A drug paraphernalia conviction becomes part of your criminal record, and carries consequences that can follow you long after the court case is resolved.
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What is Considered “Drug Paraphernalia” in Utah?
Utah’s definition of “drug paraphernalia” is very broad. Pipes and syringes are some of the more obvious items. But things with innocent uses such as plastic bags, aluminum foil, and pens can suddenly become “drug paraphernalia” if a police officer believes that their intended use involves drugs.
There is nothing illegal in simply possessing a plastic baggy, foil, or even a syringe. Under the Constitutional protections guaranteed to all people charged with a crime, you are presumed innocent. The law places a burden on the prosecutor to convince a jury of your peers, beyond a reasonable doubt, of each and every element of the crime of possession of drug paraphernalia. That means proving more than just possession of the items, but also that the items intended use related to illegal drugs in some way.
Proving “Possession” in a Paraphernalia Case
Sometimes, police catch a person red handed – with drug paraphernalia in their hand, pocket, etc. But many Utah drug cases involve more subtle legal issues in what is referred to “constructive possession.”
A good attorney will talk with you about how your case can affect your job, education, family, and future.
Constructive possession means that the item is not in your immediate possession (your hand, pocket, etc.), but rather that you have knowledge of the item and both the ability and the intent to exercise control over the item. In other words, if you are aware of the item, and you intend to do something with it, you are considered to be in constructive
possession of the item.
Many constructive possession cases in Utah involve drugs or paraphernalia found in a car driven or owned by the defendant. Some defendants have reported being told by police that they are legally responsible for anything found in their car. This is not an accurate
statement of Utah law. Simply because an item is found close to you (in the same car, the same room, etc.), you are not automatically considered to be in possession of that item.
Drug possession cases in Utah can also involve an “innocent possession” defense. The defense of innocent possession is relevant in cases where a person innocently discovers drugs, and takes possession of said drugs only briefly and only for the purpose of
disposing of said drugs. The innocent possession defense will not normally be relevant to a charge of drug paraphernalia possession, because the intent element (mens rea requirement) of Utah’s drug paraphernalia statute essentially negates the innocent possession defense.
Understanding your goals is the first step to developing the best defense strategy.
Penalties for Drug Paraphernalia Possession in Utah
Most Utah drug paraphernalia charges are filed as class B misdemeanors (180 days jail maximum). But possession of drug paraphernalia can be charged as a class A misdemeanor (365 days jail maximum) if a drug free zone enhancement is found to apply. Delivering drug paraphernalia to another person can also be punished as a class A
misdemeanor. In rare cases, a felony charge may be filed for delivery of drug paraphernalia to a minor.
Finding an Experienced Criminal Defense Attorney
Even misdemeanor convictions carry serious consequences. Contact us today to see how the right defense attorney can make a difference for you.
