arizona sucks

i live in Minnesota. got busted in Arizona.

a story very similar to ones I've read here before. Was on a cross country road trip from Minnesota to San Diego California. got stopped in Arizona at a border patrol checkpoint in Yuma county with less than 1/2 gram in the car. so on and so forth.

about 1/2 the people I've talked to said i should be able to make a plea over the phone, pay a fine, and be on my way. the other 1/2 has said that I'm completely boned and have no choice but to either higher a lawyer to go to court for me or show up myself.

The worst trouble I've been in up to this point was a parking ticket i got about 7 years ago. I've never even had a conversation with a uniformed officer before.

my question is this. Is there any way to proceed without actually spending a fortune on a lawyer or a plane ticket? is there any possibility of talking to the DA on the phone and making a deal / plea bargain?

being forced to return to Arizona will cause more problems for me than just paying a fine and being on my way. Really need some advice.

thanks.
- stuck without a clue.What is the name of your state (only U.S. law)?

What statute have you been charged with violating? If it is a misdemeanor, and it probably is, you may be able to plead guilty through an attorney and pay any associated fines (provided jail time is not mandatory for the offense) .. hence the reason it is important to know the specific statute.

As for the title of this thread, I would think it rather mis-named. Arizona did not create the situation that made you commit a crime - you did that by yourself. Maybe your luck sucks, but the state is not responsible for your actions.

CdwJava said:

What statute have you been charged with violating? If it is a misdemeanor, and it probably is, you may be able to plead guilty through an attorney and pay any associated fines (provided jail time is not mandatory for the offense) .. hence the reason it is important to know the specific statute.

As for the title of this thread, I would think it rather mis-named. Arizona did not create the situation that made you commit a crime - you did that by yourself. Maybe your luck sucks, but the state is not responsible for your actions.

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LOL... so true. Half a gram? Half a gram of what? Coke? Hash? MJ? Cdw... you know the ropes here and you're right.

CdwJava said:

As for the title of this thread, I would think it rather mis-named. Arizona did not create the situation that made you commit a crime - you did that by yourself. Maybe your luck sucks, but the state is not responsible for your actions.

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well, I don't do drugs but I still think Arizona sucks. It's more of a weather thing.

justalayman said:

well, I don't do drugs but I still think Arizona sucks. It's more of a weather thing.

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Ok... I literally laughed out loud at that one!

justalayman said:

well, I don't do drugs but I still think Arizona sucks. It's more of a weather thing.

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Yeah, the weather can be a wee bit arid.

a couple valid points were made there. not Arizonas fault i was on vacation. it is Arizona's fault for having the most heinous marijuana laws in the country.

the violations are as follows

13-3405 (a) (1) possession of marijuana /attempt
13-3415 (a) possession of drug paraphenalia / attempt

it was as you can see less than 1/2 gram of pot plus a pipe.

havent had anyone actually answer me on the felony vs. misdemeanor. have phone calls in to the DA, several lawyers, as well as the court house itself and no one seems to be able to tell me whats happening.

i'm 28 years old and have never even got a speeding ticket. being thrust into the legal system at this level is kind of a system shock for me. please forgive me if my understandable hatred of the arizona legal system offends you. in both the state i live in and every state i passed through with the exception of arizona, i would have recieved a small fine and would have allready moved on from this whole experience.

"As for the claim not to do drugs, how'd the drugs get in your car? Let me guess ...a friend? Any possibility that said friend would be willing to step up and testify that you could not have known that he dumped his dope in your car?"

Let's see... umm... I was driving through Jack in the Box and someone through something in my car?

Cdw... in your professional opinion as a LEE, would Border Patrol need any probable cause to search your vehicle, or can they do this randomly?

lizze i tihnk you are confused. i never said anything about it not being mine.
not trying to make any excuses. just trying to get some answers.

wulfmanj said:

lizze i tihnk you are confused. i never said anything about it not being mine.
not trying to make any excuses. just trying to get some answers.

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Man, I'm sorry for making light of your situation. For you I understand it's very trying.

I would consult with an attorney in AZ and have him/her represent you in this case.

They know the ropes, they know the DA's.

My prediction is that they will drop one of the charges, you'll pay a fine and be on your way. But, have someone on the ground do the legwork for you since you're in MN.

I'm taking these are misdemeanors, so not court appearance likely required.

Best advice, get an attorney. Good luck.

justalayman said:

well, I don't do drugs but I still think Arizona sucks. It's more of a weather thing.

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It's just that New Mexico blows.

wulfmanj said:

a couple valid points were made there. not Arizonas fault i was on vacation. it is Arizona's fault for having the most heinous marijuana laws in the country.

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Since marijuana is not openly legal in ANY state, the responsibility was yours not to break the law. Your lucky, you could have been hit for transportation by the feds.

the violations are as follows

13-3405 (a) (1) possession of marijuana /attempt
13-3415 (a) possession of drug paraphenalia / attempt

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These are class 6 felonies. They can also be dropped to class 1 misdemeanors.

i'm 28 years old and have never even got a speeding ticket. being thrust into the legal system at this level is kind of a system shock for me.

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I am constantly surprised that when people commit crimes they are surprised that there are consequences. It is unfortunate for you that you got caught, but you only have yourself to blame.

please forgive me if my understandable hatred of the arizona legal system offends you. in both the state i live in and every state i passed through with the exception of arizona, i would have recieved a small fine and would have allready moved on from this whole experience.

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I suspect that even in those states, you would have to have appeared in court for misdemeanor offenses.

If your dope is all that important, next time do the research to know what states will allow you to pay a fine and walk away.

LizzieB said:

"As for the claim not to do drugs, how'd the drugs get in your car? Let me guess ...a friend? Any possibility that said friend would be willing to step up and testify that you could not have known that he dumped his dope in your car?"

Let's see... umm... I was driving through Jack in the Box and someone through something in my car?

Cdw... in your professional opinion as a LEE, would Border Patrol need any probable cause to search your vehicle, or can they do this randomly?

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I posted that query when I thought justalayman was the OP. I then deleted it.

If at the border, the USBP can do the search with little cause. Within the borders, they need probable cause, a warrant, or consent. I am not sure what kind of checkpoint the OP came across, but since he was charged with state offenses and not federal ones, I presume it was a local or state thing.

FlyingRon said:

It's just that New Mexico blows.

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that was my laugh for the day. Thank you.

13-3405. Possession, use, production, sale or transportation of marijuana; classification

A. A person shall not knowingly:

1. Possess or use marijuana.

2. Possess marijuana for sale.

3. Produce marijuana.

4. Transport for sale, import into this state or offer to transport for sale or import into this state, sell, transfer or offer to sell or transfer marijuana.

B. A person who violates:

1. Subsection A, paragraph 1 of this section involving an amount of marijuana not possessed for sale having a weight of less than two pounds is guilty of a class 6 felony.

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the only mention of a misdemeanor I see in that statute is this:

H. If a person is granted probation for a misdemeanor violation of this section, the court shall order as a condition of probation that the person attend eight hours of instruction on the nature and harmful effects of narcotic drugs, marijuana and other dangerous drugs on the human system, and on the laws related to the control of these substances, or perform twenty-four hours of community restitution.

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13-3415. Possession, manufacture, delivery and advertisement of drug paraphernalia; definitions; violation; classification; civil forfeiture; factors
A. It is unlawful for any person to use, or to possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a drug in violation of this chapter. Any person who violates this subsection is guilty of a class 6 felony.

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Dayum, 2 felony counts? I suspect you will be returning to Arizona.

justalayman said:

that was my laugh for the day. Thank you.

the only mention of a misdemeanor I see in that statute is this:





Dayum, 2 felony counts? I suspect you will be returning to Arizona.

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ya... AZ is nice this time of year.

First appearance to plea. YOU NEED A LAWYER.

He/she will likely get one count dropped, the other reduced to misdemeanor.

Don't wait. Get legal help now.