Can I be criminally charged in Utah if someone else claimed
all
the drugs?
Criminal police investigations in Utah sometimes involve cases
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 responsbility or ownership with
the hope of protecting the other individuals from being arrested or
charged with a crime. If you have been contacted by police in
Utah, the best course of action is to consult with an experienced
criminal defense lawyer
before proceeding any further.
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.
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.
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.
Based in Salt Lake City, we provide services to clients throughout
Utah.
Contact us today to arrange
for an initial consultation with Utah
criminal defense lawyer
Stephen Howard.

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