Utah Criminal Defense Attorney - Drug Free Zones
A drug free zone enhancement to a Utah
drug charge can substantially increase the jail or
prison time you may face as well as fines that can be
imposed. Drug free zone enhancements can apply to
drug possession,
drug paraphernalia, and drug
distribution charges.
Stephen Howard has extensive experience defending a wide variety of drug charges, ranging from first degree
felony distribution to
misdemeanor
marijuana and paraphernalia charges. Based in Salt Lake City, Mr.
Howard offers legal services to clients throughout Utah. Contact us
today for an initial consultation, and see how an
experienced
Utah criminal defense lawyer can help you achieve the
best result in your case.
Drug Free Zone Penalties in Utah
Utah's criminal code (section 58-37-8(4)) provides for an enhancement that a prosecutor
can use to increase the potential penalties of a
drug possession,
drug
distribution, or
possession of
drug paraphernalia charge. If the drug crime
is alleged to have taken place in a drug free
zone, the enhancement increases the level of a drug crime by one step.
But in Utah's criminal justice system, a one step enhancement means
that potential penalties increase by double or even more. Consider the
following examples.
A class B misdemeanor charge for simple possession
of
marijuana
can become class A misdemeanor level, with a potential penalty that
jumps from 180 days to a maximum potential of 365 days. A third degree
felony possession charge becomes a second degree felony, with a
possible prison term that increases from a potential five years to a
maximum of 15 years. Distribution or even just
possession with the intent
to distribute
can become a first degree felony punishable by up to life
in prison. Drug charges that would have otherwise been first degree
felonies carry a mandatory prison term with life in prison as a
possibility if the crime occurs in a drug free zone.
Utah Drug Free Zones Defined
Drug free zones are defined by statute to include schools,
pre-schools, churches, parks, shopping malls, stadiums,
theaters, movie theaters, parking lots, libraries, and an area
extending 1000 feet from the structures or grounds of those facilities.
In many urban and suburban areas, drug free zones cover a larger area than many people realize.
The distance of 1000 feet is longer than three full football
fields. And that distance is measured not by the
path a person would have to take in order to get to one of the listed
places (school, park, etc.) Rather, the distance is measured
in a straight line.
The more densely populated the area where you are, the more likely it
is that
you may accidentally find yourself in a drug free zone. The
Wasatch Front contains large unbroken areas that qualify as drug free
zones simply
because the schools, parks, churches, etc. are so closely packed.
Other areas in the state with lower density populations will
be more likely to have areas that are not considered drug free
zones.
Proving a Utah Drug Free Zone Violation
In order to obtain a drug free zone enhancement, the prosecutor does
not have to prove that the defendant knew or had reason to believe that
he was in a drug free zone. The prosecutor must simply
show that the defendant was in fact within 1000 feet of one
of the listed places. Because of the straight line
measurement, and the fact that many people underestimate the distance
of 1000
feet, many people are surprised to find themselves facing
enhanced penalties for a drug free zone violation.
Finding a Utah Criminal Defense Attorney in Salt Lake City
The consequences for a drug conviction in Utah are substantial.
A drug free zone enhancement raises the stakes even higher. Don't trust your case to just any attorney. Trust
an experienced
Utah drug crimes defense attorney with a
proven
record of
achieving real results.
Based in
Salt Lake City,
criminal defense lawyer Stephen Howard is pleased to offer legal services to clients throughout Utah.
Contact us now to schedule an initial consultation and case analysis.