Arizona Reduces Prison Sentences for Non-violent Addicts.
The number of Americans who struggle with addiction to drugs or alcohol has been on the rise, and those who commit drug crimes face lengthy prison sentences. However, Arizona is one of the many states that are beginning to reduce these sentences to get addicts off stimulants and offer rehabilitation programs to reduce recidivism. In fact, our defense attorneys have been working with clients to reduce lengthy prison sentences and get them into treatment programs that could help them recover and reform.
Arizona has been reducing the prison sentence for non-violent drug crimes. The state first implemented a law that allowed prison officials to consider the length of addiction and criminal history when sentencing someone for non-violent drug crimes. The state has gone even farther now, reducing prison sentences for non-violent drug addicts who have committed crimes in the past.
Non-violent drug crimes include non-violent addicts possessing marijuana, using drugs while driving, selling small amounts of drugs, and being punished by probation or fines. However, those who commit these actions after a previous conviction are punished more severely than those who haven’t committed any crimes before. For example, before the new law, a person would be sentenced to in-state prison for three years if they had previously been convicted; that has now been reduced to two years. So here we will share some Statutes regarding drug crimes.
Prior Convictions Without Jail Still Count as Prior Convictions.
The Arizona Revised Statue § 13-901.01(A) states that non-violent addicts should not be sentenced to prison for their first and second crimes. But if that offender has previously been convicted of three violent crimes, they will be sentenced to their maximum sentence in jail and then additional time on probation or parole. However, prior convictions without incarceration still count as prior convictions.
Selling a Small Amount To a Mere Acquaintance Qualifies As a Possession For Sale.
Definition of drug trafficking is that the offender’s intent is for recidivism. But even if it’s not proven that they had any intent, they will still fall into this category. In Arizona, selling small amounts of drugs to just an acquaintance can qualify as a drug trafficking offense. However, police officers have no legal grounds to threaten a scared college kid with prison time over a small number of drugs.
Instead, police officers should drop charges in the promise of exchange naming the big fish running the drug ring. This can happen with cooperation from the prosecutor, who can be asked to call a distant acquaintance and ask to buy a small number of drugs. Once the call is received, audio and video devices can record all aspects of the deal, and a non-violent addict might be given a lighter sentence.
New Reduced Sentences Apply to Possession Only Cases.
In Arizona, the crime of possession alone will receive a sentence reduction for possession-only cases. Previously, a non-violent drug addict could have received a sentence of six years in prison if found guilty of culpable possession alone. But in June crimes, the sentencing for this crime has been reduced to serving 70% of the sentence or to one year in prison, another year of probation, and another year of community supervision. However, to qualify for the reduced sentence, the offender does not have to be a convicted prior drug offender and complete a drug treatment program.See A.R.S. § 41-1604.7(B)(1)(b).
Mandatory Treatment in Drug Court Program
In Arizona, those charged with possession for sale and who have proven addiction will be sent to a mandatory treatment program overseen by the drug court program. This way, offenders aren’t sent to prison for long sentences but rather get treatment instead. This helps addicts who are trying to stay clean and reduce their chances of going back to drugs. In addition, it allows addicts to get help before they have a chance to commit any more crimes.
Most of the time, to qualify for this program, offenders have to go to court, where they are questioned to see if they are eligible. They will be given a chance to rehabilitate themselves and rejoin society to lead a normal life if they do. However, if they do not meet their requirements, a warrant can be issued for their arrest. This is done so that they can be taken into custody before they have the chance to escape or commit another crime.
The new reduced sentence in Arizona has been a great help to non-violent drug addicts who need rehab. The state has made provisions for these individuals by coming up with a new law that allows them to get a minimal sentence instead of a prison sentence.
Over the years, Arizona has continued to develop ways to rehabilitate those who have been caught with drugs instead of putting them behind bars. This new law is one more step towards helping addicts recover from their addiction and reenter society. However, there are some nagging concerns:
- Are there going to be enough treatment centers for all the convicted drug addicts?
- Are they going to be able to pay for treatment?
- Is there going to be enough supervision so that non-violent addicts don’t re-commit crimes while trying to rehabilitate themselves?
- Are we creating an even bigger drug problem than we already have by cutting sentences on drug crimes and allowing non-violent addicts back into society after a few years in treatment?
- If a non-violent offender is arrested for another crime, does the state have to let them out of prison early since it was their first time being convicted? And will their attorney understand the importance of getting the non-drug charges dropped through plea bargaining?
With the new sentencing laws that are being put into place in Arizona, drug addicts who committed a crime can be rehabilitated so that they won’t fall back into the same pattern as before. This new method has been proven to reduce recidivism and crime rates, and it has been proving successful since it started being used. So if you are arrested for a drug crime or you know someone who needs rehabilitation, Visit us at https://arizonacriminalattorney.co/mesa/ to get your case reviewed.
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