When a person is facing a charge for possession of drugs for sale, that person faces substantial jail or prison time. However, the State often makes its case using phone taps and confidential informants which means that a good defense attorney could have something to work with. Things like Search Warrants need to follow specific rules or the things they find are inadmissible.
Confidential Informants are often used by the police. Their testimony is highly suspect.
I often work with a private investigator to look into the past of the State's witnesses. In drug sales cases their testimony is often very impeachable.
When the police act in an undercover capacity the State is forced to admit that its witnesses are State-trained in the art of misleading people.
A thorough investigation is required in defending these cases. In one case I had involving the sale of 30 pounds of marijuana the State dismissed the sales charge the evidence was "incinerated" by the police prior to trial. No one would have told me that unless I had forced the State to show me how the evidence was collected and stored.
In phone tap cases there are often over 100 defendants all of whom are charged with drug sales. The State often misinterprets phone conversations when they make their charging decisions. It is important for an attorney to listen to all of the calls in the case. i once had a case where the phone conversation involved a "title loan" which the State mistook for some kind of $5,000 drug deal. The details are crucial in these cases.
A good attorney can save a Defendant years of their lives in a case like this. Experience counts.
Michael A. Burkhart has over ten years of experience defending the accused throughout Phoenix, including cases in Mesa, Maricopa County, Tempe, Gilbert, Chandler, and Queen Creek.
Arizona has the toughest DUI laws in the country. The State will try to put you in jail for up to six months, take away your license, make you pay thousands of dollars in fines, go through alcohol classes, and put an alcohol sensor on your car.