Drug Possession Attorney - Utah Criminal Defense Attorney
Consequences of a Utah drug possession conviction can include in
jail or prison time, thousands of dollars in fines, losing your
driver's license, and a variety of probation conditions and
restrictions. Stephen Howard is a
Utah
criminal defense attorney
with extensive
experience dealing with
Utah
drug cases. He
has
successfully defended cases ranging from first-degree
felony
drug
distribution
to simple
misdemeanor
possession of
marijuana.
He has a track record of achieving
real
results for his clients.
Contact
us today to schedule an initial consultation.
Penalties for Drug Possession Charges in Utah
Drug possession charges in Utah can be filed as either a
misdemeanor or a felony, depending mainly on what drug is involved.
If case involves a drug classified under Utah Code Ann.
58-37-4
as either a Schedule I controlled substance (e.g.
heroin
or psilocybin
mushrooms) or a Schedule II controlled substance (e.g.
cocaine,
methamphetamine,
methadone,
or other opiates), then the default level
for the charge will be a third-degree felony. Charges for possession of
most
other controlled substances (Schedule III, Schedule IV, or Schedule V)
begin at the class B misdemeanor level.
Charges for possession of
marijuana
presents a
significant exception to the "Schedule" rules. While marijuana is
technically a Schedule I controlled substance, possession
of less
than one ounce of marijuana begins at the class B misdemeanor level.
Possession of between one and sixteen ounces of marijuana
begins
as a class A misdemeanor. Possession of more than sixteen
ounces
of marijuana can be charged as a felony, even without any evidence of
distribution or the
intent
to distribute. While marijuana possession for medical use or
even personal recreational use has been
legalized
in some states, Utah continues to prosecute marijuana possession.
Enhancements for Utah Drug Possession Charges
The level of a drug possession charge in Utah can
be enhanced
for a number of reasons, including prior convictions, if the offense
occurs in a "
drug
free zone," or if a person is found in
possession
of a controlled substance in a correctional facility.
These enhancements can be "stacked" - which could result in a
first-degree felony charge with life in prison as a maximum penalty for
even a simple possession charge (not distribution or the intent to
distribute). Possession of a controlled substance when a
child is
present or even
just nearby can also result in an additional criminal charge of
child
endangerment.
If
police or prosecutors believe that a person has distributed drugs, or
possessed drugs "with the intent to distribute," the stakes go up
substantially. Either
distribution
or
possession
with the intent to distribute
can be filed as a second degree felony (1-15 years prison) and can be
enhanced to the first degree level (five years to life in prison) under
some circumstances.
Choosing a Criminal Attorney in Utah
If you are facing criminal prosecution for drug possession, you need an
experienced drug defense attorney on your side. Based in
Salt
Lake City, criminal defense attorney Stephen
Howard has extensive experience
defending drug charges, working with clients who are
struggling with
addiction,
and in working
with
Utah's felony
drug court system.
Contact us today to
schedule an initial consultation.

A Utah criminal prosecution can result in a lifetime of consequences. Beyond jail and prison, a conviction can affect many areas of life, including employment, housing, finances, family, and much more. Never plead guilty without first consulting with an experienced criminal attorney. Understanding what is at stake is the first step....
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