Salt Lake Criminal Lawyer - Drug Possession in a
Correctional Facility
Being charged with possession of a controlled substance in a Utah
correctional facility
(i.e.,
jail or prison) can result in enhanced penalties.
Salt
Lake criminal lawyer Stephen Howard has extensive experience
defending a variety of drug and
drug-related charges in
Salt Lake City and surrounding areas. If you are facing
drug
charges in Salt Lake City or elsewhere in Utah, contact us
today for an initial consultation.
Penalties for Drug Possession in a Jail or Prison
The Utah criminal code provides that a person found in
possession
of a
controlled
substance in a correctional facility, jail, "or other place
of
confinement" can be charged with a crime one level higher than
for
ordinary drug possession. This one-step enhancement can increase the
level of a simple marijuana possession to a class A
misdemeanor
(punishable by up to a year in jail); possession of other drugs such as
cocaine, heroin, or methamphetamine can be enhanced to the second
degree
felony
level (punishable by up to 15 years in prison).
Fighting a "Correctional Facility" Enhancement to a Utah Drug
Possession Charge
If you are arrested and booked into the
Salt
Lake County Jail,
officers will search you as part of the booking process. If drugs
are found during this search, a simple possession charge is
sometimes enhanced by a prosecutor to a charge of possession
of a
controlled substance in a correctional facility. But the threat
of such an enhancement puts a person in the difficult position of
giving up the
Fifth
Amendment
right to remain silent by telling the arresting officer about the drugs
before arriving at the jail, or facing enhanced penalties. While
this choice presents a dilemma for a person being arrested, this
dilemma itself may provide a defense to the enhanced charge. If
you have been charged with possession of drugs in a jail or other
correctional facility in Salt Lake, you should contact an experienced
criminal defense attorney
today.
Choosing an Criminal Lawyer in Salt Lake City, Utah
Choosing the right criminal defense attorney can help give you the
best
chance of success in your case. Stephen Howard has successfully
defended his clients' rights in thousands of serious felony and
misdemeanr cases. His
track record includes not
guilty verdicts, dismissals, and appeal reversals in some of the most
serious crimes on the books in Utah.
With offices centrally located in downtown Salt Lake City,
criminal
defense attorney Stephen Howard provides services to clients
throughout Utah.
Contact us today to
schedule a consultation.