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 alleged attack using broken bottle as a weapon. Despite the testimony of numerous prosecution witnesses, thorough defense investigation to support a self-defense claim resulted in acquittal by jury at trial.
Dismissed on Appeal - DUI case was dismissed after a successful appeal where the Utah Court of Appeals reversed the trial court's denial of the defense motion to suppress. Without the suppressed evidence, the prosecutor acknowledged that they did not have sufficient evidence to proceed to trial and the case was dismissed.
2-Step Reduction - Client needed a two-step reduction to bring a prior conviction to the misdemeanor level. Collection of substantial evidence of reform and rehabilitation convinced a normally reluctant prosecutor to stipulate to the defense 402 reduction motion.
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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 single misdemeanor conviction in Utah can result in extended jail time and substantial fines. The collateral consequences of a criminal conviction can last a lifetime. Whether you are facing misdemeanor prosecution in a justice court or more serious felony charges in the district court, obtaining advice and assistance from an experienced criminal defense attorney is....
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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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