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 alleged attack using broken bottle as a weapon. Despite the testimony of numerous prosecution witnesses, thorough defense investigation to support a self-defense claim resulted in acquittal by jury at trial.
Dismissed -
Client was facing multiple cases involving first-degree felony drug distribution charges for allegedly selling to a confidential informant. Defense analysis of the case revealed fatal flaws in the prosecution case that ultimately resulted in a complete dismissal of all cases and charges.
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.
Not Guilty - Client was charged with second-degree felony residential burglary and facing potential prison time. Investigation by the defense revealed multiple witnesses, missed by police and prosecutors, who supported client's claim of innocence. At trial, the jury returned a "not guilty" verdict on all charges.
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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. . . .
Aggressive is good. Effective is better. The best defense strategy in any given criminal case can require in-depth analysis of the facts and a thorough understanding of applicable statutes, case law, and complex procedural and evidentiary rules. Having an experienced attorney on your side....
Strategy »
Choosing the best criminal defense attorney for your Utah criminal case may be the single most important decision you make. The courtroom can be a hostile place. Prosecutors receive extensive training on legal and tactical issues. Having an experienced criminal defense lawyer on your side is critical to defending your case and protecting your rights....
Experience »
Even a "minor" misdemeanor carries the potential for jail time and significant fines. The direct penalties and collateral consequences of a felony conviction are even more severe. Understanding these consequences is critical as you make decisions relating to your case. Even in a misdemeanor case, you should not....
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Reasons to Hope »
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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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