Drug Use or Possession - Utah Criminal Attorney
A Utah
drug
possession charge can be filed as a
felony or
misdemeanor, depending on
which drug is allegedly possessed, the location of the alleged offense,
the defendant's prior criminal record, and other factors. Having an
experienced criminal attorney on your side is vital to a successful
defense.
Utah
criminal defense lawyer Stephen Howard has
successfully represented thousands of clients during his career.
Contact us now to arrange for an initial confidential consultation.
How are the terms "possession" or "use" defined in a Utah
drug case?

The
terms "possession" and "use" are defined identically under the Utah
criminal code. The statutory definition is broad, and reads as follows:
"'Possession'
or 'use' means the joint or individual ownership, control, occupancy,
holding, retaining, belonging, maintaining, or the application,
inhalation, swallowing, injection, or consumption, as distinguished
from distribution, of controlled substances and includes individual,
joint, or group possession or use of controlled substances. For a
person to be a possessor or user of a controlled substance, it is not
required that the person be shown to have individually possessed, used,
or controlled the substance, but it is sufficient if it is shown that
the person jointly participated with one or more persons in the use,
possession, or control of any substances with knowledge that the
activity was occurring, or the controlled substance is found in a place
or under circumstances indicating that the person had the ability and
the intent to exercise dominion and control over it." - Utah Code
58-37-2.
The concept of possession as defined in this statute is broad enough to include the concepts of "
constructive" possession and possession under
accomplice liability. By including the concept of "consumption" in its definition, this statute also extends possession or use to include "
internal"
possession of a controlled substance. (This statute specifically
defines "consumption" to include "having any measurable amount of a
controlled substance in a person's body" but excludes metabolites of
controlled substances.
Finding a Criminal Attorney for Utah Drug Cases

If
you are facing prosecution for drug charges in Utah, it is vital to
have an
experienced criminal attorney on your side. Mr. Howard has
successfully defended clients facing
drug charges ranging from
first-degree felony
distribution to misdemeanor
marijuana possession.
He has the experience, knowledge, and determination to help ensure that
your rights are protected.
Contact us today
to arrange for a confidential initial
consultation.
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