Davis County, Utah Drug Defense Attorney
Can I be charged with drug distribution if no drugs were sold?
Under the Utah criminal code sections dealing with
distribution of a
controlled substance or
possession with the intent to distribute, a
wide range of activities can form the basis for criminal charges - even
when no drugs are actually sold. If you are facing drug possession,
distribution, or other criminal charges in Davis County, an
experienced
criminal
defense attorney can make a real difference in the outcome of
your case.
Contact us today to arrange for an initial consultation.
Distribution of a Controlled Substance
Under Utah law, distribution of a controlled substance is a serious
felony charge punishable by substantial time in prison or jail as well
as thousands of dollars in fines. The law does not require any proof of
payment for or sale of drugs. Instead, the statute creates a broad
definition of "distribution" that can include sale, gifts, trades, or
other exchanges in which drugs are passed from one person to another.
But Davis County prosecutors have been known to distinguish between
individuals who have been charged for selling drugs and individuals who
"shared" something with a friend. Even when drugs have been sold for
money, Davis County prosecutors have been known to make a distinction
between individuals who are selling drugs for profit and individuals
who may be selling, but only to support their own drug addiction.
Individuals who are willing to address the issues related to their
addiction and engage in treatment are much more likely to receive more
leniency from both prosecutors and judges.
Offering or Arranging to Distribute a Controlled Substance
In addition to actual distribution, Utah criminal law imposes penalties
against individuals who have "offered" or "arranged" to distribute a
controlled substance. The statutory language used by the legislature
had been interpreted broadly to include conduct such as telling
someone where a dealer is from whom they can buy drugs,
telling a dealer how to contact someone who is interested in buying
drugs, or offering to meet someone at a specific time and location in
order to make a drug transaction.
Limits to the "Offering" Statute
Utah's courts have imposed some restrictions on the "offering"
component of this charge. In order to meet the required
elements of the offense, a prosecutor must be able to prove that the
defendant's offer to sell drugs was sincere. One such case involved a
defendant who told an undercover police officer that he would be
willing to sell drugs to the officer, took money from the officer, and
promised to return shortly with the drugs. The defendant took the
money, but did not return. Other officers shortly thereafter arrested
the defendant, and he was charged with offering to distribute a
controlled substance. When arrested, police did not find any drugs in
the possession of the defendant.
The defense argued that the prosecutor did not have sufficient evidence
to prove that the defendant actually intended to complete a drug
transaction. The evidence that the prosecutor was able to present was
indistinguishable from evidence that would show that the defendant was
merely scamming the undercover officer, and had used the pretense of a
supposed drug transaction to trick the officer into giving him the
money.
While the defendant may have been guilty of fraud or theft by
deception, the defense argued that there was no proof that the
defendant actually intended to sell drugs. Further, the prosecutor had
not filed a charge of theft or fraud - only the charge of offering or
arranging to distribute a controlled substance. Because a defendant is
presumed to be innocent under both our State and Federal Constitutions,
the defense argued that the prosecution did not have sufficient
evidence to support the drug charge.
The courts ultimately agreed with the defense..
Finding a Criminal Defense Attorney in Utah
Felony drug distribution charges in Utah can carry serious
consequences. Utah
criminal defense attorney Stephen Howard has a
track
record that includes dismissals or not guilty verdicts on some of the
most serious criminal charges on the books in Utah. Providing legal
services to clients in Davis County and throughout Utah, he has the
experience needed to help you get the results you need.
Contact us
today to arrange for an initial consultation.