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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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.
Expungement - Worked to restore client's expungement eligibility through 402 reduction process, then filed successful expungement petitions in multiple courts obtaining expungement orders and clearing client's official criminal history.
Dismissed at Preliminary Hearing
- Client
charged with aggravated robbery and facing life in prison. Full case analysis and consultation with client allowed the development of a strong defense strategy. Effective cross-examination of the alleged victim at the preliminary hearing resulted in an outright dismissal of all charges by the judge.
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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 right criminal defense lawyer can work with you to develop a defense strategy designed to achieve the best results. Hiring a Utah criminal attorney with real courtroom experience and an in-depth understanding of the legal issues involved in defending against a criminal prosecution can help ensure the best...
Strategy »
Defending against a criminal prosecution in Utah is a job that has to be done right the first time. Choosing the right attorney to defend you can be the most important decision you make. Our attorneys have extensive experience handling some of the most serious felony and misdemeanor charges on the books in Utah. No matter what charges you are facing, we can help....
Experience »
A Utah criminal prosecution can result in a lifetime of consequences. Beyond jail and prison, a conviction can affect many areas of life, including employment, housing, finances, family, and much more. Never plead guilty without first consulting with an experienced criminal attorney. Understanding what is at stake is the first step....
Consequences »
Being charged with a crime is not the same as being convicted. But just being charged can affect more than you may have imagined - jail, job, family, bills, rent or mortgage. It can feel like everything has gone wrong, and may you wonder if anything can go right. But facing criminal prosecution does not mean giving up hope....
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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