***Please note that Utah law regarding possession and use of marijuana has changed significantly. This article should be used only for historical reference. If you are facing criminal charges in Utah, contact us directly for advice and assistance on how best to defend your case.***
Utah has strict criminal penalties associated with drug crimes, including marijuana. Depending on the amount of marijuana possessed and its intended use, marijuana charges in Utah can range from the class B misdemeanor level punishable by up to six months jail) to much more serious felony charges with potential prison terms of several years.
The best defense attorneys challenge the status quo through ethical advocacy both in and out of the courtroom.
If you hare facing criminal charges for marijuana possession in Utah, you need an experienced criminal defense lawyer on your side to ensure that your rights are protected. You need an attorney with a record of achieving real results for his clients. Don’t settle for anything less. Contact us today to arrange for a confidential consultation with Utah criminal attorney Stephen Howard.
Defending Marijuana Charges in Utah
A criminal case involving marijuana drug possession requires an understanding of complex constitutional law involving Fourth Amendment search and seizure issues and Fifth Amendment protections. It requires an understanding of Utah’s laws regarding “constructive” possession and “innocent” possession principles. And it requires an understanding of the effect in Utah of the legalization of recreational and medical marijuana in other states.
Defending a marijuana charge in Utah can require detailed factual and legal analysis, motions to suppress evidence, and all of the complexities involved in a jury trial. Defense of a Utah marijuana case can also mean engaging the prosecutor in negotiations which may result in a better outcome than the likely result at trial. A successful defense can depend on having an attorney with the experience to understand which strategy is best suited to achieve your individual goals in the case.
The best attorneys understand your case involves more than just what happens in court.
Stephen Howard has successfully defended drug cases in Utah ranging from first-degree felony distribution to misdemeanor marijuana and paraphernalia charges. He has the experience needed to help you achieve the best results for your case.
Consequences of Marijuana Convictions in Utah
Cultural attitudes toward marijuana are changing. But from a legal perspective, if you are facing criminal charges relating to marijuana possession, you should take the case very seriously.
A criminal charge for possession of marijuana can be filed as a misdemeanor or a felony depending on the circumstances. At its lowest level, marijuana possession is a class B misdemeanor, punishable by up to 180 days in jail. Distribution of marijuana, or possession of marijuana with the intent to distribute is a third degree felony, punishable by up to 5 years in prison. Drug free zone enhancements can increase the potential penalties for simple possession to a maximum of a year in jail; marijuana distribution charges can be enhanced to the second degree felony level, punishable by up to 15 years in prison.
Understanding your goals is the first step to developing the best defense strategy.
Drug convictions in Utah can result in a driver license suspension. A conviction for marijuana possession is also a criminal conviction that can become a part of your criminal record, and may affect your ability to find employment or take advantage of other potential opportunities.
While many marijuana possession charges are handled through Utah’s justice court system, it is a criminal charge that should be taken seriously. Having an experienced Utah criminal attorney on your side can help give your case the best chance of success.
Effects of Legalization of Marijuana in Other States on Utah Cases
Although some states have legalized the possession of marijuana, Utah still strictly enforces criminal laws against possession of marijuana. Residents of Colorado, Arizona, or California are commonly pulled over for traffic violations while traveling through Utah. If police smell marijuana, they may have a sufficient basis to search a vehicle. Even if a person has a prescription for marijuana or a medical marijuana card from another state, he may still face criminal prosecution for possession of a controlled substance in Utah. In some cases, a person may even be charged in Utah for driving with a measurable controlled substance metabolite, even when the last time he used marijuana was prior to coming to Utah.
Choosing the right attorney can be the most important decision you make.
Finding a Utah Criminal Defense Attorney for Marijuana Charges
If you are facing criminal prosecution on a marijuana charge, you need an experienced and effective Utah criminal defense attorney on your side. Stephen Howard has successfully handled drug cases ranging from first degree felony distribution to misdemeanor marijuana possession. And he has a record of achieving real results for his clients.
Contact us now to see how we can help you with your case.
