Criminal Charges for Hiding Evidence in Utah
News stories occasionally surface talking about people who have been caught by police while trying to flush illegal drugs down a toilet. In addition to the environmental, health, and safety issues connected with the improper disposal of drugs, there are potentially serious legal consequences for illegal possession of drugs or controlled substances with additional penalties if police catch a person trying to hide or destroy evidence.
If you are facing prosecution for a drug offense or other crime in Utah, obtaining the assistance of an experienced criminal defense lawyer can be the best way to avoid the most serious consequences of a criminal conviction. Contact us today to arrange for a confidential consultation.
The best defense attorneys ask questions that police don’t.
Obstruction of Justice in Utah Drug Cases
In cases where a person is accused of flushing drugs down a toilet or otherwise trying to conceal or destroy drugs, a criminal charge for obstruction of justice may be filed. But the mere destruction of drugs is not, by itself, sufficient to support an obstruction charge.
Criminal charges for obstruction of justice generally involve actions intended to hinder, prevent, or delay a criminal investigation, arrest, or prosecution. If a person is attempting to destroy drugs because the person recognizes that the drugs are dangerous and potentially harmful (e.g., could seriously injure or kill a child who accidentally ingested
the drugs), then the person’s actions may qualify for an “innocent possession” defense. But if the person is trying to destroy the drugs to avoid being caught by police, then an obstruction of justice charge may be appropriately filed.
In many cases involving obstruction of justice charges, it is often the defendant’s state of mind or mens rea that can be the critical element in the case. Two people, engaging in identical conduct, could be variously found guilty and not guilty based on differences in their mental state at the time they engaged in the conduct.
A good attorney will talk with you about how your case can affect your job, education, family, and future.
Penalties for Flushing Drugs
If a person is charged with obstruction of justice for flushing drugs down a toilet, likely charges can range from a second degree felony (up to 15 years in prison) to a class A misdemeanor (up to 365 days in jail). The level of the offense can vary based on what the underlying criminal activity was, what the person did to hide evidence, hinder an investigation, etc., whether a weapon was involved, and many other factors.
Finding a Utah Criminal Defense Attorney
If you have found yourself in possession of drugs or evidence of some other criminal act, it is important to obtain the assistance and advice of an experienced criminal defense attorney before deciding what actions to take. The penalties for a mistake can be serious.
Contact us today to see how the right criminal defense team can help you.
A successful defense strategy starts with an understanding of your goals and needs.
