Utah Criminal Defense Attorney - Cocaine Possession
Cocaine is considered a Schedule II controlled substance under Utah
law. This makes possession of cocaine a criminal offense punishable
under Utah law beginning at the third
degree
felony
level. With enhancements, the penalties can be as high as life in
prison. Any criminal charge is serious. But a felony charge
potentially carries more serious
consequences. If you
are facing
felony
drug charges
in Utah, you should consult with a
Utah
criminal defense attorney with
extensive
experience defending drug
charges.
Stephen Howard
has successfully defended drug cases ranging from first degree felony
distribution to simple possession. He also is one of only a
few Utah criminal defense attorney in private practice who has
previously served as defense counsel for a Salt Lake felony
drug court
program.
Contact us
today to schedule an initial consultation.
Penalties for Cocaine Possession in Utah

Most
cocaine possession charges in Utah are filed as third degree
felonies, with a maximum punishment of up to five years in prison and
approximately $9,000 in fines and surcharges. Enhancements
based on proximity to a
drug
free zone, prior convictions, or the
intent
to distribute can each increase the level of a cocaine
possession charge by one level to a second degree felony. Combined
enhancements can increase the level of the charge as high as
a first degree felony with life in prison as a possible sentence.
While most prosecutors and judges acknowledge that drug
treatment may be more appropriate than extended prison sentences in
many cases,
having an experienced criminal defense attorney on your side can
increase your chances of staying out prison, staying out of jail, and
keeping a felony off your record.
Defenses to a Cocaine Possession Charge in Utah
There are multiple facets to defending any cocaine possession case in
Utah.
There are a number of legal issues to consider, including:
possible
Fourth Amendment
violations (search and seizure issues); possible
Fifth Amendment
violations (Miranda violations); and evidentiary issues (the use of
confidential informants, witness reliability,
constructive
possession, etc.).
In addition to legal and factual defenses, treatment concerns should
also be considered in assessing any cocaine or other drug possession
charge in Utah. If a prosecutor or judge is convinced that
treatment and addiction issues are being appropriately addressed, the
judge and prosecutor may be much less likely to consider jail or prison
time as being necessary in a cocaine possession case. Prosecutors may
also be more likely to agree to a
plea in abeyance
if a defendant is successfully engaged in substance abuse treatment.
Choosing a Utah Criminal Attorney in Salt Lake
The potential consequences of a cocaine possession conviction in Utah
are serious.
The consequences of continuing to struggle with cocaine
addiction are perhaps
even more serious. If you are being prosecuted for
drug possession,
you need a Utah defense attorney who understands both sides of a drug
possession case, and works with his
clients to formulate the best strategy for addressing the issues
involved in Utah drug possession cases.
Contact us today for an
initial consultation with Salt Lake
criminal
defense lawyer Stephen Howard.