump the gun, or that i am considering not attending by any means, but does anyone have an opinion of the possibility of extraditing someone on charges like this from NY to AZ?

Extradition will likely depend on whether they charge you with a felony or a misd.

Your charges seem very misdemeanorish to me, but I wouldnt have any idea how they might charge you there. Someone else might though.

If you dont take care of this, you can bet on a warrant, once charged. At least its probably state stuff.

StevenJ_420Law said:

Extradition will likely depend on whether they charge you with a felony or a misd.

Your charges seem very misdemeanorish to me, but I wouldnt have any idea how they might charge you there. Someone else might though.

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AZ is odd. By the books, they are the most strict state on marijuana in the US.

Technically, and as the Sheriff told me, I could be faced with 3 counts of felony.

One for having "under 2 lbs" (yes lbs!), and that is the minimal charge for possession, no matter if its 2 grams or 2 ounces.

Another for bring it INTO Arizona.

And another for the Hash, obviously.

But on top of that, Ive read case after case of first time offenders (especially students) getting off with a fine, probation, and drug classes.

StevenJ is mostly correct on his advice here.

As long as it remains federal, you don't really have much stress to worry about.

If, however, you are correct and that it is being run through Yuma, then things get trickier. A court appearnace WILL be required (if you were told an attorney can appear on your behalf, then I'm sure it's true, but do note that I have not seen this successfully happen, except as a means of buying some time).

You are correct that AZ tends to be amongst the most harsh in doling out punishment, but when it comes to dealing with the first-time offender of a non-violent crime (such as the situation you've found yourself in), AZ does tend to be QUITE lenient. Whether or not this leniency will be applied towards you, one who does not actually live in the state/pay taxes to the state, I could not say.

As StevenJ suggested, this charges are felony charges, but, again (with regards to the whole first-time offender thing), they virtually always drop it down to misdemeanor (or lesser). Under normal circumstances, I would say you have nothing to worry about beyond some fines, but your out-of-state residency complicates matters just enough that I say you absolutely need to give serious consideration to retaining a local attorney (local meaning local to the court that will be hearing your case). I understand you may not be in the area now, so now is the time to start making phone calls to the appropriate attorneys to see what insight they may be able to give you.

Oh, and not that this will help or hurt anything, but I feel it fair to warn you, Yuma has been amongs the toughest counties in the state to be enforcing these drug laws. No matter what happens, I ask that you please keep us enformed, both to help others that find themselves in a similar situation, and to us, so that we might better advise others who come here seeking advice.

smokster said:

If anyone has any information on the Arizona "Longhorn," I would greatly appreciate your input/advice. I am VERY concerned, and do not want my personal life nor my education to be affected by such a charge. Please, if ANYONE has ANY knowledge which can help, I would appreciate it more than you know.

Thank you so very much,

Robert

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If you heard a term as such, it probably was LongARM a stated. Even if so, he is just scaring you. The "LongArm of the law" has no practical application here.

You were accused of 3 felonies, yet he let you walk out, no bail??

Seems very odd??

IF it was LongHorn, it was probably local legal vernacular/case name attributed to it for some type of procedure. Even if it was Longhorn, it means nothing to worry about.

This directs me to the above again, 3 Felonies, yet you walked out?

BOR said:

If you heard a term as such, it probably was LongARM a stated. Even if so, he is just scaring you. The "LongArm of the law" has no practical application here.

You were accused of 3 felonies, yet he let you walk out, no bail??

Seems very odd??

IF it was LongHorn, it was probably local legal vernacular/case name attributed to it for some type of procedure. Even if it was Longhorn, it means nothing to worry about.

This directs me to the above again, 3 Felonies, yet you walked out?

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3 counts of felony. and yes, i walked away clean, for now.

just under 2 ounces, 1.5 grams of hash, and 3 pieces of paraphernalia.

i was told (recently by a legal friend) that Long-Arm statutes can ONLY be applied to civil cases, and since this is a criminal matter, there is no way AZ can have any personal jurisdiction over me.

Can anyone confirm this or share their opinion on the matter?