Is It Possible to Walk Away from Drug Charges without a Criminal Record?
Even though many states have legalized marijuana to a certain extent, there are still many illegal drugs out there, and it is very easy to be charged with a drug crime. To make matters worse, even if it is a minor offense, it could permanently mar your criminal record and pose serious consequences to your personal and professional life. However, there are situations where it may be possible to escape conviction. Criminal defense attorney Janet Altschuler can protect your rights if you are facing drug charges in Tucson, AZ.
Understanding Arizona’s Drug Laws
Arizona has strict drug laws, but that doesn’t mean a drug charge always means you will end up with a criminal conviction. The state categorizes drugs into different categories, and depending on the type of drug, you may face different consequences. Penalties for possession, distribution, or manufacturing will vary based on the category the state has sorted the drug into.
However, Arizona law also recognizes that not every drug offense should result in a criminal record. The state’s legal system offers several avenues for first-time offenders or those facing minor drug charges to walk away without a conviction.
Diversion Programs and Deferred Prosecution
One of the most effective ways to avoid a criminal record is through diversion programs or deferred prosecution. You may be able to take one of these options to avoid a conviction, but you will need the help of an experienced criminal defense attorney.
Diversion programs may be an option, and they could be available if you are a first-time offender or if you were charged with minor drug offenses. You would have to complete a series of requirements, such as drug education classes, community service, and regular drug testing. Upon successful completion, the charges are dismissed, leaving you with no criminal record.
It is also possible to pursue deferred prosecution, which involves the defendant agreeing to meet certain conditions set by the court. If the defendant complies with all terms, the charges are dismissed.
Proposition 200: Treatment Over Incarceration
Arizona voters passed Proposition 200 in 1996, which mandates treatment rather than incarceration for first- and second-time non-violent drug offenders. Under this law, individuals convicted of personal possession or use of drugs are eligible for probation and treatment instead of jail time. To qualify, the offense must be non-violent, and the individual should not have any prior convictions for violent crimes.
The Role of an Experienced Criminal Defense Attorney
You should always consult with an experienced criminal defense attorney if you have been accused of a drug crime in the Tucson area—even if it is a misdemeanor and not a felony. Many people do not realize that even a minor drug conviction can have serious consequences and could potentially affect them for the rest of their lives. Even if you do not receive a prison sentence or have to pay a fine, you could have trouble applying for apartments, passing security clearances, getting college grant money, and securing a job.
Case-by-Case Evaluation
Every drug charge is unique, and the possibility of walking away without a criminal record depends on various factors, including the nature of the offense, the individual’s criminal history, and the specifics of the case. An experienced attorney like Janet Altschuler will thoroughly evaluate the case, explore all available legal avenues, and develop a tailored defense strategy.
Expungement and Set-Aside Convictions
For those who have already been convicted of a drug offense, Arizona law provides an opportunity to clear their record through expungement or set-aside convictions. While Arizona does not technically offer expungement, individuals can petition the court to set aside a conviction. If granted, the conviction is effectively dismissed, and the individual can legally state they have not been convicted of the crime in most situations.
Contact Janet Altschuler to Start Building Your Defense Today
If you’re facing drug charges in the Tucson area, it does not necessarily mean you will end up with a criminal record. Each case is unique, and the best course of action depends on the specifics of your situation. If you or someone you know is facing drug charges, seeking professional legal counsel is crucial to exploring all available options and achieving the best possible outcome.
Janet Altschuler’s commitment to her clients and her extensive knowledge of Arizona’s legal system make her an excellent choice for anyone facing drug charges in Tucson. With the right legal strategy, walking away from drug charges without a criminal record could be possible. Contact her today to schedule your consultation.