Salt Lake Criminal Defense Attorney Utah
Criminal Defense Attorney Stephen Howard
Call Criminal Defense Attorney in Utah
Call Utah Criminal Lawyer
Experienced Criminal Defense Lawyers / Former Prosecutors
Call 801-449-1409 now to see what our criminal defense team can do for you.
Utah Criminal Defense Lawyer Salt Lake City

Criminal Defense Solutions Start HereSM

Finding a Felony Defense LawyerChoosing a Misdemeanor Defense LawyerDrug and Alcohol Crimes Defense LawyerWhite Collar Defense Attorney for Utah ChargesAttorney for Expungements Reductions and PardonsDefendant Constitutional Rights Criminal LawyerBail and Bond Alternatives in UtahReasons for Hope Facing Criminal Charges

Drug Paraphernalia Charges - Davis County

Criminal charges for possession of drug paraphernalia in Utah are typically filed at the misdemeanor level. Any criminal charge should be taken seriously, and the assistance of an experienced defense attorney can be key in achieving the outcome you need in your case.

The following information is not a substitute for competent legal advice. Please contact us directly to see how our experienced criminal defense legal team can help you.

Penalties for a Paraphernalia Conviction in Davis County

Davis County Utah Salt LakeA criminal conviction for possession of drug paraphernalia at the class B misdemeanor level carries potential penalties of up to 180 days in jail and a fine of up to $1,000 plus a 90% surcharge and security fees (making a total potential financial penalty of nearly $2,000). A judge is not required to sentence a defendant to the maximum penalty, but many judges will order the maximum jail and fines and then suspend some part or all of the jail or fines conditioned on the successful completion of probation.

Conditions of probation (if granted) will frequently include a substance abuse evaluation and completion of any recommended treatment, drug testing, community service, good behavior (no further criminal charges), and any other conditions or terms that the court may find to be appropriate under the specific circumstances of the case. A court may impose supervised probation through either a government probation agency or a private probation provider, or the court may place the defendant on court-supervised probation (sometimes referred to as "good behavior" probation or "unsupervised" probation).

A charge of possession of drug paraphernalia can sometimes result in a negotiated abeyance agreement. When a plea is held in abeyance, the plea typically is not entered as a conviction but is instead held by the court and later dismissed if the conditions of the abeyance agreement are met.

Understanding the options that are available in defending against a drug paraphernalia prosecution is vital in making a complete assessment of which options may be best-suited to a specific case and a specific defendant's circumstances. Consulting with an experienced criminal defense attorney is a critical part of that process.

Definition of Paraphernalia under Utah Law

The term "drug paraphernalia" is broadly defined under Utah law and can include a variety of items - some of which are commonly recognized as drug paraphernalia and some of which are ordinary items which become paraphernalia only if the defendant has a particular intent or state of mind. In some circumstances, an object that would often be treated as an item of drug paraphernalia may not meet the Utah statutory definition of drug paraphernalia based on the defendant's intent or state of mind.

Utah Code section 58-37a-3, "drug paraphernalia" is defined as including "any equipment, product, or material used, or intended for use, to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, package, repackage, store, contain, conceal, inject, ingest, inhale, or to otherwise introduce a controlled substance into the human body" in violation of the Utah Controlled Substances Act.

Common Charges Accompanying Drug Paraphernalia Prosecutions

It is rare that a drug paraphernalia charge will be filed in isolation. Because an item must have an intended use that relates to illegal drugs in some way before the item will be considered drug paraphernalia, the crime of unlawful drug possession (unlawful possession of a controlled substance) is the most common charge seen alongside a charge for possession of drug paraphernalia. If minors (children under the age of 18) are present where drugs are possessed, the level of a drug possession charge may be enhanced. If children or "vulnerable" adults (as defined by statute) are "exposed" to drugs, the person responsible for such exposure can face felony charges for endangerment of a child or vulnerable adult.

Finding a Lawyer for Drug Charges in Davis County

Defense Lawyer for Drug Cases in UtahPenalties for possession of drug paraphernalia and associated charges can be significant, and consequences of a conviction can extend beyond just the court case. Having the assistance of the right criminal defense team is an important part of achieving the results you need.

Contact us today to see the difference our experienced Utah criminal defense team can make for your case.

Best Rating
Make a Payment to Your Account
Get Help Now
Name: Email: Phone: Describe your legal needs here:
I accept the disclaimer below.
Disclaimer: No attorney-client relationship is established by the use of this form. Confidential or time-sensitive information should not be submitted through this form. By clicking 'submit' I am only requesting that I be contacted for the purpose of obtaining legal services.

This form protected by reCAPTCHA.

  • Selected Victories
  • Criminal Defense AttorneyDismissed - Contractor was charged with theft by deception for allegedly misusing customer funds and failing to complete work that had been agreed upon. A successful motion to quash on legal grounds following the bindover order at preliminary hearing resulted in a complete dismissal of all charges.
  • Drug Crimes Defense Attorney Utah Dismissed - Client was facing multiple cases involving first-degree felony drug distribution charges for allegedly selling to a confidential informant. Defense analysis of the case revealed fatal flaws in the prosecution case that ultimately resulted in a complete dismissal of all cases and charges.
  • Utah 402 Reduction Attorney Felony Reduced - Client with prior felony conviction was granted a 402 reduction to the misdemeanor level over the objection of the prosecutor. Based on information provided to the court in support of the defense motion, the judge ruled in favor of the defense.
  • Felony Attorney Utah 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 Constitutes Drug Parpahernalia in Utah How is drug paraphernalia defined in Utah? - The definition of drug paraphernalia under the Utah criminal code looks at both the nature of the object and also the intended use of the object in question. . . .
  • Utah Misdemeanor Attorney Salt Lake 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. . . .
Best Utah Criminal Defense Strategy

Successfully defending against criminal prosecution requires more than just an 'aggressive' defense. The best defense attorneys understand that a sophisticated defense requires a thorough understanding of a variety of nuanced legal issues, real experience in the courtroom, good negotiation skills, and much more. Fighting hard is good. Fighting smart is better....

Strategy »
Salt Lake Criminal Defense Attorney Profile Utah

Our criminal defense lawyers have represented clients facing some of the most serious felony charges on the books in Utah. Whether you are facing prosecution for felony or misdemeanor charges, you can be assured that our attorneys have the experience, knowledge, and determination necessary to help you achieve the results you need. Choosing the best defense attorney for your case will be one of the most important decisions you make....

Experience »
Conviction Consequences - Utah Criminal Defense

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 »
Utah Criminal Defense Attorney - Hope

Facing criminal prosecution in Utah can feel like your world is collapsing. But there are reasons to remain hopeful, and there are things you can do right now that can help increase the odds of a successful outcome. An experienced criminal defense attorney can help you evaluate the various options you have, and can help you....

Reasons to Hope »
Home | Attorney Profile | Case Results | Criminal Code | FAQ | Legal Resources | Defense Strategy | Contact Us

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

The materials in this website are intended for informational purposes only, and are not legal advice. Viewing or responding to materials in this site does not create an attorney-client relationship. Read Full Disclaimer.