Park City Marijuana Defense - Utah
Criminal Attorney
Marijuana charges in Park City, Utah can
be punished either at the
misdemeanor
or
felony
level, depending on the amount of marijuana, the location of the
offense, and whether the charge includes allegations of distribution or
the intent to distribute marijuana.
If you are facing charges in Summit County for marijuana
possession or
other
drug crimes, an
experienced Utah
criminal
defense attorney can
help you achieve the best results for your case. Based in Salt Lake
City, Stephen Howard provides legal services to clients facing
prosecution in Park City, Summit County, and throughout Utah. His
track
record includes not guilty verdicts and dismissals in some of
the most
serious crimes on the books in Utah.
Contact us to schedule
an initial consultation.
Penalties for Marijuana Charges in Utah
Marijuana possession charges in Park City or Summit County are often
prosecuted in the Summit County Justice Court. A
justice court in Utah
has jurisdiction to handle only class B and lower misdemeanors. The
maximum jail sentence for a class B marijuana possession charge is 180
days. A drug
paraphernalia charge (commonly accompanying a drug
possession charge) carries the possibility of an additional 180 days.
If a marijuana possession charge is enhanced (for example, with a
drug
free zone enhancement), the level rises to a class A misdemeanor. This
charge must be prosecuted in the
district court, and carries a
potential of up to one year in jail. Marijuana
distribution charges
begin at the third-degree felony level (0-5 year prison), but can often
be enhanced to the second-degree felony level (1-15 years in prison).
In addition to possible jail or prison time, a drug conviction in Utah
can also result in the suspension of the defendant's driver license.
Other collateral consequences of a criminal drug conviction can include
loss of professional licensing or other employment consequences.
While the public attitudes toward marijuana use (for
medical or
recreational purposes) has undergone a dramatic shift in recent years,
leading to the
legalization of marijuana in some states, Utah law
continues to make possession or use of marijuana a criminal offense. If
you are facing prosecution for marijuana or other drug charges in
Summit County, an experienced criminal defense attorney can make all
the difference.
Contact us today to learn more.
Possible Defenses for Marijuana Charges in Summit County
A person charged with possession of marijuana or other criminal
offenses is entitled to the presumption of innocence. At
trial, a
prosecutor must convince each member of a jury, beyond a reasonable
doubt, of a defendant's guilt before a conviction can be obtained.
Issues related to
constructive
possession can often serve as the basis for a potential
defense to marijuana possession charges. Unless a prosecutor can
demonstrate that a defendant had the required knowledge and the intent
to exercise control over the alleged marijuana, a not guilty verdict
may result.
In some cases, the nature of the "green leafy substance" found by
police may be drawn into question. Sometimes, an expert may be required
to test the substance to determine the true nature of the substance.
But in such cases, there may be legitimate questions about whether the
defendant knew that the substance was in fact marijuana.
Some cases may involve Constitutional issues that may lead to a
successful
motion to suppress under either the
Fourth Amendment or
Fifth Amendment. If such a motion is successful, the court may issue an
order prohibiting the prosecution from using evidence obtained in
violation of a defendant's constitutional rights. Often, a successful
motion to suppress will lead to the dismissal of the case.
Not every marijuana possession case will need to be fought all the way
to trial. In many cases, a
negotiated resolution may be reached that
will meet the needs of the defendant (e.g., staying out of jail or
keeping a conviction off his record), without exposing the defendant to
the risks associated with a jury trial. An experienced criminal defense
attorney can help you develop the best strategy for defending your case.
Finding a Utah Criminal Attorney for Park City Marijuana
Charges
If you are facing charges for marijuana or other drug-related charges
in Park City, Summit County, or elsewhere in Utah, and experienced
criminal defense attorney can help give you the best chance of a
positive outcome. With a
track record
that includes not guilty verdicts, dismissals, and appellate reversals
on some of the most serious charges on the books in Utah, Stephen
Howard has the experience needed to ensure that your rights are
protected.
Contact us today to arrange for an initial consultation.