Possession of Drug Paraphernalia in Utah
A Utah drug paraphernalia conviction can mean jail time, fines, and losing your driver’s license. Contact us today to arrange for an initial consultation, and see how the right attorney can help.
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.
The best defense attorneys challenge the status quo through ethical advocacy both in and out of the courtroom.
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 Utah Drug 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.”
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.
The best attorneys understand that the effects of a criminal charge extend beyond the courtroom.
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.
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.
A good defense strategy should be designed to help you achieve your goals.
Contact a Defense Attorney for Drug Paraphernalia Charges
If you are facing prosecution for possession of drug paraphernalia or other criminal charges, the assistance of an experienced criminal lawyer can be vital.
Contact us today to arrange for an initial consultation.