Alright. Thanks for that information. Believe it or not AZ is one of the most stringent when it comes to even simple possession of marijuana. Actually anything under 2 pounds that is not for resale is a Class 6 felony - You may read that law here. under 13-3405 and it specifically states the following:
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.
B. A person who violates:
1. Subsection A, paragraph 1 of this section involving an amount of marijuana
not possessed for sale having a weight of less than two pounds is guilty of a
class 6 felony.
2. Subsection A, paragraph 1 of this section involving an amount of marijuana
not possessed for sale having a weight of at least two pounds but less than four
pounds is guilty of a class 5 felony.
HOWEVER, it is what we call a "wobbler" and this means that the District Attorney can reduce the Class 6 felony to a misdemeanor. And so that is where a fine and probation would come in, because a Class 6 felony does carry jail time.
And, that is why the clerk has informed that a local AZ will be needed to negotiate with the DA to have the charge proceed as a misdemeanor. It may be possible to have one of the charges tossed completely and just have one of them charged and then there would be a probation and a fine - and a possible deferred adjudication, which means no more crimes of any sort and pay the fine and this matter will be eligible to be expunged.
So, this is why it would be imperative for them to consider consultation with an AZ attorney who can handle this for them and they will not have to travel back. If someone is not in court on their behalf, of course, it will hinder any VISA they may try to get in the future.
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