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.