Utah Criminal Defense Attorney Blog
Utah Legislature Declines to Vote on Medical Marijuana Bill
Posted by Utah Criminal Lawyer Stephen Howard - March 11, 2016After much debate within the legislature, demonstrations by citizens on both sides, pleas from patients who believe that medical marijuana will ease their suffering, and worries from others that the legalization of marijuana would create a variety of problems, the Utah legislature yesterday decided to pass on the issue of marijuana legalization. There is already discussion among supporters on the question of how to raise the issue again. But for now, possession of marijuana remains a criminal offense in Utah.
Criminal Charges for Marijuana Possession in Utah
Currently, under both federal and state law, possession of marijuana remains illegal in Utah. Although the federal government is choosing not to prosecute most violations of federal law relating to marijuana possession in states where marijuana has been legalized for recreational and/or medical use, a person in Utah who is found to be in possession of, using, or distributing marijuana can be prosecuted under federal or state law. Most marijuana charges in Utah are filed in the state court system or in one of the local justice courts found throughout the state.Marijuana possession charges begin at the class B misdemeanor level, punishable by up to six months jail and nearly $2,000 in fines (including surcharges and fees). Depending on the quantity of marijuana involved, the proximity to a drug-free zone, and whether distribution was involved or intended, the level of the offense can potentially be increased to the felony level.
Finding a Criminal Defense Lawyer in Utah
If
you have been charged with marijuana possession or other criminal
charges in Utah, the assistance of an experienced criminal defense lawyer is
vital. Serving Salt Lake County and the rest of Utah,
criminal attorney Stephen Howard has the experience
needed to ensure that your rights are protected. Contact us today to
schedule an initial consultation.- What You
Need to Know - Choosing an Attorney
- Avoiding Common Mistakes
- First-Time
Offenders
- Repeat
Offenders
- Out-of-State
Clients
- What to Expect in Court
- Potential Penalties
- Reasons for Hope
- Attorney Practice Areas
- Felonies / Misdemeanors
- District / Justice Courts
- Jury Trials / Bench Trials
- Pleas in Abeyance
- Expungements
- 402 Reductions
- Bench / Arrest Warrants
- Constitutional Violations
- Probation
- Appeals
- Juvenile Courts
- Selected Crimes
- Drug Crimes / Addiction
- DUI / Alcohol Crimes
- Property Crimes
- Financial / White Collar
- Violent Crimes
- Domestic Violence
- Aggravated
Crimes
- Selected Victories
Not Guilty - Client was charged with aggravated assault for allegedly pointing handgun at and threatening another driver during a road rage incident. Defense investigation and analysis, combined with effective cross-examination at trial indicated the alleged victim was the initial aggressor and suported client's self-defense claim. Jury acquitted client at trial.
Dismissed -
Client facing first-degree felony drug distribution
charge and potential life in prison. Charges were based on allegations that client had sold drugs to an undercover police officer, then made a full confession. Successful mitigation work
resulted in negotiated offer of misdemeanor plea-in-abeyance and
ultimate dismissal of case.
Expunged - Client with prior conviction for violent felony was ineligible for expungement through the courts. A successful 2-step reduction restored expungement eligibility and ultimately led to the court's decision to grant the requested expungement.
Dismissed - Client
facing first-degree felony charge and possible life in prison for child
kidnapping. Full defense
analysis of the case revealed critical legal flaws in the prosecution's case. When confronted with the defense legal analysis, the prosecutor agreed to dismiss the case outright without trial.
- Recent Posts
What
should I do if I am arrested for DUI? - Many DUI cases begin as minor traffic stops. But the consequences of a DUI conviction are much more serious than an ordinary traffic citation. If you are pulled over for a suspected DUI, you have specific important constitutional and statutory rights that can protect your. . . .
Can
I handle a Utah misdemeanor from out-of-state? - Even if you do not intend to take your case to trial, a misdemeanor criminal offense in Utah can require multiple court appearances to reach a resolution. If you have been charged with a crime in Utah, but are not a Utah resident, an experienced criminal defense attorney may be able to help you resolve
the case without returning to the state. . . .
The best outcome is more likely when the right strategy is employed. Developing the best strategy can require real courtroom experience, a thorough understanding of procedural and substantive legal issues, and a determination to ensure that important constitutional and other legal rights are protected. Choosing the right attorney....
Strategy »
Choosing the best criminal defense attorney for your Utah criminal case may be the single most important decision you make. The courtroom can be a hostile place. Prosecutors receive extensive training on legal and tactical issues. Having an experienced criminal defense lawyer on your side is critical to defending your case and protecting your rights....
Experience »
Even a "minor" misdemeanor carries the potential for jail time and significant fines. The direct penalties and collateral consequences of a felony conviction are even more severe. Understanding these consequences is critical as you make decisions relating to your case. Even in a misdemeanor case, you should not....
Consequences »
Clients sometimes ask what the "worst case scenario" is for their charges. We prefer to take a more positive approach. Facing criminal prosecution in Utah can have serious consequences. But you can take steps and make choices right now that will improve your chances of a positive outcome. Let us help you....
Reasons to Hope »
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Serving Salt Lake, Davis, Weber, Utah, Cache, Tooele, Summit, Box Elder, and Wasatch Counties, and all of Utah.
Attorney Stephen Howard practices as part of the Canyons Law Group, LLC and Stephen W. Howard, PC.
Offices in Salt Lake and Davis Counties
560 South 300 East, Suite 200, Salt Lake City, UT 84111
952 S. Main St., Suite A, Layton, UT 84041
Call now to arrange for a confidential initial consultation with an experienced and effective Utah criminal defense lawyer.
In Salt Lake City, call 801-449-1409.
In Davis County, call 801-923-4345.
Stephen W. Howard, PC
Serving Salt Lake, Davis, Weber, Utah, Cache, Tooele, Summit, Box Elder, and Wasatch Counties, and all of Utah.
Offices in Salt Lake and Davis Counties
560 South 300 East, Suite 200, Salt Lake City, UT 84111
952 S. Main St., Suite A, Layton, UT 84041
Call now to arrange for a confidential initial consultation with an experienced and effective Utah criminal defense lawyer.
In Salt Lake City, call 801-449-1409.
In Davis County, call 801-923-4345.
Stephen W. Howard, PC
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