Davis County Utah

Who’s Responsible – Drug Possession Cases

Can I be criminally charged in Utah if someone else claimed all the drugs?

Police investigation of drug cases in Utah sometimes involve situations where multiple people are confronted by police regarding drug possession or drug distribution. On occasion, one person in the group will claim responsibility or ownership of all of the drugs, paraphernalia, or other incriminating evidence.

Sometimes this claim of responsibility is the truth. But sometimes, a person will claim responsibility or ownership with the hope of protecting the other individuals from being arrested or charged with a crime.

Claim Your Fifth Amendment Rights

When confronted by police in regard to a criminal investigation in Utah, the safest general advice is to exercise your Fifth Amendment right to remain silent and to get a lawyer. If you do choose to speak to a police officer, you should not lie. Giving false information to a police officer can result in charges for giving false information, making a false police report, or for obstruction of justice.

The Concept of Possession Defined

Utah Code 58-37-2 defines the concept of “possession” as including “individual, joint, or group possession or use of controlled substances.” To prove “joint” or “group” possession of a controlled substance, a prosecutor must prove that the defendant “jointly participated with one or more persons in the use, possession, or control of any substances with knowledge that the activity was occurring”

When a person claims ownership or responsibility for drugs or other evidence of criminal conduct, it severely impacts the person’s criminal defense case. And under Utah law, it does not provide any guarantee that the police or prosecutor will not be able to build a criminal case against the other individuals.

Other Evidence of Possession and Alternate Charges

Depending on what other evidence is obtained by police, Utah law may allow other individuals to be charged with a crime. In a drug case, police may have evidence that one of the other individuals was making arrangements for someone to make a drug sale (distribution). Other individuals could be suspected of and charged with attempting to purchase drugs (attempted possession). Other individuals could be charged as an accomplice, and as such could face charges equal in severity to the person who claimed responsibility for the drugs. Even if the evidence indicated only that an individual was acting as a lookout, a prosecutor could still file charges against that person as an accomplice.

Finding a Good Criminal Defense Attorney

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