A criminal charge for possession of a controlled substance in a Utah correctional facility carries significant potential penalties. If you are found carrying drugs into a jail or prison, the offense level can be enhanced by one degree above what the charge would normally be. But there are potential defenses available to this criminal charge.
Elements and Defenses
Utah law provides that person convicted of illegal possession of a controlled substance “while inside the boundaries of a property occupied by any correctional facility” or in “any public jail or other place of confinement” are subject to a penalty one degree greater than what would otherwise apply.
The best defense attorneys challenge the status quo through ethical advocacy both in and out of the courtroom.
Many people who are charged with possession of a controlled substance in a correctional facility are people who were booked into jail, either on an outstanding warrant or for other recent charges, and just happened to have drugs in their possession when they were booked. In many of these cases, the person did not intend to smuggle drugs into the jail. Given the choice, the person would not be in jail at all. Such cases raise the issue of whether a person who does not intend to bring drugs into a jail or correctional facility should be subject to an enhanced penalty.
When a person is arrested, he may be faced with the choice of giving up his Fifth Amendment privilege against self-incrimination by announcing to police that he has drugs in his possession, or risking an enhanced penalty by remaining silent and waiting till he goes through the jail booking process and police find the drugs at the jail.
Such a choice essentially imposes a higher penalty on a person for exercising his or her Constitutional rights. The criminal court system should not permit this kind of forced waiver of Constitutional protections.
The best attorneys understand your case involves more than just what happens in court.
Penalties for Drug Possession in a Utah Jail or Prison
Under Utah criminal law, a person found in possession of a controlled substance in a correctional facility, jail, “or other place of confinement” is subject to a penalty enhanced one level higher than for ordinary drug possession. For example, a person found in possession of cocaine would normally be charged with a third degree felony, punishable by up to 5 years in prison. If a person is arrested and taken to jail, and if cocaine is found in his possession at the jail, a prosecutor may file the charge as a second degree felony, punishable by up to 15 years in prison. A simple marijuana possession charge, normally a class B misdemeanor, can be enhanced to a class A level punishable by up to a year in jail.
