Whether a police investigation involves the sale or transportation of marijuana, cocaine, heroin or methamphetamine in Arizona, many arrests result from the use of police informants who make undercover purchases or provide information to narcotics detectives about the transportation or storage of illegal drugs.  At first glance, these cases seem difficult to defend as officers often monitor or record the undercover sales to confidential informants or alternatively, obtain search warrants based on the information police informants provide.  

With respect to Marijuana:

13-3405. Possession, use, production, sale or transportation of marijuana; classification

A. A person shall not knowingly:

1. Possess or use marijuana.

2. Possess marijuana for sale.

3. Produce marijuana.

4. Transport for sale, import into this state or offer to transport for sale or import into this state, sell, transfer or offer to sell or transfer marijuana.

and drugs such as Methamphetamine:

13-3407. Possession, use, administration, acquisition, sale, manufacture or transportation of dangerous drugs; classification

A. A person shall not knowingly:

1. Possess or use a dangerous drug.

2. Possess a dangerous drug for sale.

3. Possess equipment or chemicals, or both, for the purpose of manufacturing a dangerous drug.

4. Manufacture a dangerous drug.

5. Administer a dangerous drug to another person.

6. Obtain or procure the administration of a dangerous drug by fraud, deceit, misrepresentation or subterfuge.

7. Transport for sale, import into this state or offer to transport for sale or import into this state, sell, transfer or offer to sell or transfer a dangerous drug.

Or Heroin:

13-3408. Possession, use, administration, acquisition, sale, manufacture or transportation of narcotic drugs; classification

A. A person shall not knowingly:

1. Possess or use a narcotic drug.

2. Possess a narcotic drug for sale.

3. Possess equipment or chemicals, or both, for the purpose of manufacturing a narcotic drug.

4. Manufacture a narcotic drug.

5. Administer a narcotic drug to another person.

6. Obtain or procure the administration of a narcotic drug by fraud, deceit, misrepresentation or subterfuge.

7. Transport for sale, import into this state, offer to transport for sale or import into this state, sell, transfer or offer to sell or transfer a narcotic drug.

Undoubtedly, each of these offenses can result in long prison terms, significant fines and other mandatory penalties.

When an arrest results from the use of an informant, there are many issues which can be developed to aid in achieving a favorable outcome.  These include:

1. The motivation of the informant in working with police such as a desire to avoid prosecution for their own criminal activities;
2. The history of reliability the informants may or may not have with investigators;
3. Whether the undercover purchases were audio or visually recorded or where the arrest and prosecution rests solely upon their testimony;
4. Prior felony convictions of the informant;
5. Whether the informant is paid, how much money they receive from investigators and whether they pay taxes on the money received;
6. Whether an investigation is ongoing and the prosecutor's desire to keep the informant's identity confidential.  In many cases, if the prosecutor fails to disclose the identity of the informant or make him available for a defense interview, the case can be successfully attacked.

Contact an Experienced Drug Defense Lawyer Now: (480) 833-8613

If you have been arrested or charged with any type of drug offense in Arizona, contact my office immediately. I have successfully defended hundreds of people throughout Arizona who have been charged with possession, sale or distribution of marijuana and other illegal drugs. I offer a free consultation, and am available at all hours.