Drug Possession Defense Lawyer for Ogden
A drug
possession
conviction in Ogden carries potential
consequences
that can include time in
jail or prison, thousands of dollars in fines, loss of a driver
license, and a range of probation conditions and
restrictions. Drug possession charges in Ogden can involve so-called
"street drugs" (
methampetamine,
cocaine,
heroin,
etc.) or
prescription
drugs that have not been lawfully obtained. And the penalties for both
can be equally harsh.
Criminal defense lawyer
Stephen Howard has extensive
experience working on
drug cases throughout Utah. He
has been successfull in defending cases ranging from first-degree
felony
drug
distribution to misdemeanor
marijuana
possession.
He has a track record of winning real results for his clients.
Contact
us now to see how we can help you.
Drug Possession - Penalties for Conviction
The level of a drug possession offense is determined initially by what
drug is involved. But other enhancements based on prior convictions or
location can substantially increase the penalties associated with the
possession charge.
Under Utah Code Ann. 58-37-4, if the case involves a drug
classified as either a Schedule I controlled substance (e.g.
heroin
or psilocybin
mushrooms) or a Schedule II controlled substance (e.g. cocaine,
methamphetamine, methadone, or other opiates), then the default for the
charge is a class A
misdemeanor, punishable by up to a year in jail.
Charges for possession of
most
other controlled substances (Schedule III, Schedule IV, or Schedule V)
start at the class B
misdemeanor level, punishable by up to 180 days in
jail.
Marijuana presents a significant exception to the "schedule" rules.
Even though marijuana
is classed as a Schedule I controlled substance, a charge for
possession
of less
than one ounce of marijuana starts at the class B misdemeanor level.
Charges for possessing between one and sixteen ounces of marijuana
start as a class A misdemeanor, and charges for possession of more than
sixteen
ounces
of marijuana can be filed at the
felony level - even without any
evidence of distribution or the intent to distribute. Although some
states have legalized marijuana possession for medical use or
even recreational use, prosecutors in Ogden and throughout
Utah continue
to file criminal charges for marijuana possession.
Ogden Drug Possession Enhancements
Although the Utah legislature has reduced the initial severity of many
drug possession offenses to the misdemeanor level, prior convictions
can result in felony-level enhancements. Enhancements can
also be added if the offense takes place in a "drug free zone" or if a
person has smuggled a contrtolled substance into a
correctional facility. Some enhancements can also be "stacked,"
resulting in
more serious consequences. If a child is present or even near by,
possession of
a controlled substance can also result in the additional criminal
charge of child endangerment.
Stakes go up substantially when
police or prosecutors in Ogden believe that a person has distributed
drugs, or
possessed drugs "with the intent to distribute." Distribution or
possession with the intent to distribute can be filed as a second
degree felony that carries with it the possibility of 1-15 years in
prison. If enhanced , distribution or possession with the intent to
distribute, under some circumstances, can be a first degree felony with
five years to life in prison as a possible penalty.
Finding a Ogden Criminal Defense Attorney
If you find yourself
facing criminal prosecution for drug possession in Ogden or anywhere in
Utah, it is vital that you
have an experienced defense attorney on your side. Criminal defense
attorney Stephen Howard has considerable
experience working in Utah's felony drug court system,
defending serious felony and misdemeanor drug charges, and working with
clients who are
struggling with addiction.
Contact us today to
see how we can help.