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Blog / 2.05.2025

What Are the Legal Defenses to Possession with Intent to Sell in Arizona?

What Are the Legal Defenses to Possession with Intent to Sell in Arizona?

Legal Defenses for Possession with Intent Charges

Facing a possession charge with intent to sell in Arizona can be an intimidating experience. The consequences of a conviction can include significant fines, lengthy prison sentences, and a permanent criminal record. However, being charged doesn't automatically mean you're guilty. Understanding the legal defenses available to you can make a significant difference in the outcome of your case.

Lack of Intent to Sell

The prosecution must prove that you possessed the drugs with the intent to sell. Merely possessing drugs isn't enough for this charge; the state must demonstrate that you intend to distribute them.

Defenses against this element might include an argument for personal use or absence of paraphernalia. If the amount of drugs found is consistent with personal use and not distribution, this could weaken the prosecution's argument. Possessing a small quantity of marijuana with no evidence of packaging materials, scales, or large sums of cash might support the claim that the drugs were for personal use. If there is an absence of paraphernalia commonly associated with drug distribution, such as baggies, scales, or transaction records, the prosecution's case for intent becomes less convincing.

Insufficient Evidence

The prosecution's case is only as strong as the evidence they can present. Your attorney can challenge whether the state has met its burden of proof by scrutinizing the evidence against you. Some common tactics include questioning the chain of custody and challenging witness testimony. Evidence must be handled and documented correctly from the moment it's seized. If the chain of custody is broken, there's a risk that the evidence was tampered with or mishandled. This could lead to its exclusion from the trial.

Eyewitnesses, including informants or law enforcement officers, may not be reliable. Cross-examining these witnesses can expose inconsistencies or biases that undermine their credibility.

Illegal Search and Seizure

The Fourth Amendment of the U.S. Constitution protects individuals from unlawful searches and seizures. If law enforcement obtained evidence against you through an illegal search, your attorney might file a motion to suppress that evidence, which could weaken the prosecution's case or lead to its dismissal entirely.

A key factor in this defense might be the lack of a search warrant. If police conduct a search without a valid warrant or an applicable exception, like probable cause or consent, the search may be deemed unconstitutional. Another factor may include exceeding the scope of the warrant. Even with a warrant, law enforcement must stay within its specified parameters. For instance, if the warrant permits a search for stolen electronics but officers discover drugs in a place where electronics couldn't reasonably be stored, the evidence may be inadmissible. Consent under duress might be questioned in the defense. If officers claim you consented to a search, but your attorney can demonstrate that your consent was coerced or involuntary, the search may also be invalid.

Entrapment

Entrapment occurs when law enforcement convinces someone to commit a crime they wouldn't have otherwise committed. Arizona courts determine whether entrapment applies by considering whether the police or their agents initiate and urge the individual to engage in criminal activity. The court will also consider whether the defendant is predisposed to commit the crime.

For example, if an undercover officer pressures or coerces you into selling drugs, this could form the basis of an entrapment defense. However, providing an opportunity to commit a crime isn't enough to prove entrapment. Your attorney must show you were not inclined to sell drugs without undue influence.

Misidentification or False Accusation

In some cases, individuals may be wrongfully accused due to mistaken identity or malicious allegations.

Defenses in these situations involve demonstrating that you were elsewhere when the alleged crime occurred. A lack of fingerprints or DNA can also be part of a defense when no physical evidence ties you to the drugs in question. Informant testimony might be disputed. Informants may have ulterior motives, such as reducing their own charges or receiving financial compensation. Your attorney can challenge their credibility and motivations.

Constructive vs. Actual Possession

Arizona law recognizes actual possession and constructive possession as the two types of possession. In actual possession, you have physical control over the drugs. They might be in your pocket or hand, for example. Constructive possession means you have control over the drugs, even if they aren't physically on your person. They might be in your car or home.

Proving constructive possession cases can be tricky for the prosecution. For example, if drugs are found in a shared space, like an apartment or a vehicle with multiple occupants, your attorney might argue that you had no knowledge of or control over the substances. Without clear evidence linking you to the drugs, the state's case weakens.

Issues with Laboratory Testing

Prosecutors often rely on laboratory analysis to prove that a substance is an illegal drug. However, these tests aren't foolproof. Your attorney can challenge the accuracy of the testing methods. Was the testing method scientifically sound and properly conducted? The qualifications of the lab technician might also be questioned. Also, the chain of custody for the sample may be challenged. Drug samples, like physical evidence, must be handled properly to avoid disputes over the results.

Protect Your Future with the Experienced Defense Team at Citrine Law

When you're facing charges as serious as possession with intent to sell, you need a lawyer who knows Arizona's drug laws inside and out. With years of experience, Citrine Law fights for your rights and works to secure the best possible outcome for your case. From challenging evidence to negotiating with prosecutors, we'll be by your side every step. Let Citrine Law build a strong defense tailored to your unique circumstances. Call 928-955-7191 for a free consultation.

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