The legal landscape regarding marijuana possession (for both medical and recreational purposes) is changing. But Utah laws regarding marijuana possession remain strict. If you are being prosecuted with a drug crime relating to marijuana or drug paraphernalia, the assistance of an experienced criminal defense attorney is vital. Contact us today to arrange for an initial consultation and see what the right defense attorney can do for you.
Defending Marijuana Cases in Davis County
Several issues are common in the analysis of many marijuana and paraphernalia possession cases. Fourth Amendment and Fifth Amendment violations can lead to the suppression of evidence critical to the prosecutor’s case. Constructive possession questions can lead to reasonable doubt at trial. So-called “innocent possession” can come into play where a person was attempting to dispose of marijuana.
Medical marijuana cards or prescriptions may not be legally recognized in Utah, but they can still play a role in the mitigation process and negotiations with the prosecutor. In some cases, the medical marijuana card or prescription may be critical to persuading a prosecutor to agree to a plea in abeyance.
Understanding how these issues can affect your case requires a detailed analysis of the facts and laws relating to your specific situation. Whether you plan to take your case to a jury trial or try to negotiate a resolution of the charges, an experienced criminal defense attorney will be in the best position to help you determine what strategy is best-suited to your case.
Marijuana Conviction Consequences
The level of a marijuana possession charge in Davis County can vary, depending on the amount of marijuana involved and whether the case involves allegations of distribution or the intent to distribute. A simple possession of marijuana charge (less than one ounce) begins at the class B misdemeanor level. Potential penalties include up to 180 days jail, and nearly $2,000 in fines, surcharges, and court fees.
Enhancements for larger amounts of marijuana, possession in a drug-free zone, prior convictions, possession with the intent to distribute, or actual distribution can potentially result in felony charges and substantial jail or prison time.
Collateral Consequences for Marijuana Charges
One of the most common collateral consequences of a drug conviction in Davis County is a driver license suspension. If you are convicted, the Driver License Division can automatically suspend your driver license. There are possible avenues for avoiding this suspension that you should discuss with your attorney.
Even after the criminal case is resolved and closed, collateral consequences from a drug conviction can follow you for a long time. A drug conviction can affect your ability to get a job, your eligibility for financial aid for college, and much more. Although expunging your record may be a possibility later on, it can be best to minimize the legal consequences as much as possible up front.
Jurisdiction for Marijuana Cases in Davis County
Most class B misdemeanor marijuana possession charges in Davis County are handled in the Davis County Justice Court in Farmington, or in one of the county’s municipal justice courts. Marijuana charges involving class A misdemeanor or felony charges must be filed in the district court.