Legal Question in Criminal Law in Arizona

Possesion of Marijuana

My girlfriend was just recently arrested for possesion from within our home.

She was drunk and being loud which caused the police to be called to our

home. They entered our home while I was outside and found a pipe and some

marijuana on the table. She continued to be beligerent to the officers so they

arrested her for possesion. This is her first offense of any kind. Will the

charges be dropped to a misdeamenor or will it remain a felony? Was it legal

for them to arrest her without some kind of search warrant? Also, when is it

your rights need to be cited to you? I saw them put the cuffs on and walk

away and I never heard her rights being read to her.

Thank you for your time,


Asked on 7/20/04, 1:57 pm

2 Answers from Attorneys
Mark Lazell Mark Lazell P.C.

Re: Possesion of Marijuana

If the police engaged in a valid entry, the contraband is in plain view and admissible. Typically the charges can be dropped to a misdemeanor. There are exceptions to the requirement of a search warrant. This one may constitute plain view. Miranda rights are necessary whan a person is arrested. If your girlfriend made statements after arrest and before Miranda, these statements will be precluded.

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Answered on 7/20/04, 4:06 pm
Jason Lamm Jason D. Lamm Attorney at Law

Re: Possesion of Marijuana

The facts you present suggest that there may be valid search issues. I have successfully defended large scale marijuana cases on similar search issues. Feel free to contact me if you are looking for representation. Feel free to also review my website concerning my qualifications. I provide thorough and aggressive representation, not bargain basement plea bargain representation.

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Answered on 7/20/04, 4:43 pm


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