Legal Question in Criminal Law in Arizona

Poss of equipment or chemical to manufacture dang drug

Currently on probation for 2 class 6 felonies. Had not reported for nearly three years---Last week, person gives a false name to police officer when pulled over for a barely visible cracked windshield. Person is charged with criminal impersonation, ARS 13-2006. Possession of burglary tools ARS 13-1505, due to drill bits in suitcase. Poss of burglary tools is the charge serving probation for. Charged with poss of dang drugs for .18 of a gram of meth ARS 13-3407, Poss of equip/chemicals to manufacture dang drugs 13-3407(A)(3)and poss of drug paraphanelia for a pipe containing residue. ARS 13-3415. First time drug offender. The .25 gram of red phosphorus found in a glass with a measuring device packed within a closed suitcase in bed of truck. Person is not owner of the truck. Does Prop 200 cover the possession of equipment under ARS 13-3407--?? Does probation violation make him ineligible for probation if convicted? For ARS 13-1505, can intent be proven by prior conviction of using a drill to burglarize? What is the difference between providing false information to a police officer and criminal impersonation? What amount of jail or prison is possible with all of these factors?


Asked on 8/08/03, 10:52 pm

1 Answer from Attorneys
Mark Lazell Mark Lazell P.C.

Re: Poss of equipment or chemical to manufacture dang drug

Prop 200 does not cover possession of red-p.

No unless were on intensive probation.

Intent can be proven by prior bad acts if

probative value exceeds prejudice.

Intent to take the identity of another.

Can sometimes be difficult to prove possession of

chemicals and equipment to manufacture dangerous

drugs. Especially with just .25 grams of red-p.

Can not usually manufacture methamphetamine using

ephedrine reduction method without all three of these

red-p, ephedrine and iodine. This charge may be weak.

If done very well possible outcome should be possession

of chemicals and equipment case dismissed.

One year prison on the probation violations, plus

consecutive 3 years intensive probation for

possession of burglary tools.

SINCERELY YOURS MARK LAZELL ATTORNEY AT LAW

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Answered on 8/09/03, 3:55 pm


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