Davis County Utah

Drugs in Jail or Prison

Charges for Possession in a Correctional Facility

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. Contact us today to see how our experienced defense team can help you.

Elements and Defenses to Drug Possession in Jail

Utah law provides that person convicted of illegal possession of a controlled substance โ€œwhile inside the boundaries of a property occupied by any correctional facilityโ€ or in โ€œany public jail or other place of confinementโ€ are subject to a penalty one degree greater than what would otherwise apply.

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 or require this kind of forced waiver of Constitutional protections.

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, โ€œor other place of confinementโ€ 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 class A misdemeanor punishable by up to 364 days in jail. 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 felony carrying potential prison time. A simple marijuana possession charge, normally a class B misdemeanor, can be enhanced to a class A level.

Finding a Utah Drug Crimes Defense Lawyer

If you are facing prosecution for Utah drug crimes, an experienced criminal defense attorney can make a real difference. Contact us directly to schedule an initial consultation and case analysis.

A good defense strategy helps you achieve your goals.

. . . A staff of first class lawyers, very professional, honest, and above all dedicated 100%. . . . I recommend them.

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