Certain drugs in Arizona are designated dangerous drugs. Ecstasy is a drug that doesn’t trigger hallucinations, but instead is used to achieve euphoria. It comes in the form of tablets and can cause people to experience things that don’t exist. It is often used recreationally by people when they go to raves, concerts, and parties. Even so, it’s a dangerous drug. It is classified as a Schedule I controlled substance, which means it doesn’t have a currently accepted medicinal use, it has a high potential for abuse, and there’s no medically approved safe use of the drug. If you’ve been arrested for ecstasy possession, you may be facing significant potential penalties. Seasoned Phoenix drug crime attorney James Novak may be able to help guide you through the legal process.
Ecstasy PossessionEcstasy possession can be actual or constructive. The prosecutor can show actual possession only if you had dangerous drugs on your person. For example, if there was a lawful raid at a party and you were found with ecstasy tablets in your pocket, the prosecutor would try to show actual possession. If the ecstasy wasn’t found in your possession, the prosecuting attorney must show you exercised dominion and control over the dangerous drugs or over the location where the ecstasy was discovered by the police.
Arizona law places controlled substances into six categories, including dangerous drugs, which is where ecstasy falls. Arizona Revised Statutes section 13-3407 sets forth the penalties for dangerous drugs. It is a Class 4 felony to possess or use dangerous drugs such as ecstasy. Possession is a less serious ecstasy-related crime than certain others. For example, if you possess for sale a dangerous drug such as ecstasy, you can face Class 2 felony charges. Likewise, if you manufacture ecstasy, you can face Class 2 felony charges. If you administer ecstasy or transport or import it, it’s a Class 2 felony.
DefensesIf you are arrested for ecstasy possession, you shouldn’t assume a conviction is assured. There are a wide range of defenses that may be appropriate to raise, such as lack of knowledge or entrapment. Another potential defense may be that the ecstasy was found through an illegal search and seizure. You are protected against unlawful searches and seizures by the Fourth Amendment of the Constitution. For example, perhaps the ecstasy was found in a house, but there was no probable cause; in that case, it may be appropriate to bring a motion to suppress. Fourth Amendment jurisprudence is complicated, which is why it’s crucial to share all details of your situation with your attorney, so that it can be determined whether it would be appropriate to bring a motion to suppress in connection with ecstasy possession or another drug crime.
PenaltiesYour sentence, if you are convicted, depends on certain factors including the particular crime and any prior offenses, as well as how much ecstasy was involved and any mitigating or aggravating circumstances. However, the class of felony that applies to your case will determine the range of penalties to be imposed. If you are charged and convicted of a Class 2 felony, you can face 3 to 12.5 years in prison. However, if you are charged and convicted of a Class 4 felony, you face 1 to 3.75 years. One defense strategy in cases involving ecstasy possession for sale or ecstasy manufacturing, therefore, may be to bargain with the prosecutor about the particular charge and plead guilty to simple ecstasy possession.
Consult a Knowledgeable Drug Crime Attorney in PhoenixOften, people do not realize that possession of club or rave drugs can result in serious consequences. If you are charged with ecstasy possession in Phoenix, the potential penalties include incarceration. Therefore, it’s advisable to hire a seasoned criminal defense lawyer who can analyze your particular situation and help you build a defense. Mr. Novak is available to defend people charged with drug crimes in the Phoenix area, including in Mesa, Chandler, Gilbert, and throughout Maricopa County. Call him at (480) 413-1499 or contact us via our online form.