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Drug Possession Charges & Immigration

Tucson Drug Possession Attorneys


Understanding Immigration Consequences if You Plea to or Have a Drug Conviction

Being charged with possession of marijuana or possession of any drugs is a serious criminal matter. If convicted, you or your child could face penalties that include jail time, driver’s license suspension, large fines and surcharges, and possibly removal from school to an alternative school or loss of a job.

However, in cases where a person is not a citizen of the United States, the penalties are far worse, as he or she may face removal proceedings, possible mandatory detention throughout the removal proceedings (which can take years) and possible removal from the United States for an indefinite period of time.

If you have been arrested and/or charged with a drug possession or drug-related crime of any type, please contact one of our experienced Tucson, Arizona, immigration attorneys immediately.

The types of drug related charges include but are not limited to possession of marijuana, possession of a controlled substance, unauthorized distribution or sale of drugs, the unauthorized manufacturing of any type of drug and possession of drug related material. And, if you are a non-U.S. citizen who has been arrested for any drug-related crime, it will be in your best interest to allow one of the qualified immigration attorneys at Ayala Law Office, P.C. to be involved in your case immediately upon your arrest, as the outcome of your case can depend on initial actions taken by a qualified immigration lawyer.


As stated above, in addition to criminal jail and court penalties, a conviction for possession of marijuana or a controlled substance could have personal and professional consequences. For instance, a drug-related conviction could show up on your criminal background check or during a job application process, and possibly forever – and not just the believed “seven years.” In fact, if it is a drug-related criminal conviction or plea without some type of deferred judgment or a not guilty finding by the jury, that criminal related record will remain permanently on your record and there is no statute that would allow for the removal of that record from your criminal history and there will be no possibility of an expunction petition to be filed later with the court.

A conviction for possession of marijuana or a controlled substance or any drug-related crime could also lead to adverse financial consequences. Most lenders will not make loans to an individual who has pled to or who has been convicted of any crime, let alone a drug-related offense, and there may be yearly surcharges assessed as well as the loss of your license.

If you have been charged with crime of any kind, including a drug-related crime, it is important to take proper legal actions as soon as possible to best protect your rights and interests. At Ayala Law Office, P.C., there are steps that our drug defense attorneys can take in order to ensure that your rights are protected, that you receive the best possible results in your case and that you understand the law and all the consequences. The attorneys at Ayala Law Office, P.C. believe that this approach will benefit you, rather than hiring a lawyer who rushes you through the plea deal process only to expedite fee and who doesn’t explain the process to you or the potential consequences of the plea deal you are entering into or the criminal conviction you will receive.


The penalties for possession of marijuana or for other drug-related convictions will vary, depending on the amount of marijuana or drugs found or involved. A person can be charged with a felony for drug possession, possession with intent to distribute or unauthorized sale of a drug, if the amount of drugs involved or found was large enough to constitute a felony. There may also be serious immigration consequences if the person is charged with one of these crimes and he or she is a non-U.S. citizen, including legal permanent residents.

If you are charged with a crime, the qualified Arizona criminal defense attorneys or experienced Arizona criminal defense attorneys at Ayala Law Office, P.C. will analyze the details of your case in order to determine the strongest possible defense of a misdemeanor or felony drug-related charge. For instance, illegal search and seizure is a common defense in these types of cases:

  • Did the police illegally search your car or home?
  • Was there reasonable suspicion or probable cause?
  • Did you offer consent to search?

The attorneys at Ayala Law Office, P.C.will ask important questions in order to determine if your rights have been violated during an arrest and will wage this defense.

And, if you call the criminal attorneys at Ayala Law Office, P.C. early on in the process, there may be motions that we can file in order to protect your rights, compile the process and the evidence, ensure that there is sufficient evidence, request and eliminate evidence and ensure that the evidence that the state or federal government has will be turned over early on in the process so that negotiations can take place and a trial, possibly be avoided. Further, for any non-U.S. citizen charged with any drug-related crime, this process is important as being charged with these types of crimes may determine your liberty, as you may be taken into immigration custody after you are released from jail custody should immigration officials determine that your admissibility or your deportability is in question. If this occurs, the removal proceedings process can take longer than the state or federal criminal process took and the person involved in the charge or conviction may never be released back into society and may be deported permanently back to his or her country.

Contact an Arizona Immigrant Criminal Defense Lawyer Serving Pima County, Pinal County and Cochise County

At Ayala Law Office, P.C., our qualified lawyers will tailor your criminal defense to meet your needs, whether you are a U.S. citizen or a non-U.S. citizen; if you have prior convictions or if this is your first offense. To speak to one of our narcotics defense attorneys, immigration attorneys and criminal lawyers, contact our Tucson, Arizona office at 520-365-3185, or please contact us online.

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    Tucson, AZ 85701
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