Am I screwed? Help please

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

Last night I was arrested, more detained really, because the cops found some weed I had. It was less than a gram but they cuffed me anyway and put me in their squad car for 5-10 minutes while they talked on the front hood of the car. After their chit chat they let me out, uncuffed me and let me go. They didn't fill out any paperwork nor did I sign anything. But they did say I was getting a marijuana charge, would have to go on task, etc etc. Marijuana possession is a felony here in Arizona and I know they take it really serious, so that's why I'm not buying that I just got off like that. Are they allowed to send you the ticket or whatever you get for a felony in the mail? Or do you have to be there and see them fill out the paperwork, sign it, and receive your own copy? And when the hell am I gonna find out if I'm actually screwed or not? Thanks

Arizona has got some VERY broad sentencing guidelines for marijuana posession. The lowest posession charge you can get is classified as less than 2 LBS. The judge has sole discretion to determine whether simple possession of up to 4 LBS is to be charged as a misdemeanor or as a felony. Posession of less than 2 LBS is punishable by a jail term of 6-18 months. However, all cases of posession for personal use are eligible for a sentence of probation.

You are obviously on the low end of the spectrum posessing only a gram, and I would wager that probation is the most likely outcome, especially if it is your first offense. Probation would involve some sort of drug education program, drug testing, and possibly a fine ranging from $750 - $150,000 (probably MUCH closer to the $750 side)

However, this would all be ultimately up to the judge and the prosecuting attorney. I would recommend securing legal counsel if you can afford it. I don't know much about the law in Arizona, but the whole no paperwork thing sounds a little fishy. If you can't afford one, wait for your court date and ask for one then. I would imagine that you will most likely get a plea bargain for a fairly lenient sentence, and doubt you will see any jail time.

Edit - I've never heard of sentencing guidelines that broad before. While highly unlikely, you could get caught with a loaded bowl and get a felony, 18 months in prison, and a $150,000 fine. Alternatively, you could get nailed with a kilo, and get let off on misdemeanor probation and a small fine. STRANGE.

zjb's advice is only partially correct, and what is correct only applies to adults. You mentioned TASK, so I must ask: how old are you (this is important)? If you are a minor vs an adult, all the rules change drastically. Please specify your adult status.

Out of curiosity, what was I incorrect about?

I checked four or five sources, and all of them had similar information to this : Arizona Marijuana Laws for Possession, Growing, Selling | CriminalDefenseLawyer.com

zjb1988 said:

Out of curiosity, what was I incorrect about?

I checked four or five sources, and all of them had similar information to this : Arizona Marijuana Laws for Possession, Growing, Selling | CriminalDefenseLawyer.com

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Well, I'll admit to having gone through the process myself many years ago. And my research from the time, and the following experience, somewhat disagree with you. On paper, yes, you are absolutely right. In practice, however, that is not what happens.

You brought up the judge's discretion, and while you are correct, on paper, the fact is that these issues will never reach a judge beyond asking the defendant how he pleas, and in most such cases, before the defendant can enter a plea, will offer the chance at a PTC. When the defendant accepts this (and I did say "when" and not "if"), he will be given a new "court date", where he will meet with the DA (or ADA, or whatever other lackeys are roaming around) and will be offered the terms of his deferred prosecution, and the office will take care of the rest of the legal work and the defendant will likely NOT see the judge again.

You are correct on probation, and correct on drug classes, but incorrect on drug testing. For adults, this action will NOT include drug testing for a first-time offense, ESPECIALLY for such a low amount of the illicit drug. Most people entered into the deferred prosecution program never actually meet their probation officer, and many times will not even speak over the phone with them more than twice (once entering in, and once leaving, and even that last one is a "maybe" as many PO's in the state don't like to waste their time making a phone call for somebody that doesn't "belong" to them anymore). And as far as the fees you came up with? Absolute worst case scenario. Closer to $300 is the average.

Once in this stage, the judge has nothing to do with it (not just an AZ thing, but a legal thing in general: once a plea bargain has been issued, the judge is NOT part of the process any longer), so this is NOT up to the judge, it's all up to the DA's office.

Not only is legal counsel not required in AZ for this process, it's pretty much a complete waste of money (unless you plan on fighting the whole thing to get completely off). You are right about your doubt for jail time, since AZ will not issue jail time until strike 3 for marijuana.

I noticed your information came from websites that seem to be advertising attorneys. Sounds like the information you received is a set of scare tactics set out to ensure that people use their services. Again, their information is correct, according to the letter of the law, but that is just not how it is actually done.

But, as I mentioned before, all of this bickering is utterly useless. Both what you and I are discussing is the application of these laws to adults. It's a COMPLETELY different matter when applied towards minors, and it is very likely the OP is a minor due to his mention of TASK. If he is indeed a minor, then what you and I think we know won't really matter as the OP is in for worse than he can imagine (for adults, AZ is lenient, for minors, AZ tends to go with a "scare you straight" type of program, which is was TASK is all about). So, before we can advise the OP further, we need to know his age.

Aye. I was just wondering. Being from Illinois, I've no practical knowledge of how Arizona's criminal justice system operates, merely what is "on the books."

While knowing whether or not the OP has reached the of majority would be helpful in giving a specific answer, I've got to imagine that for a first offense (I'm guessing it is, since the OP would otherwise know what the process would entail), with such a small amount, he has got to be considered "small potatoes." At maximum, I'm guessing some sort of deferred adjudication and a low fine.

BTW -- No drug testing for a drug diversion program/probation?? In Illinois you can wind up with Urinalysis orders for shoplifting!

fearthebeard said:

Marijuana possession is a felony here in Arizona and I know they take it really serious, so that's why I'm not buying that I just got off like that. Are they allowed to send you the ticket or whatever you get for a felony in the mail? Or do you have to be there and see them fill out the paperwork, sign it, and receive your own copy? And when the hell am I gonna find out if I'm actually screwed or not? Thanks

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Let's assume what you say is true, it is a Felony, you can bet you would have been arrested then.

Police do not release felons on scene, as far as I have ever heard, possible, but not likely. Unless a call went out the Jail was crammed full and do not arrest for anything but high class felonies, they arrest right there.

Now, if they intend to arrest you in your home, they need an arrest warrant.

In public, probably not.

Court's do not issue a summons/citation for felonies, just Warrants.

BOR said:

Let's assume what you say is true, it is a Felony, you can bet you would have been arrested then.

Police do not release felons on scene, as far as I have ever heard, possible, but not likely. Unless a call went out the Jail was crammed full and do not arrest for anything but high class felonies, they arrest right there.

Now, if they intend to arrest you in your home, they need an arrest warrant.

In public, probably not.

Court's do not issue a summons/citation for felonies, just Warrants.

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While you are correct that there is usually an arrest, it typically ends up being a "cite and release", and very few are actually hauled off to jail over such an offense.

The Occultist said:

While you are correct that there is usually an arrest, it typically ends up being a "cite and release", and very few are actually hauled off to jail over such an offense.

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By ARREST, I mean transporting a person to a police station to get booked, not an on scene so called "traffic arrest".

You saying for a felony, they cite on scene and release? Let's leave out the arrest part on scene.

The Occultist said:

While you are correct that there is usually an arrest, it typically ends up being a "cite and release", and very few are actually hauled off to jail over such an offense.

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A cite and release for a felony is not permitted anywhere I am aware of. In my state we could not do that, and I know of no other state that permits such a thing. I hesitate to say it is not permitted anywhere because I don't know the law everywhere, but in my experience a cite and release for a felony just does not happen.

If we had to release a felon for some reason, we would cut them loose and file it later with the DA, but we could not issue a citation. I am pretty sure AZ is much the same.

I was speaking within the context of marijuana related charges. I've never heard of anybody being hauled off for it (except with other contributing factors, such as having an obscene amount of marijuana, endangering lives, attempting to flee, etc.). This may indicate that the statutes typically used in the cites point to misdemeanor charges as opposed to felony.

The Occultist said:

I was speaking within the context of marijuana related charges. I've never heard of anybody being hauled off for it (except with other contributing factors, such as having an obscene amount of marijuana, endangering lives, attempting to flee, etc.). This may indicate that the statutes typically used in the cites point to misdemeanor charges as opposed to felony.

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Possession for small amounts are usually misdemeanors. That would indicatea citation is possible.

I hope the OP posts back with his age so we can give him some more accurate insight here...