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Criminal Defense Attorney Stephen Howard
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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.


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  • Selected Victories
  • Criminal Defense AttorneyDismissed - Contractor was charged with theft by deception for allegedly misusing customer funds and failing to complete work that had been agreed upon. A successful motion to quash on legal grounds following the bindover order at preliminary hearing resulted in a complete dismissal of all charges.
  • Drug Crimes Defense Attorney Utah Dismissed - Client facing first-degree felony drug distribution charge and potential life in prison. Charges were based on allegations that client had sold drugs to an undercover police officer, then made a full confession. Successful mitigation work resulted in negotiated offer of misdemeanor plea-in-abeyance and ultimate dismissal of case.
  • Utah 402 Reduction Attorney Felony Reduced - Client with prior felony conviction was granted a 402 reduction to the misdemeanor level over the objection of the prosecutor. Based on information provided to the court in support of the defense motion, the judge ruled in favor of the defense.
  • Utah Burglary Attorney Dismissal - Client was charged with first-degree felony home burglary and facing potential life in prison. Defense analysis revealed flaws in prosecutor's case which led to abeyance agreement intended to lead to a full dismissal of the case.
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Salt Lake Criminal Defense Attorney Profile Utah

Choosing the best criminal defense attorney for your Utah criminal case may be the single most important decision you make. The courtroom can be a hostile place. Prosecutors receive extensive training on legal and tactical issues. Having an experienced criminal defense lawyer on your side is critical to defending your case and protecting your rights....

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Conviction Consequences - Utah Criminal Defense

Even a "minor" misdemeanor carries the potential for jail time and significant fines. The direct penalties and collateral consequences of a felony conviction are even more severe. Understanding these consequences is critical as you make decisions relating to your case. Even in a misdemeanor case, you should not....

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Utah Criminal Attorney - Reasons to Hope

An arrest is not a conviction. If you are facing criminal prosecution in Utah, it can feel like your world is collapsing. But there are things you can do right now that can increase your chances of a good outcome. An experienced criminal defense lawyer can help you evaluate the various options available to you and help develop a strategy for success....

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Serving Salt Lake, Davis, Weber, Utah, Cache, Tooele, Summit, Box Elder, and Wasatch Counties, and all of Utah.

Attorney Stephen Howard practices as part of the Canyons Law Group, LLC and Stephen W. Howard, PC.

Offices in Salt Lake and Davis Counties
560 South 300 East, Suite 200, Salt Lake City, UT 84111
952 S. Main St., Suite A, Layton, UT 84041

Call now to arrange for a confidential initial consultation with an experienced and effective Utah criminal defense lawyer.

In Salt Lake City, call 801-449-1409.
In Davis County, call 801-923-4345.

Stephen W. Howard, PC

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