Utah Drug Crimes Defense - Salt Lake Criminal Attorney
Based in Salt Lake City, Stephen Howard is a Utah
criminal
defense attorney
with extensive experience defending drug
crimes. His
record of success includes
charges ranging from
first-degree felony distribution to misdemeanor marijuana cases. If you
or a loved one are facing criminal prosecution for drug crimes in Utah,
an experienced criminal defense attorney can be vital to achieving a
successful outcome.
Contact us today to arrange
for an initial
consultation.
This page provides information on the following:
Utah
Drug Crimes Lawyer - Constitutional Protections
The
Fourth
Amendment's protections against unreasonable search
and seizure can play a major role in defending Utah drug crimes. If
police have obtained evidence in violation of the Fourth
Amendment, that evidence can be ordered "suppressed." A
suppression
order means that the prosecutor cannot use that evidence
against you at
trial. Often, this will result in an outright dismissal of the criminal
case.
Most possession charges involve allegations that drugs were found
in your car, in your home, or on your person. Not coincidentally, some
of the more common violations of the
Fourth Amendment involve police officers unlawfully searching your car,
your home, or your person.
If you have been accused of
possession,
paraphernalia,
distribution,
or another Utah drug crime, an experienced Utah drug
crimes attorney can analyze your case and help determine if your rights
have been violated.
Fact
Defenses to Utah Drug Crime Prosecution

Just because police find drugs doesn't necessarily mean that you are
guilty. Depending on the specific facts of your case, there
may be factual defenses based on entrapment, compulsion, "innocent
possession," and "
constructive
possession."
Clients
have reported that police tell them that if the drugs are found in
their car (home, apartment, room, etc.) then they are responsible. This
is simply not true. In order to support a criminal drug possession
charge, the evidence must prove beyond a reasonable doubt that the
defendant knowingly and intentionally possessed the controlled
substance. This means that the prosecutor must prove that the defendant
knew the drugs were there, was aware of the character of the substance
(i.e., knew what the drugs were), and had the intent to exercise
controll over orpossess the drugs.
Just because police find drugs does not mean that you are
automatically guilty. Subtle differences in the facts can make major
differences in ultimate
outcomes. You should consult with
an experienced Utah drug crimes attorney to determine the best way to
build a defense around the specific facts of your case.
Utah Drug
Crimes - Penalties and Enhancements
Most Utah drug crimes are filed as
felonies.
Marijuana and drug paraphernalia possession are the most
common exceptions, and are normally filed on a
misdemeanor
level. But simple possession of most other common street drugs (
heroin,
cocaine,
methamphetamine,
etc.) and many
prescription
medications will
normally be filed at the third-degree felony level. At the
third-degree level, simple possession carries a possible 0-5 year
prison term.
Distribution of a controlled substance,
possession
with the intent to
distribute, and offering or arranging to distribute a
controlled
substance are normally filed at the second-degree felony level. At this
level, these charges carry the potential of a 1-15
year prison term.
While these potential penalties are severe, Utah's
legislature has given prosecutors the option of enhancing drug crimes
to even higher levels under
certain circumstances. Two grounds for enhancement are
proximity to a "drug free zone" and prior convictions. These
enhancements are not always justified, and an experienced drug crimes
lawyer can help determine if the evidence supports the enhancement.
A
drug
free zone is defined as any place within 1000 feet of a
school,
church, park, stadium, mall, theater, parking lot, pre-school, child
care facility, etc. The list of qualifying locations is so
large that in most cities and towns in Utah, it can be hard to find a
place that is not within a drug free zone.
Charges can also be enhanced if you have previously been convicted
of another drug crime. Unfortunately, many people who are
struggling with addiction find themselves getting charged more than
once. The possibility of an enhancement makes it even
more important to handle the case right the first time.
Each enhancement increases the level of the charge one step - a
third-degree felony becomes a second; a second-degree felony becomes a
first. And enhancements can be "stacked." That
means that many drug charges can be filed as a first-degree
felony, punishable by up to life in prison. Actually serving a life
sentence for a state drug charge is rare. But the stakes are high.
Consultation with an effective Utah drug
crimes lawyer is critical to success.
The
Legal Case is Only Half the
Battle

If you're facing prosecution for Utah drug crimes, fighting the legal
case
is only half the battle. Stephen Howard is an
experienced Utah drug
crimes defense attorney, and can help guide you toward a lasting
solution.
First is the question of how to best handle the legal case. This
involves constitutional defenses, search and seizure
law, factual disputes, the presumption of innocence, the right to
counsel, the privilege against self incrimination, and other legal
issues and arguments that can come into play in a Utah drug crime case.
Regardless
of the outcome of the legal case, many people facing
prosecution for drug crimes are also struggling with addiction or
substance abuse. Even if the case is dismissed or a not guilty verdict
is
achieved, a person struggling with drug or alcohol addiction still has
another fight ahead of them. Just winning the legal case is
not enough if the addiction and
substance abuse issues have not been addressed. That is the
second half of the battle.
Stephen Howard is an experienced Utah drug crimes lawyer, and
is uniquely qualified to address both sides of your case. He
has successfully defended his clients in court for
many drug
crime prosecutions. He also served previously for several
years as defense counsel in a felony drug court program. This
position gave him extensive experience and training in how best to
address substance abuse issues within the context of the criminal
justice system.
Whether your primary goal is to take your case to trial or to find
help with your addiction, you need an effective Utah drug crimes lawyer
who understands both
sides of the case. Stephen Howard is qualified to help you
get the results
you need.
Contact us today for an
initial consultation.
Utah Drug
Courts
Drug courts
can provide an opportunity to both resolve your legal problems as well
as
get help with addiction and substance abuse. As an attorney
who
worked as defense counsel in a Utah felony drug court program for
several
years and a former member of the National Association of Drug Court
Professionals, Stephen Howard knows that drug courts can change lives
and even save lives. But as an experienced Utah drug defense
lawyer, Stephen Howard knows that a drug court program is not always
the best solution to your legal case.
Drug court programs
can be complicated and typically require a lot of work. But
the
potential payoffs for those who successfully participate can
be
significant. To determine whether drug court is the right way
to
deal with your case, you should consult with a lawyer who has extensive
experience working inside a Utah drug court program.
Learn more about Utah's
drug court
system by clicking
here.
What
is a Utah "Drug" Crime?
What are "drug" crimes? The obvious answers include
possession of a controlled substance, possession of paraphernalia,
possession with the intent to distribute,
distribution of a controlled substance, etc.

But the real
answers go deeper. Some Utah prosecutors will refer
to crimes such as
forgery,
theft,
credit
card fraud, and even
burglary
as "drug"
crimes. Even though the crime itself does not involve a
controlled substance,
many people have committed these offenses in order to support their
addiction.
The White House Office of
National Drug
Control
Policy estimates that illicit drug users are about 16 times more likely
than
nonusers to be arrested for larceny or theft; more than 14 times more
likely to
be arrested for alcohol-related offenses; and more than nine times more
likely to
be arrested and booked on an assault charge. (Office of National Drug
Control Policy, Fact Sheet, 2000.)
If you are charged with a
non-drug offense, but you are also struggling with substance abuse or
addiction, you should talk to your defense lawyer about this.
The
information you give your lawyer is confidential, and protected by
the attorney-client privilege. But with your consent,
an experienced drug crimes lawyer may be able to use that
information to ultimately benefit your case.
Utah
Drug Crimes - Stop the Revolving Door
Jail shouldn't be a
revolving door. But
for a
person fighting addiction to drugs or alcohol, the first trip to jail
will usually not be
the
last. People struggling with addiction don't just get
arrested for drug possession. They also get arrested for
things
they do to
get
drugs, and
they
get arrested for things they do while they're under the influence.
Crimes that seem unrelated to drugs, such as theft, forgery, burglary,
shoplifting, or even assault, can repeat and escalate as a person's
life spirals into an
increasingly difficult web of serious problems. Unless the
bottom
line
is
addressed, jail can become a revolving door. An experienced
Utah drug crimes lawyer can help stop the revolving door.
During the years he served as defense counsel in a felony drug
court,
Utah drug crimes attorney Stephen Howard acquired extensive
experience and training specific to
substance
abuse issues in the legal system. His experience and training
can
help guide
clients through the legal system toward more lasting solutions.
Whatever
crime
you've been
charged with, if drugs are part of your life, you need help. Utah
drug crime lawyer Stephen Howard has the experience you need.
Finding
a Utah Drug Crimes Attorney

If
you are facing prosecution for drug-related crimes in Utah, having
the right defense attorney can be critical to success in your case.
Based in Salt Lake City, criminal defense lawyer Stephen Howard has
spent his career assisting people facing criminal prosecution in Utah.
Contact us today to
schedule
an initial confidential consultation with Mr. Howard. Learn what an experienced
Utah
criminal defense lawyer can do for you.
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