Utah Criminal Attorney -
Salt Lake Marijuana Defense Lawyer
Q: I was driving through
Utah, and got pulled over for speeding. The police claim they found
marijuana in my car. I was cited and arrested, but released. Now what
do I do?

With
the
legalization
of marijuana for recreational or medical purposes
in nearby states such as Colorado, California, and Arizona, it is
becoming more common for out-of-state drivers passing through Utah to
be arrested or cited for
possession
of marijuana. Typical cases often
involve a scenario along the following lines:
1) a driver is pulled over for a minor traffic violation, such as
speeding or failing to signal for a lane change;
2) the police officer states that he smells marijuana, and
asks the driver if he/she has been smoking marijuana or has marijuana
in the vehicle;
3) the officer asks for consent
to search the vehicle, brings in a drug
dog to sniff/search the vehicle, or searches the vehicle with or
without consent of the driver;
4) the police officer finds marijuana, gives the driver a citation and
instructs the
driver to contact the local court, or
arrests the driver who is then required to post bail before being
released from jail.
There are many variations on this scenario. But the result is a
criminal charge that must be dealt with. Unlike ordinary traffic
tickets, a criminal charge for possession of marijuana cannot be
resolved by merely forfeiting bail or paying a fine. Appearance in
court, either in person, through an attorney, or both, will be required
to resolve the case.
If
you were given a misdemeanor citation, the citation will typically
contain instructions to contact the court within 5 to 14 days of the
issuance date of the citation. If you were arrested and posted bail,
you may have been given a court date upon your release from jail. If
you were not given a court date upon your release from jail, you should
contact the court to find out when court will be scheduled.
The next step to take is to retain the services of an experienced
criminal
defense attorney. Together, you can begin working on
developing a defense strategy designed to produce a successful outcome
for your case.
Defending Marijuana Charges in Utah
A person charged with a crime is entitled to a
trial
by jury. A marijuana possession charge requires more than
just evidence that marijuana was found by police.
Constructive
possession,
knowledge, and intent can become critical evidentiary issues in a
marijuana possession case, and may provide the basis for a viable
defense at trial.
In some cases, a
Fourth
Amendment violation committed by police may provide a basis
for a
motion
to suppress
evidence. If a judge is convinced that evidence was obtained by police
as a result of an unreasonable warrantless search or seizure, the court
can order that such evidence be suppressed. A successful motion to
suppress will sometimes result in a dismissal of the entire case.
Negotiations
with the prosecutor can also be a critical part of a successful defense
strategy for marijuana possession cases in Utah. In some cases, police
will have done their jobs well and obtained the evidence needed to give
the prosecutor a good chance of winning at trial. But such cases need
not be hopeless. In many instances, by presenting mitigating
information as well as exposing possible weaknesses in the prosecution
case, a negotiated resolution can be reached that may result
probation rather than jail time, or may even result ultimately in
dismissal
of the case.
The
goal of a good defense strategy is to provide a client with the best
options for dealing with the case. Formulating the best trial strategy
while also negotiating the best possible offer for resolution can give
a client better options to choose from.
Choosing a Utah Criminal Lawyer in Salt Lake City

With
a practice based in Salt Lake City, Stephen
Howard provides legal services to clients throughout Utah. His
track record
includes not guilty verdicts, dismissals, and appellate reversals in
some of the most serious charges on the books in Utah. He has
successfully protected his clients' rights in drug cases ranging from
misdemeanor marijuana possession to first-degree felony distribution.
If you are facing prosecution for marijuana possession or other
criminal offenses in Utah, you need an
experienced
and effective
criminal defense attorney on
your side.
Contact us today to
arrange for an initial consultation with Stephen Howard.
RELATED QUESTIONS:
How does Colorado's legalization of recreational marijuana affect people traveling through Utah?What is the penalty for marijuana possession in Utah?Can I refuse if police ask to search my car?