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Arizona's New Fentanyl Law: What Changed in September 2026 for Phoenix Drug Charges

Mon, 28 Sep 2026 16:00:12 GMT

Arizona's New Fentanyl Law: What Changed in September 2026 for Phoenix Drug Charges

Arizona has tightened its fentanyl laws again. As of September 12, 2026, the amount of fentanyl that triggers the state's toughest mandatory prison sentences was cut in half, from 200 grams to 100 grams. If you are facing a fentanyl charge in Phoenix, Chandler, or anywhere in Maricopa County, this change could affect the prison time you face.

Here is what the new law does, who it affects, and why an early defense matters more than ever.

What Is HB 2132?

House Bill 2132 was signed into law in April 2026 and took effect with Arizona's other new laws on September 12, 2026. It amends A.R.S. § 13-3408 , Arizona's main drug statute.

The law builds on the 2024 Ashley Dunn Act, which first created mandatory sentences for fentanyl trafficking involving 200 grams or more. According to the Arizona Attorney General, traffickers were splitting large shipments into smaller loads to stay under that 200-gram limit. HB 2132 lowers the trigger to 100 grams , which the Attorney General's office says is about 1,000 counterfeit pills.

Which Charges Does the New Law Affect?

The 100-gram threshold applies to two types of fentanyl offenses:

Selling fentanyl or possessing it for sale
Transporting fentanyl for sale, including having it in a vehicle

The vehicle provision matters in the Phoenix area. The I-10 and I-17 corridors through Maricopa County are major routes for drug traffic, and many fentanyl cases start with a traffic stop.

Sentences Under the New Law

If a sale or transport-for-sale conviction involves 100 grams or more of fentanyl, the mandatory prison ranges are:

First offense: 5 years minimum, 10 years presumptive, 15 years maximum
With a prior conviction: 10 years minimum, 15 years presumptive, 20 years maximum

Probation is not an option for these offenses.

What About Smaller Amounts?

Being under 100 grams does not mean a fentanyl charge is minor. Arizona law sets a separate "threshold amount" for fentanyl at just 9 grams . For sale-related charges at or above 9 grams, prison is generally required and probation is not available.

Lawmakers tried to go further. Senate Bill 1061 would have applied the harshest mandatory sentences at only 9 grams, but Governor Hobbs vetoed it on June 19, 2026. For now, the enhanced sentences start at 100 grams. However, prosecutors and lawmakers have made it clear that they want a lower number, so this issue may come back in future sessions.

Possession vs. Possession for Sale

The biggest difference in many fentanyl cases is whether the state can prove you meant to sell the drugs.

Simple possession of a narcotic like fentanyl is usually a class 4 felony. Many first-time and second-time offenders may qualify for probation and treatment under Arizona's Proposition 200 law.
Possession for sale is a class 2 felony, and it carries much harsher penalties.

Prosecutors often argue a case involves intent to sell based on the amount found, scales, packaging, cash, or text messages. These facts can often be challenged. Learn more on our drug possession and drug sales pages.

Common Defenses in Fentanyl Cases

Every case is different, but strong defenses often focus on:

The weight of the drugs. Arizona counts the full mixture, not just the pure fentanyl. Lab testing, packaging weight, and how the drugs were measured can make the difference between falling above or below a threshold.
An illegal search. Many fentanyl cases start with a traffic stop. If police didn't have a valid reason to stop or search you, the evidence may be thrown out.
Knowledge. The state must prove you knew the drugs were there. This can be hard to prove when you shared a car or were a passenger.
Intent to sell. Drugs for personal use should not be charged as drugs for sale.

Why a Former Prosecutor Makes a Difference

Attorney Manny A. Jacobo is a former prosecutor with 19 years of experience. He knows how the state builds drug cases, and he knows where those cases are weak. With mandatory prison on the line, early action matters. That can mean challenging the lab results, filing to suppress evidence, or negotiating to reduce a charge before it reaches trial.

Frequently Asked Questions

When did Arizona's new fentanyl law take effect?
HB 2132 was signed in April 2026 and took effect on September 12, 2026, along with Arizona's other new laws from the 2026 session.

How many pills is 100 grams of fentanyl?
According to the Arizona Attorney General, 100 grams is about 1,000 counterfeit pills. Arizona counts the full weight of the pills or mixture, not just the fentanyl inside.

Can I get probation for a fentanyl charge in Arizona?
It depends on the charge. Many people charged only with personal possession may be eligible for probation. Sale or transport charges involving 9 grams or more generally require prison.

Does the new law apply to cases from before September 2026?
Generally, a person is sentenced under the law in effect at the time of the alleged offense. If your arrest came before September 12, 2026, talk to an attorney about which version applies to you.

Should I talk to police if I'm arrested for fentanyl?
No. Politely say you want a lawyer and stay silent. Anything you say about where the drugs came from or what they were for can be used to support a sale charge.

Charged with a Fentanyl Offense in Phoenix? Call Jacobo Law Firm

Fentanyl charges in Arizona are serious, and the new law makes the stakes even higher. Jacobo Law Firm defends clients across Phoenix, Chandler, and the greater Maricopa County area. We offer free and confidential consultations, flat fees, and payment plans. Se habla español.

Call 480-800-0919 , available 24/7, or contact us online to talk with a former prosecutor about your case.

Disclaimer: This blog is for general information only and is not legal advice. Reading it does not create an attorney-client relationship. Drug laws and sentencing ranges can change, and every case depends on its own facts. Please contact an attorney about your situation.

Can a Misdemeanor Charge Be Dismissed in Phoenix?

Wed, 16 Sep 2026 16:45:01 GMT

Can a Misdemeanor Charge Be Dismissed in Phoenix?

Being charged with a misdemeanor in Phoenix, Arizona can be stressful, especially if you're worried about the impact a conviction could have on your future. While misdemeanors are generally less serious than felonies, they can still result in jail time, fines, probation, and a criminal record that may affect employment, housing, professional licensing, and educational opportunities.

One of the first questions many people ask is: Can a misdemeanor charge be dismissed? The answer is that it depends on the facts of your case. While no dismissal is guaranteed, there are circumstances in which misdemeanor charges may be reduced or dismissed under Arizona law.

What Does It Mean When a Misdemeanor Is Dismissed?

A dismissal means the court ends the criminal case without a conviction on the charge. Depending on the circumstances, a dismissal may occur before trial, during the court process, or after legal issues arise that prevent the prosecution from moving forward.

Every case is different, which is why it is important to have the facts carefully reviewed before assuming there are no options available.

Reasons a Misdemeanor Charge May Be Dismissed

There is no single reason why a misdemeanor case is dismissed. Instead, the outcome depends on the evidence, the investigation, and the legal issues involved.

Some situations that may result in a dismissal include:

Lack of Sufficient Evidence

The prosecution has the burden of proving every element of a criminal charge beyond a reasonable doubt.

If there is insufficient evidence to support the allegations, prosecutors may choose to dismiss the case, or the court may determine there is not enough evidence for the matter to proceed.

Violations of Constitutional Rights

Every person accused of a crime has constitutional protections.

If law enforcement violated your rights during the investigation, such as conducting an unlawful search, making an illegal stop, or obtaining evidence improperly, your attorney may file motions challenging that evidence. In some cases, those issues may significantly weaken the prosecution's case.

Witness Problems

Many misdemeanor cases rely heavily on witness testimony.

If a witness cannot be located, changes their statement, or refuses to testify, the prosecution may have difficulty proving the case.

Procedural Errors

Criminal cases must follow Arizona's rules of criminal procedure.

Mistakes involving charging documents, court procedures, or evidence handling may affect how a case proceeds and, in some situations, may support dismissal or other favorable outcomes.

Can Charges Be Reduced Instead?

Not every misdemeanor case results in a dismissal, but that does not mean a conviction is inevitable.

Depending on the circumstances, prosecutors may agree to:

Reduce certain charges
Amend the allegations
Negotiate a plea agreement
Recommend alternative resolutions where permitted by law

Every case presents different opportunities, making an individualized review important.

What Happens After You Plead Not Guilty?

If you plead not guilty , your case continues through the Arizona criminal court process.

The court will generally schedule additional hearings where both sides can:

Exchange evidence
Review police reports
Discuss possible resolutions
File legal motions
Prepare for trial if necessary

Entering a not guilty plea simply preserves your legal rights while your case is evaluated. It does not result in additional penalties simply because you chose to contest the charges.

Can a Misdemeanor Be Dismissed Before Trial?

Yes, some misdemeanor cases are dismissed before ever reaching trial.

Dismissals may occur when:

Prosecutors determine there is insufficient evidence.
Legal motions identify constitutional or procedural issues.
New evidence changes the circumstances of the case.
The prosecution decides not to proceed.

Because every case is fact-specific, there is no way to predict whether dismissal will be appropriate without carefully reviewing the evidence.

Why Early Legal Representation Matters

One of the biggest mistakes people make is assuming that a misdemeanor is "only" a minor offense.

Even a misdemeanor conviction may result in:

A permanent criminal record
Employment challenges
Professional licensing issues
Housing difficulties
Immigration consequences for non-citizens
Possible jail time, probation, or fines depending on the offense and classification. Phoenix classifies misdemeanors by severity, with Class 1 misdemeanors carrying penalties of up to 180 days in jail, probation, and fines, while some offenses also carry mandatory additional consequences.

Taking action early gives your attorney the opportunity to begin reviewing police reports, interviewing witnesses, preserving evidence, and identifying possible legal defenses before critical deadlines pass.

What Should You Do If You've Been Charged With a Misdemeanor?

If you're facing misdemeanor charges in Phoenix, consider these important steps:

Remain calm and avoid discussing your case with others.
Exercise your right to remain silent when appropriate.
Keep all court paperwork and documents.
Attend every scheduled court appearance.
Contact a criminal defense attorney as soon as possible.

Every decision made early in a criminal case can have lasting consequences.

Contact Jacobo Law Firm, PLLC

A misdemeanor charge should never be taken lightly. Although some cases may ultimately be dismissed or resolved favorably, every situation deserves careful attention and a thorough review of the facts.

Jacobo Law Firm, PLLC represents individuals facing misdemeanor charges throughout Phoenix, Arizona . Attorney Manny A. Jacobo works to protect clients' rights, examine every aspect of the prosecution's case, and pursue the best possible outcome based on the circumstances.

If you have been charged with a misdemeanor in Phoenix, don't wait to learn about your legal options. Visit https://www.jacobolawfirm.com/ or call 480-800-0919 to schedule a consultation today.

What Happens After You're Charged with a Felony in Phoenix?

Wed, 12 Aug 2026 15:45:06 GMT

What Happens After You're Charged with a Felony in Phoenix?

Being charged with a felony in Phoenix, Arizona can be one of the most stressful experiences a person will face. Unlike misdemeanor offenses, felony charges often carry severe penalties, including lengthy prison sentences, substantial fines, probation, and a permanent criminal record. A conviction may also affect your employment opportunities, professional licenses, housing, and future.

While facing felony charges can feel overwhelming, understanding what happens next can help you prepare for the legal process. Every case is unique, but knowing the general steps involved can help you make informed decisions while protecting your rights.

What Is Considered a Felony in Arizona?

A felony is a criminal offense that is more serious than a misdemeanor. Arizona categorizes felonies into several classes, with Class 1 felonies carrying the most severe penalties and Class 6 felonies generally carrying the least severe penalties.

Felony charges may involve offenses such as:

Drug crimes
Aggravated assault
Weapons offenses
Burglary
Robbery
Theft involving high-value property
Fraud offenses
Certain domestic violence offenses
White-collar crimes
Homicide-related offenses

The potential penalties vary depending on the specific charge, prior criminal history, and the facts surrounding the alleged offense.

Step 1: Arrest or Criminal Complaint

Many felony cases begin with an arrest after a police investigation. In other situations, law enforcement may continue investigating before charges are formally filed.

If you are arrested, officers may question you about the alleged offense. It is important to remember that you have the constitutional right to remain silent and the right to request an attorney before answering questions.

Statements made during an investigation may later be used as evidence, making it important to avoid discussing your case until you have spoken with legal counsel.

Step 2: Your Initial Appearance

Following an arrest, you will typically appear before a judge for an initial appearance. During this hearing, the court will:

Inform you of the charges against you.
Explain your constitutional rights.
Determine whether probable cause exists for your detention.
Address release conditions or bond.
Appoint an attorney if you qualify and cannot afford one.

This hearing is not a determination of guilt or innocence. Instead, it begins the formal court process.

Step 3: Preliminary Hearing or Grand Jury

In Arizona, felony cases generally move forward in one of two ways.

A judge may conduct a preliminary hearing to determine whether there is sufficient evidence for the case to proceed. Alternatively, prosecutors may present the case to a grand jury , which decides whether probable cause exists to issue an indictment. If an indictment is returned, a preliminary hearing is typically unnecessary.

Step 4: Arraignment

At the arraignment, the court formally advises you of the charges and asks you to enter a plea.

The available pleas generally include:

Guilty
Not guilty
No contest (in certain circumstances)

If you plead not guilty, your case will continue through the criminal justice process, and future court dates will be scheduled.

Step 5: Building Your Defense

This stage is often one of the most important parts of a felony case.

Your attorney will begin reviewing every aspect of the prosecution's evidence, including:

Police reports
Witness statements
Body camera footage
Surveillance video
Physical evidence
Search warrants
Laboratory reports

A careful review may identify weaknesses in the prosecution's case or determine whether law enforcement violated your constitutional rights during the investigation.

Step 6: Pretrial Hearings and Negotiations

Before a trial occurs, the court will typically schedule several pretrial hearings.

During this phase, attorneys may:

File legal motions
Challenge evidence
Negotiate with prosecutors
Discuss possible plea agreements
Prepare witnesses
Continue investigating the facts

Not every felony case proceeds to trial. Depending on the circumstances, negotiations or legal motions may resolve certain issues before trial.

Step 7: Trial

If a resolution is not reached, your case may proceed to trial.

During a felony trial:

The prosecution must prove every element of the charge beyond a reasonable doubt.
Your attorney may cross-examine witnesses.
Evidence may be challenged.
You have the right to remain silent.
A jury, or in some cases a judge, determines whether the prosecution has met its burden of proof.

Every felony case presents unique legal and factual issues, making thorough preparation essential.

Step 8: Sentencing

If a guilty plea is entered or a conviction occurs, the court will schedule a sentencing hearing.

Potential penalties may include:

Prison
Jail time (in certain circumstances)
Probation
Community supervision
Fines and restitution
Mandatory counseling or treatment programs

Sentencing depends on many factors, including the classification of the felony, prior convictions, aggravating or mitigating circumstances, and Arizona sentencing laws.

How a Felony Conviction Can Affect Your Future

A felony conviction may extend far beyond the courtroom.

Long-term consequences can include:

Difficulty obtaining employment
Loss of certain professional licenses
Challenges securing housing
Loss of firearm rights under many circumstances
Damage to your personal and professional reputation
Immigration consequences for non-citizens

Because these consequences can be significant, it is important to understand your legal options as early as possible.

What You Should Do After Being Charged

If you have been charged with a felony in Phoenix, consider taking the following steps:

Remain calm and avoid discussing your case with anyone other than your attorney.
Attend every scheduled court appearance.
Preserve any documents or evidence related to your case.
Follow all release conditions established by the court.
Contact a criminal defense attorney as soon as possible.

Taking prompt action allows your attorney to begin evaluating the evidence, protecting your rights, and preparing a defense from the earliest stages of your case.

Contact Jacobo Law Firm, PLLC

A felony charge is serious, but being charged does not mean you will be convicted. Every case deserves a careful review of the evidence, the investigation, and whether law enforcement followed the law throughout the process.

Jacobo Law Firm, PLLC represents individuals facing felony charges throughout Phoenix and the surrounding communities. Attorney Manny A. Jacobo understands the complexities of Arizona's criminal justice system and is committed to protecting the rights of every client while pursuing the strongest possible defense.

If you have been charged with a felony in Phoenix, don't wait to seek legal guidance. Visit https://www.jacobolawfirm.com/ or call 480-800-0919 to schedule a consultation today.

Your Rights During a DUI Traffic Stop in Phoenix, Arizona

Tue, 14 Jul 2026 19:15:38 GMT

Your Rights During a DUI Traffic Stop in Phoenix, Arizona

Being pulled over on suspicion of driving under the influence can be an intimidating experience. In the moment, it is easy to feel overwhelmed or unsure of what to say or do. However, understanding your legal rights during a DUI traffic stop in Phoenix, Arizona can help you avoid making decisions that may negatively affect your case later.

While Arizona has some of the strictest DUI laws in the country, every driver still has constitutional rights. If you have been stopped by law enforcement for suspected DUI, knowing those rights and contacting an experienced DUI defense attorney as soon as possible can make an important difference.

Why Police May Stop You for a Suspected DUI

A police officer cannot stop a vehicle without a legal reason. During a DUI investigation, officers generally need reasonable suspicion that a traffic violation or other circumstances justify the stop. This could include:

Weaving between lanes
Driving significantly below or above the speed limit
Failing to obey traffic signals
Erratic braking or acceleration
Equipment violations, such as broken lights

Once the stop has been made, the officer may begin investigating whether alcohol or drugs have impaired the driver's ability to operate a vehicle safely.

You Have the Right to Remain Calm and Polite

The way you conduct yourself during a traffic stop matters. Remaining calm and respectful can help prevent the situation from escalating.

When requested, you should provide:

Your driver's license
Vehicle registration
Proof of insurance

Avoid arguing with the officer or making sudden movements. While being cooperative is important, you are not required to answer every question asked during the investigation.

You Have the Right to Remain Silent

One of your most important constitutional protections is the right to remain silent.

An officer may ask questions such as:

"Have you been drinking tonight?"
"How many drinks have you had?"
"Where are you coming from?"

You are not required to answer questions that may incriminate you. You may politely state that you wish to remain silent and would like to speak with an attorney before answering additional questions.

Exercising your right to remain silent should not be viewed as an admission of guilt. It is simply one of the legal protections available to everyone.

You Can Request an Attorney

If you are arrested for DUI, you have the right to request legal representation.

A DUI attorney can help protect your rights, explain the legal process, and begin reviewing the circumstances surrounding your arrest. Seeking legal guidance early often allows important evidence to be preserved and legal deadlines to be addressed promptly.

Understanding Field Sobriety Tests

During a DUI investigation, an officer may ask you to perform field sobriety tests.

These tests often include:

Walking in a straight line
Standing on one leg
Following an object with your eyes

Field sobriety tests are intended to help officers evaluate possible impairment, but factors such as medical conditions, fatigue, uneven pavement, weather, injuries, age, or anxiety can also affect performance. Because every situation is different, the results of these tests may later become an important part of a DUI defense.

Arizona's Implied Consent Law

Many drivers confuse field sobriety tests with chemical testing.

Arizona operates under an implied consent law. This means that by driving on Arizona roads, drivers are generally considered to have consented to chemical testing—such as a breath, blood, or urine test—after a lawful DUI arrest. Refusing a chemical test can result in administrative penalties, including a driver's license suspension, even if a DUI conviction does not ultimately occur.

Because these situations can become legally complex, speaking with a DUI attorney as soon as possible is often the best course of action.

If Your Rights Were Violated

Every DUI investigation must comply with both Arizona law and the United States Constitution.

Depending on the circumstances, issues that may affect a DUI case include:

An unlawful traffic stop
Improper questioning
Violations of constitutional rights
Improper collection or handling of evidence
Errors during the investigation

If law enforcement failed to follow proper legal procedures, it may affect the admissibility of evidence or other aspects of the prosecution's case.

What You Should Do After a DUI Traffic Stop

If you have been arrested for DUI in Phoenix, taking prompt action is important.

Consider the following steps:

Avoid discussing your case with anyone other than your attorney.
Keep copies of any paperwork you receive.
Write down everything you remember about the traffic stop while it is still fresh.
Contact a DUI defense attorney as soon as possible.

Early legal guidance can help ensure deadlines are met and that your rights are protected throughout the legal process.

Contact Jacobo Law Firm, PLLC

A DUI arrest does not automatically result in a conviction. Every case deserves a careful review of the facts, the traffic stop, the evidence collected, and whether law enforcement followed the law throughout the investigation.

If you were stopped or arrested for DUI in Phoenix, Arizona, Jacobo Law Firm, PLLC is committed to protecting your rights and helping you understand your legal options. Attorney Manny A. Jacobo carefully evaluates every aspect of a DUI investigation and works to identify issues that may impact your case.

To learn more or schedule a consultation, visit https://www.jacobolawfirm.com/ or call 480-800-0919 today.