Utah Drug Crimes Attorney -
Salt Lake Defense Lawyer
Question: Can I be charged with drug or marijuana possession in Utah if
all the drugs have been used before police get there?
Answer: The answer
to this question is somewhat complicated. Utah's
drug possession
statute (Utah Code 58-37-8) prohibits either possession OR use of a
controlled substance. Thus, while it may be more difficult for police
to obtain the necessary evidence to support the charge, a criminal
charge may still be possible even if all of the drugs have been used or
consumed by the time police arrive. Consider the following
hypothetical situation.
Mary Jane has just
finished smoking her last marijuana joint when the police knock on the
door. There is no other marijuana or drug paraphernalia in the house.
She opens the door, and the police officer states that he has a search
warrant and intends to search the house. As he enters the house, the
officer detects the odor of burned marijuana. The officer asks Mary
Jane if she has been smoking marijuana or has any marijuana in her
possession. Mary Jane politely states that she is exercising her Fifth
Amendment right to remain silent. The officer searches the house, and
finds no evidence relating to drugs, marijuana, or drug paraphernalia.
In this hypothetical situation, it is unlikely that any drug charges
could be filed against Mary Jane. The police have no physical evidence.
The police have no admissions or incriminating statements from Mary
Jane. The Constitution provides a presumption of innocence at trial,
and there is no evidence sufficient to rebut that presumption. There
is, therefore, no basis for filing a drug charge against Mary Jane.
Consider now an alternate hypothetical situation. This time, instead of
invoking her Fifth Amendment rights, Mary Jane responds to the police
officer by stating,
"I
just smoked my last marijuana joint five minutes before you
got here. There is nothing left in the house for you to find. Go ahead
and search." In this alternate hypothetical, Mary Jane may
have just given the police the evidence that they need to convict her
of a
marijuana possession charge.
Under the Utah Rules of Evidence, hearsay statements are generally not
admissible at trial. Exceptions to the hearsay rules exist
for admissions or confessions made by a criminal defendant.
Such a statement may be admitted either as an admission by a party
opponent or as a statement against interest.
Under either exception, a jury is likely to hear the police officer
testify that Mary Jane admitted to him that she had smoked marijuana
just five minutes before the police arrived. Because Utah's statute
governing possession of a controlled substance (including marijuana)
prohibits either possession OR use, Mary Jane's statements may be
viewed by a jury as a full confession to all of the required elements
of a drug crime. C
Finding a Utah Drug Defense in Salt Lake City
Criminal defense attorney Stephen Howard defends drug crimes ranging
from first-degree felony distribution to simple marijuana possession.
With a practice based in Salt Lake City, Mr. Howard provides legal
services to clients throughout Utah. He has a
track record that
includes dismissals and not-guilty verdicts on some of the most serious
crimes on the books in Utah.
Contact us today to
arrange for a confidential consultation.
RELATED QUESTIONS:
Can I be convicted of a
crime based only on my own confession?
Can
I be convicted of drug possession in Utah if someone claims the drugs?
What
is the penalty for marijuana possession in Utah?

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