A drug possession charge can affect your job, your license, and your future—even if it is your first run-in with the law. At the Law Office of James E. Novak, we focus on getting charges reduced, diverted, or dismissed whenever the facts and the law allow, and we move quickly to protect your record from long-term harm.
Arizona law treats “possession” broadly. You can be charged if drugs are found on your person, in your car, in your home, or anywhere you have control. The State does not have to prove ownership; it must prove knowing possession or control.
Where the drugs were found, who had access, and what you knew are key facts your lawyer will challenge.
Penalties vary by drug type and amount. Charges are commonly filed for marijuana, dangerous drugs (like methamphetamine or LSD), and narcotic drugs (like cocaine, heroin, or some prescription opioids without a valid prescription). Arizona uses “threshold amounts” for certain substances. If the State claims the quantity meets or exceeds a threshold, it may push for harsher penalties and argue the amount suggests sales rather than personal use.
The State still has to prove the substance is what it claims. Lab testing, chain of custody, contamination risks, and how the evidence was stored all matter. When the science is weak, the case is weak.
Most possession cases begin with a traffic stop, a pedestrian contact, or a search tied to a separate investigation. These moments are where legal errors often happen.
When police cut corners, the remedy is suppression of the evidence. Without the drugs or statements, many cases cannot proceed.
Every case is different, but several defense themes recur in Arizona possession cases.
In many courts, strong defenses—or strong mitigation such as treatment enrollment and a clean record—can support diversion, deferred judgment, or a plea to a non-drug offense that protects your future.
A possession conviction is more than fines or probation. It can raise immigration risks, affect professional licenses, trigger school discipline, and increase employment and housing hurdles. For drivers, even a misdemeanor drug conviction can lead to license consequences and insurance issues. The goal is to resolve the case in a way that avoids a damaging record whenever possible.
Small steps now can make a big difference later.
Bring all paperwork to your consultation so work can start immediately.
We start with the stop and the search, focusing on obtaining body-camera and dash-camera video, dispatch logs, reports, and lab records. Then, we test whether officers had reasonable suspicion or probable cause, whether consent was voluntary, and whether the search stayed within legal limits. We review the State’s lab methods, chain of custody, and handling of evidence. If the law or the facts support it, we file motions to suppress or dismiss. At the same time, we negotiate from a position of strength and explore outcomes that protect employment, schooling, and immigration status.
For eligible clients, diversion or deferred prosecution can keep a conviction off your record if you complete agreed steps such as classes, treatment, or community service. In other cases, a plea to a non-drug offense or a misdemeanor may be the best path. The right plan depends on the facts, your goals, and the court.
A possession case moves fast, and early action preserves your best options. The Law Office of James E. Novak will review the stop, the search, the lab work, and the evidence of knowledge or control, then build a plan to protect your future. To schedule a confidential consultation, contact the Law Office of James E. Novak at (480) 413-1499.