Utah Constructive Possession Attorney - Salt Lake Drug Lawyer
Utah laws on constructive possession can apply to cases of
possession
of a controlled substance,
possession of
drug paraphernalia,
possession
of marijuana, and other criminal charges. Under
Utah criminal law, constructive possession provides a way for a
prosecutor to try to convict you for possession of something that you
do not actually possess. But you are not guilty of a crime simply
because police find drugs or a paraphernalia item in your car, home,
etc. Principles of constructive
possession also open the door to potential defenses to Utah drug
charges. Having an
experienced Utah
criminal defense lawyer on
your side is critical.
Stephen Howard is an experienced
criminal
defense lawyer based in Salt Lake City, Utah. He has a
track record
of achieving not guilty verdicts and dismissals some of the
most
serious criminal charges on the books in Utah. He has also
successfully negotiated
pleas in abeyance
and
misdemeanor
offers with probation for many serious
felony charges.
If you are facing prosecution in a Utah drug case that may involve
constructive
possession or other complex legal issues, Stephen Howard has the
experience, determination, skill, and knowledge necessary to help you
achieve the results you need.
Proof of Possession in Utah Drug Crimes Prosecutions
Most drug and
drug-related criminal
prosecutions in Utah require some proof of possession.
Under Utah criminal law, the element of possession can be
satisfied either by proof of actual possession, or proof of
constructive possession. The penalties and
consequences for a
drug conviction are the same, whether the case involves actual
possession or constructive possession.

The
concept of "actual" possession is relatively straightforward. For
example, if a person found
holding a balloon of heroin in his hand or stuffed in his pocket would
likely be considered to be in actual possession of that heroin. (A
possible exception to this may be a situation of so-called defense of
"innocent"
possession.)
The
concept of "constructive" possession under Utah law is more complex. To
prove constructive possession, a
prosecutor must present proof that you had both the ability and the
intent to exercise
control over the item. The concept of intent in a constructive
possession case includes both knowledge of the item's existence, and
knowledge of the nature of the item. Consider the following example:
If
a baggie of heroin were found
sitting on the kitchen table in a person's apartment, a prosecuting
attorney may try to argue that the person had constructive possession
of the heroin. To meet the necessary burden of proof, the prosecutor
would have to prove that the
person
knew of the presence of the drugs and knew what they were.
The
prosecutor would also have to prove that the person had the ability and
intent to exercise control over them. In other words, the
prosecutor would have to prove that the person knew what was in the
baggie, and had the intent to do something
with the drugs (e.g., use them, take them somewhere, or give them to
someone). Mere
evidence
of the presence of drugs is not sufficient to prove constructive
possession.
Possible Defenses Involving Constructive Possession in Utah
Drug Cases
While constructive possession provides a means
whereby a prosecutor may convict you for something you did not actually
possess, principles of constructive possession can also provide many
opportunities to defend against criminal charges.
Consider a hypothetical case where a balloon of heroin is found in the
back seat of a person's
car. Constructive possession principles open the door for
several possible
innocent explanations.
The drugs may belong to one of the other
passengers. The drugs could have been left in the car by
someone
who isn't even there when the drugs are found. Even without
providing an explanation for how the drugs got into the car, a person
charged with a crime is protected by the presumption of innocence. The
burden of proof is on the prosecuting attorney to prove beyond a
reasonable doubt
not just that the drugs were found in the car, but also that the person
charged had the ability and intent to exercise control over the drugs.
Finding a Utah Criminal Defense Lawyer in Salt Lake City

If
you are facing drug charges in Utah,
penalties
can include
jail or prison time and thousands of dollars in fines. Stephen Howard
is an
experienced Utah
criminal
defense attorney who has successfully defended drug cases
ranging from first-degree
felony
distribution to
misdemeanor
possession charges. Based in Salt Lake City, Mr. Howard offers legal
services to clients throughout Utah.
Contact us now to
schedule
an initial consultation. See the difference an experienced
Utah criminal defense lawyer
can make in your case.
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