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Jury finds client facing up to fifty years in prison for possession of a controlled substance with intent to deliver not guilty.
State v. Miles M. (2011)
Criminal Defense Attorney Kevin J. Oursland
Drug related crimes involving crack, cocaine, heroin, methamphetamine, marijuana or other drugs are extremely serious offenses in Arizona, and a conviction could result in severe penalties, including substantial fines and mandatory jail time. In addition, offenses involving large amounts of drugs can result in trafficking charges which, if you are convicted, could put you behind bars for years.
Tucson criminal defense attorney Kevin J. Oursland works diligently to reach the best possible outcome for every client. His number one goal is to find a way to beat the drug possession charge against you. You can rely on criminal defense attorney Kevin J. Oursland to pursue every available option in an effort to protect your rights and guarantee your freedom.
Criminal lawyer Kevin J. Oursland is prepared to represent you in any state or federal drug offense, including:
- Possession of marijuana
- Possession of methamphetamine
- Possession of cocaine or crack cocaine
- Illegal possession of prescription drugs such as Oxycodone or morphine
- Possession of controlled substance with intent to distribute
- Drug manufacturing
- Drug cultivation
- Distribution
- Drug trafficking
- Drug transportation and importation
- Prescription fraud
- Federal drug charges
To reach criminal defense attorney Kevin Oursland quickly and directly to discuss your drug possession, delivery, or manufacturing charge, please call his cell phone 24/7 at (520) 240-6224. The consultation is free.
A drug conviction has the potential to leave you with a permanent criminal record that can negatively impact your future. Employers, landlords, financial institutions and others regularly do background checks, and a drug crime conviction can hurt your standing if it shows up on the report.
As part of your free initial consultation, criminal defense attorney Kevin J. Oursland will give you an honest assessment of your case, including a full explanation of the possible consequences you may be facing. This will vary depending on whether you have a criminal history or any prior drug convictions.
Defending You Against Tucson Drug Charges
When you hire criminal lawyer Kevin J. Oursland as your attorney, he will provide a complete review of your case. As a former prosecutor, he understands how the prosecution prepares their case, and he knows how to find the flaws that can be used to your advantage. He has been successful in previous cases challenging illegal search and seizure, probable cause and other issues, and he will do everything he can to get similar results for you.
What To Do If You Are Pulled Over
Many drug cases begin when a person operating a motor vehicle is pulled over for a traffic infraction. The police have the right to stop drivers of motor vehicles if a traffic offense is observed. Only reasonable suspicion to believe that a traffic violation has occurred is required to justify the stop. Among the more common reasons for stopping a vehicle are speeding, illegal turn, following too closely, and unsignaled lane changes. However, crossing the white shoulder line is not necessarily a legitimate reason to stop a vehicle. State v. Livingston, 206 Ariz. 145 (2003).
Police can question a motorist about the purpose of his or her travels. The police cannot continue to detain a motorist after the completion of the traffic stop unless during the course of the stop articulable suspicion of other criminal activity is uncovered. For this reason, police will often ask a motorist they suspect of being involved in criminal activity a series of questions designed to develop evidence. What you need to remember is that you are under no obligation to answer such invasive questions. Under Arizona law, you must provide the officer with your driver's license, registration, and proof of insurance. The officer can ask you questions during the traffic stop, but the questions must be "neutral" and "non-accusatory."
Once the officer hands you back your license and registration, you are free to leave. If the officer asks you to answer more questions at this point, you can refuse to answer them. He will then either have to let you leave or order you to remain. If he orders you to remain, the Fourth Amendment comes into play. These cases are ripe with constitutional issues, and as discussed below, they are often thrown out because the officer did not have reasonable suspicion to detain the motorist.
The other thing you need to remember is that you never have to consent to a search of your vehicle or your person. If you do not give consent to search, the officer must either let you go or detain you while he or she obtains either probable cause or a search warrant.
Motions to Suppress
Drug possession cases involving marijuana, methamphetamine, cocaine, crack, crank, or heroin can often be successfully challenged with a motion to suppress. A motion to suppress is a hearing prior to trial in which the admissibility of the government's evidence is challenged. A common ground for keeping evidence out is the illegality of police action. Criminal defense attorney Kevin J. Oursland has been successful in getting evidence of possession suppressed in a number of cases where the judge concluded that the search conducted by the police violated his client's Fourth Amendment rights. In every case he handles he investigates the circumstances with an eye to determining whether there is a basis of a motion to suppress. If the evidence is suppressed, the government generally dismisses the charges. It is possible that your case would turn out that way as well.
Frequently Asked Questions About Criminal Charges
More Information on Federal Drug Charges
Free Attorney Consultation
To reach criminal defense attorney Kevin Oursland quickly and directly to discuss your drug possession, delivery, or manufacturing charge, please call his cell phone 24/7 at (520) 240-6224. The consultation is free. |