Salt Lake Criminal Defense Attorney Utah
Criminal Defense Attorney Stephen Howard
Call Criminal Defense Attorney in Utah
Call Utah Criminal Lawyer
Take the first step in securing a successful defense.
Call 801-449-1409 now to see what our team can do for you.
Utah Criminal Defense Lawyer Salt Lake City

Criminal Defense Solutions Start HereSM

Finding a Felony Defense LawyerChoosing a Misdemeanor Defense LawyerDrug and Alcohol Crimes Defense LawyerWhite Collar Defense Attorney for Utah ChargesAttorney for Expungements Reductions and PardonsDefendant Constitutional Rights Criminal LawyerBail and Bond Alternatives in UtahReasons for Hope Facing Criminal Charges

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.


Best Rating
Make a Payment to Your Account
Get Help Now
Name: Email: Phone: Describe your legal needs here:
I accept the disclaimer below.
Disclaimer: No attorney-client relationship is established by the use of this form. Confidential or time-sensitive information should not be submitted through this form. By clicking 'submit' I am only requesting that I be contacted for the purpose of obtaining legal services.

This form protected by reCAPTCHA.

  • Selected Victories
  • Criminal Defense AttorneyDismissed - Charges of insurance fraud were brought when investigators found reason to believe that client's claim of injury was fraudulent. Client was seen kicking a soccer ball, and investigators concluded that the injury claim was false. By obtaining medical records and other administrative records, and by pointing out to the prosecutor that the alleged injury interferred with the client's ability to lift - not his ability to kick a ball - the prosecutor agreed to dismiss the case.
  • Criminal Appeals Defense AttorneyDismissed 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.
  • Utah Probation Attorney Released - Client absconded for more than 10 years from felony probation with Adult Probation and Parole. At an order to show cause hearing, prosecutor argued aggressively for prison. Based on effective mitigation efforts by the defense, the judge agreed to release client without further jail.
  • Violent Crimes Assalt Defense UtahProbation - Client charged with aggravated robbery based on allegations he entered a store with a gun and mask and demanded cash. Client confessed to police before hiring a defense attorney. Defense mitigation efforts resulted in a negotiated resolution that removed life in prison as a possibility, and secured a probation sentence from the court.
  • Recent Posts
  • What to Do When Arrested for DUI What should I do if I am arrested for DUI? - Many DUI cases begin as minor traffic stops. But the consequences of a DUI conviction are much more serious than an ordinary traffic citation. If you are pulled over for a suspected DUI, you have specific important constitutional and statutory rights that can protect your. . . .
  • Utah Statewide Warrant Search How do I find out if I have an outstanding warrant? - If you believe you may have an outstanding arrest warrant in Utah, a criminal defense attorney can access the Utah statewide warrant system and help you find the best. . . .
Best Criminal Defense Strategy

The best outcome is more likely when the right strategy is employed. Developing the best strategy can require real courtroom experience, a thorough understanding of procedural and substantive legal issues, and a determination to ensure that important constitutional and other legal rights are protected. Choosing the right attorney....

Strategy »
Salt Lake Criminal Defense Attorney Profile Utah

Finding the right criminal defense lawyer for you Utah criminal case will be one of the most important decision you make. Before hiring any lawyer, there are a number of important factors to consider. The person you select as your criminal defense attorney will be responsible to defend your case and protect your rights....

Experience »
Conviction Consequences in Utah Criminal Prosecutions

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....

Consequences »
Utah Criminal Defense Attorney - Reasons to Hope

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 »
Home | Attorney Profile | Case Results | Criminal Code | FAQ | Legal Resources | Defense Strategy | Contact Us

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

The materials in this website are intended for informational purposes only, and are not legal advice. Viewing or responding to materials in this site does not create an attorney-client relationship. Read Full Disclaimer.