Salt Lake Criminal Defense - Drug
Paraphernalia
Possession of
drug
paraphernalia in Utah is typically filed as a class B
misdemeanor. But if you are convicted, you could be facing
substantial jail time, fines, losing
your driver's license, and more. Salt Lake
criminal attorney Stephen Howard has extensive experience
representing clients in
drug
cases in Utah. He has represented thousands of
clients, with a
track record
that speaks for itself. If you are being prosecuted for
possession of drug paraphernalia or other criminal charges, call now to
schedule an initial consultation and learn what an experienced
Salt Lake
criminal defense attorney can do for you.
Utah Law on Drug Paraphernlia
Under Utah criminal law, the definition of drug paraphernalia can
include many
items that have innocent and perfectly legitimate uses: spoons, plastic
bags, pens, razor blades, aluminum foil, scales and many more
items. If a police officer believes that you intend to use
one of these items to use, package, weigh, transport, or manufacture an
illegal
controlled
substance (drug), you may be charged with possession
of drug paraphernalia.
More frequently, prosecutors will file drug paraphernalia charges
based on alleged possession of items that are commonly associated with
drug use (such as
syringes or pipes). But even in such cases, the prosecutor must still
prove the intent to
use those items in connection with illegal drugs.
The
intent element of a drug paraphernalia charge is sometimes overlooked
by prosecutors. This element requires proof that the defendant
intended to use the item of paraphernalia
in violation of the
Utah Controlled Substance Act. To illustrate, consider a pill cutter or
pill crusher that could be used to crush or cut opioid pills that were
either legally obtained or illegally obtained. In a case where the
intended or actual use of the pill crusher involved pills that were
illegally obtained, the pill crusher or cutter would be considered
unlawful possession of drug paraphernalia. But if the facts of the case
were altered to involve pills that had been lawfully prescribed to the
defendant, possession of that same item of drug paraphernalia would not
be illegal.
Potential Defense Options
Under the United States Constitution, you are entitled to a presumption
of innocence and to require that the prosecution prove the case beyond
a reasonable doubt. Understanding your rights is critical to developing the best defense strategy.
A syringe may be used by a diabetic to
inject insulin. A pipe may be used to smoke legal substances
as well as illegal controlled substances. If the prosecutor cannot
prove beyond a reasonable doubt at
trial
that you intended to use the item in
connection with an illegal controlled substance, you are entitled to be
found not guilty.
Constructive possession
often presents a possible defense in drug possession and drug
paraphernalia cases. If police search a defendant's car and find a pipe
with
methamphetamine
residue, the pipe may or may not have ever been possessed by the
defendant. Merely owning a vehicle does not make the owner responsible
for every item of property that might end up in the vehicle. Unless the
prosecutor can show actual direct possession by the defendant (for
example, the defendant was holding the pipe in his hand when police
approached), then the prosecutor must prove constructive possession by
showing knowledge of the item and the ability and intent to exercise
control over the item.
Contact an Attorney
If you have been charged with possession of drug paraphernalia or other
crimes in Salt Lake City,
contact
us for an initial consultation and case analysis with
Utah
criminal defense lawyer Stephen Howard.