Plastic baggies, aluminum foil, spoons, pens, and other innocent objects can result in six months or even a year in the Davis County Jail if the items are found to be “drug paraphernalia.” Under Utah criminal law, drug paraphernalia can include any item used to package, weigh, transport, manufacture, inject, inhale, ingest, or otherwise introduce a controlled substance into the human body.
Stephen Howard is an experienced and effective criminal defense lawyer based in Davis County, Utah. He represents clients in Davis County and throughout Utah. With a track record of not guilty verdicts and dismissals for some of the most serious criminal charges on the books in Utah, he is well prepared to help you achieve the results you need for your case.
A Davis County drug paraphernalia charge is typically filed as a class B misdemeanor. As a class B misdemeanor, possession of drug paraphernalia can be punished by up to six months in jail and nearly $2,000 in fines and surcharge. If you are found to be in possession of drug paraphernalia in a drug free zone, the charge can be filed as a class A misdemeanor with penalties of up to a year in jail and close to $5,000 in fines and surcharge.
Simply possessing an item of paraphernalia does not necessarily make you guilty of a crime. A prosecutor must be able to prove to a jury that you intended to use the item in connection with drugs.
As with many Utah drug charges, Fourth Amendment violations and constructive possession defenses often come into play.
If you are facing prosecution for possession of drug paraphernalia in Davis County or elsewhere in Utah, contact us now to schedule an initial consultation with Utah criminal defense lawyer Stephen Howard.