Distribution or Possession with Intent to Distribute
Drug distribution charges are not restricted to the stereotypical dealers. In Utah, even sharing a joint with a friend can result in being charged with distribution of a controlled substance.
Charges for actual distribution and for possession with the intent to distribute both begin as felony-level charges. Consequences of a conviction can continue long after the court case is over. Having a good attorney is vital.
The best defense attorneys challenge the status quo through ethical advocacy both in and out of the courtroom.
Consequences of a Drug Distribution Conviction in Utah
The difference in consequences between a simple possession charge and a drug distribution case can be dramatic. For example, Utah law punishes simple possession of marijuana beginning at the class B misdemeanor level. Marijuana distribution or possession with the intent to distribute increases the severity of the crime to a third degree felony, punishable by up to 5 years in prison.
Distribution of most other common street drugs (e.g. cocaine, heroin, fentanyl, or methamphetamine) and many prescription drugs is a charge that begins at the second degree felony level, punishable by up to 15 years prison. If the offense occurs in a drug free zone, the charge can be enhanced to a first degree felony, punishable by up to life in prison.
Distribution: Sharing or Selling Can Be Elements
Most people associate “distribution” charges only with “drug dealers.” But Utah statutes prohibiting drug distribution apply equally both to a person who buys a little extra to share with a friend and also to a person who is regularly buying and selling for profit.
The best attorneys understand your case involves more than just what happens in court.
Defense Options in Utah Drug Cases
A person facing criminal prosecution is presumed to be innocent. The prosecutor carries the burden of proving each element of a charged offense beyond a reasonable doubt. A jury must be unanimous in order to convict.
Many Utah drug cases resolve through plea negotiations without going all the way to trial. Litigation and motions can play an important part in pushing the prosecution to make a reasonable offer. A creative defense attorney can also help clients identify mitigating circumstances that can be persuasive to both the prosecutor and the judge.
But every criminal case carries with it the right to a trial by jury, the right to confront and cross-examine witnesses, and other important constitutional rights. A person charged with a crime is never required to accept a negotiated resolution.
Understanding your goals is the first step to developing the best defense strategy.
An experienced attorney will help clients identify strategies that are most likely to get the best results.
