Salt Lake Criminal Lawyer - Possession with Intent to Distribute
The Utah criminal code classifies possession of a controlled substance with the intent to distribute at the same level as actual distribution or sale of drugs. Both possession with the intent to distribute and actual distribution of a controlled substance are considered second degree felonies, punishable by up to 15 years in prison. With enhancements (for a drug free zone or for prior distribution convictions) the charge can be filed as a first degree felony with a maximum potential sentence of life in prison. Stephen Howard has extensive experience dealing with drug cases in the Salt Lake area. Contact us to schedule an initial consultation.Defending Criminal Charges for Possession with Intent to Distribute
Under Utah law, a charge for distribution of a controlled substance requires proof that a defendant actually sold, delivered, shared, or otherwise distributed a controlled substance. Possession with the intent to distribute instead requires evidence only that the defendant "intended" to distribute the drugs. In determining the defendant's intent, police, prosecutors, judges, and juries may consider a variety of evidence, including the amount of drugs in the person's possession (is it more than what would be considered a "personal use" amount), whether scales, packaging materials, or other paraphernalia or items commonly associated with distribution were found along with the drugs, as well as statements made by the defendant or other witnesses.Even if the evidence is not sufficient to support the "intent to distribute" element of the offense, a jury may still convict a person of the "lesser included offense" of simple possession of a controlled substance. For many drugs, this may still result in a felony conviction.
Contact a Utah Criminal Attorney in Salt Lake
With offices centrally located in Salt Lake City, criminal defense lawyer Stephen Howard provides services to clients throughout Utah. If you are facing drug charges, contact us today for an initial consultation.- What You
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Not Guilty - Client was charged with aggravated assault for allegedly pointing handgun at and threatening another driver during a road rage incident. Defense investigation and analysis, combined with effective cross-examination at trial indicated the alleged victim was the initial aggressor and suported client's self-defense claim. Jury acquitted client at trial.
Dismissed on Appeal - DUI case was dismissed after a successful appeal where the Utah Court of Appeals reversed the trial court's denial of the defense motion to suppress. Without the suppressed evidence, the prosecutor acknowledged that they did not have sufficient evidence to proceed to trial and the case was dismissed.
Expunged - Client with prior conviction for violent felony was ineligible for expungement through the courts. A successful 2-step reduction restored expungement eligibility and ultimately led to the court's decision to grant the requested expungement.
Dismissal - Client was charged with first-degree felony home burglary and facing potential life in prison. Defense analysis revealed flaws in prosecutor's case which led to abeyance agreement intended to lead to a full dismissal of the case.
- Recent Posts
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Can
I handle a Utah misdemeanor from out-of-state? - Even if you do not intend to take your case to trial, a misdemeanor criminal offense in Utah can require multiple court appearances to reach a resolution. If you have been charged with a crime in Utah, but are not a Utah resident, an experienced criminal defense attorney may be able to help you resolve
the case without returning to the state. . . .
The right criminal defense lawyer can work with you to develop a defense strategy designed to achieve the best results. Hiring a Utah criminal attorney with real courtroom experience and an in-depth understanding of the legal issues involved in defending against a criminal prosecution can help ensure the best...
Strategy »
With decades of combined experience, our criminal defense team attorneys have the knowledge, skill, and determination to help you achieve the results you need. Facing criminal prosecution in Utah can have serious consequences. Choosing the best attorney to defend your case may be one of the most important decisions you will ever make....
Experience »
A Utah criminal prosecution can result in a lifetime of consequences. Beyond jail and prison, a conviction can affect many areas of life, including employment, housing, finances, family, and much more. Never plead guilty without first consulting with an experienced criminal attorney. Understanding what is at stake is the first step....
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Facing criminal prosecution in Utah can feel like your world is collapsing. But there are reasons to remain hopeful, and there are things you can do right now that can help increase the odds of a successful outcome. An experienced criminal defense attorney can help you evaluate the various options you have, and can help you....
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Serving Salt Lake, Davis, Weber, Utah, Cache, Tooele, Summit, Box Elder, and Wasatch Counties, and all of Utah.
Attorney Stephen Howard practices as part of the Canyons Law Group, LLC and Stephen W. Howard, PC.
Offices in Salt Lake and Davis Counties
560 South 300 East, Suite 200, Salt Lake City, UT 84111
952 S. Main St., Suite A, Layton, UT 84041
Call now to arrange for a confidential initial consultation with an experienced and effective Utah criminal defense lawyer.
In Salt Lake City, call 801-449-1409.
In Davis County, call 801-923-4345.
Stephen W. Howard, PC
Serving Salt Lake, Davis, Weber, Utah, Cache, Tooele, Summit, Box Elder, and Wasatch Counties, and all of Utah.
Offices in Salt Lake and Davis Counties
560 South 300 East, Suite 200, Salt Lake City, UT 84111
952 S. Main St., Suite A, Layton, UT 84041
Call now to arrange for a confidential initial consultation with an experienced and effective Utah criminal defense lawyer.
In Salt Lake City, call 801-449-1409.
In Davis County, call 801-923-4345.
Stephen W. Howard, PC
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