Defending Drug Paraphernalia Charges in Ogden
Possession of Drug Paraphernalia
A conviction for
drug
paraphernalia in the Ogden courts can result in fines, jail
time,
and losing your
driver's license. As an
experienced
criminal
defense
attorney, Stephen
Howard represents clients throughout Utah who are facing prosecution
for
drug charges
and other crimes. He has extensive experience
defending
felony
and
misdemeanor
cases, and a track record of achieving
real results for his clients. Contact us now to arrange for an initial
confidential consultation and see how we can help you.
This page contains information on:
What
is Considered "Drug Paraphernalia"?
Under Utah law, the definition of "drug paraphernalia" is very
broad and encompasses many items that also have very innocent uses. But
because of certain technicalities in Utah's drug paraphernalia laws and
depending on the specific facts of a case, some items that are
traditionally considered to be paraphernalia will fall outside the
criminal definition of drug paraphernalia. The key issue in many Ogden
paraphernalia cases is the intended use of the item.
In
order to be considered drug paraphernalia, the prosecution must prove
that the defendant used or intended to use the item for illegal
purposes - to ingest, inject, inhale, package, contain weigh, or one of
a variety of uses relating to illegal drugs. Often times, a small
amount of residue from a controlled substance can be the key piece of
evidence that turns an innocent object into drug paraphernalia.
To illustrate, consider the following hypothetical.
A
person driving through Utah is pulled over by police for a minor
traffic violation. During the traffic stop, police observe a glass pipe
consistent with those often used to smoke marijuana. Police search the
vehicle, and find a suitcase filled with glass pipes. The police ask
the driver about the pipes, and he explains that he is a glass artist.
He tells police that he has a studio in California where he creates his
glassware, and is just returning from an event in Colorado where he has
been selling his pipes. Police test several of the pipes for
marijuana/THC residue, but find that the pipes are clean.
In
the above hypothetical, police found no evidence to show that the
driver intended to use the pipes to smoke
marijuana
in Utah. Therefore,
they should not be considered drug paraphernalia and no charges should
be filed for possession of paraphernalia.
Ordinary items such as a spoon, aluminum foil, plastic bag, or balloon,
can sometimes constitute drug paraphernalia. On the other hand,
sometimes a balloon is just a balloon. It all depends on the intended
use
of the item and whether the prosecutor can prove that intended use.
Simply possessing a balloon, plastic baggy, or even a syringe is not
illegal. Both the Utah and Federal constitutions provide that all
people charged with a
crime are presumed innocent. The burden of proof is on the prosecutor
to convince a jury, beyond a reasonable doubt, of each
and every element of the crime charged. In cases involving allegations
of drug paraphernalia possession, it is not enough for the prosecutor
to prove just possession of the item. The prosecutor also must prove
that the intended use of the item was also illegal in some way.
Proving
"Possession" in an Ogden Drug Paraphernalia
Prosecution
The most common kind of
possession
cases in Ogden involve allegations
that the defendant was caught with drugs in their immediate (or
"actual") possession. For example, police frisk a person and find a
pipe or syringe in their pocket, purse, or even in their hand. But many
drug cases involve a more subtle legal concept referred to
as "
constructive
possession."
In a constructive possession case, police do not find the drugs or
paraphernalia in defendant's immediate
possession (hand, pocket, etc.). Instead, police may have found the
item in the back seat of a car, sitting on a kitchen table, or in some
other location where more than one person may have had access.
Merely being present with or in close proximity to drugs or
paraphernalia is not sufficient to support a conviction. A prosecutor
must also prove that the defendant had knowledge
of the item, and had both the ability and the intent to
exercise control over this item.
Many constructive possession cases involve drugs or
paraphernalia found in a car driven or owned by the defendant.
Sometimes other people may also be present in the car when police
investigate the case. But sometimes the driver is the only one there.
Some of our clients have reported that police have told them that they
are legally
responsible for anything found in their car. When multiple people have
been present in a car, some of our clients have reported that police
have told them, "Unless someone takes responsibility for this
(marijuana, paraphernalia, etc.), then we will just charge everyone
here." This kind of statement may be a useful interrogation tool for
police, but it is not an accurate statement of Utah law.
Penalties
for Possession of Drug Paraphernalia in Ogden
Most
Ogden drug paraphernalia charges filed in the Ogden City Justice Court
begin at the class B misdemeanor level with a maximum jail sentence of
up to 180 days. If enhancements are involved (e.g. a drug-free) that
increase the level of the offense to the class A misdemeanor level,
then the charge must be filed in the district court. A class A
misdemeanor carries a potential of up to 365 days in jail.
In addition to jail time, fines in Ogden drug cases can be in the
thousands of dollars. If jail time is suspended, then probation can
include substance abuse treatment, drug testing, community service, and
a variety of other conditions determined by the court to be appropriate
to the defendant's specific circumstances.
Utah
criminal defense lawyer
Stephen Howard has
considerable experience defending drug cases in Ogden and throughout
Utah.
He has also worked extensively in Utah's drug court
system. During his career, he has successfully defended drug cases
ranging from
first-degree felony distribution crimes to misdemeanor paraphernalia
charges.
Contact us today to
see how we can help you.