Drug Paraphernalia Attorney for West Jordan
Possession of Drug Paraphernalia in Utah
Drug paraphernalia
charges in West Jordan can be prosecuted in either the West Jordan City
Justice Court or in the West Jordan Department of the Third District
Court. The choice of jurisdiction can depend on whether other more
serious crimes are filed along with the drug paraphernalia charge. Even
by itself, a conviction for
drug paraphernalia can be punished by up to
six months in jail and nearly two thousand dollars in fines and
surcharges. Having the assistance of an experienced
criminal defense
and drug crimes attorney can be vital.
Contact us today to arrange for
an initial consultation with Utah criminal defense attorney Stephen
Howard.
This page contains information on the following topics:
What
is "drug paraphernalia" under Utah law?

The
definition of "drug paraphernalia" under Utah law is very broad. In
addition to obvious items like drug pipes and syringes, there are many
other common items that can be classified as drug paraphernalia. An
important factor in determining whether an item is or is not drug
paraphernalia is the actual or intended use of the item.
Otherwise
innocent objects like plastic bags, balloons, pens, and
spoons,
can form the basis of a drug paraphernalia charge in West Jordan if
police believe that the intended use of the items involves illegal
drugs. Constitutional protections provide that a person charged with
any crime is presumed innocent, and a prosecutor must prove beyond a
reasonable doubt that the alleged paraphernalia is connected with
drugs. Simply possessing a balloon, spoon, or even syringe is not by
itself sufficient to prove a paraphernalia charge.
What
constitutes "possession" in a Utah drug paraphernalia case?
Possession in a West Jordan drug paraphernalia case can be proven
either through evidence of "actual" possession or to
"
constructive"
possession. Both types of possession can support the evidence necessary
to prove a drug paraphernalia charge.
The
concept of "actual" possession is fairly straightforward, generally
involving paraphernalia found in a person's pocket, hand, or otherwise
under their immediate control. The concept of "constructive" possession
can be more complicated.
To prove "constructive" possession
of drug paraphernalia, a prosecutor must present evidence that the
person had knowledge of the item's presence, knew of its intended use,
and had both the ability and the intent to exercise control over the
item.
Cases involving "constructive" possession often arise
when police find drug paraphernalia in a person's car. In such cases,
it is possible that the paraphernalia was in possession of the driver.
It is also possible that the paraphernalia was in the constructive
possession of a current passenger, or had been left behind by a
previous passenger.
Police officers are sometimes heard to
say that if you are the driver and owner of the car, that you are
responsible for anything found in the car. This is not an accurate
statement of the law. Without evidence of constructive possession, a
driver or owner may not be responsible for drugs or paraphernalia found
in a vehicle.
Utah courts have also recognized the concept
of "innocent" possession. Such cases can arise when a parent or other
person finds drugs or drug paraphernalia, and takes control over the
item solely for the purpose of disposing of or destroying the item.
While such cases of possession may meet the technical elements of
statutes on controlled substance possession and drug paraphernalia, the
court have recognized that punishment is not appropriate because there
is no illegal intent.
Punishment
for Drug Paraphernalia Possession in Utah
Most Utah drug paraphernalia charges begin at the class B
misdemeanor
level, carrying a potential sentence of up to 180 days in jail and
nearly $2000 in fines and surcharges. But drug
paraphernalia possession can be charged as a class A misdemeanor if a
drug
free zone
enhancement is found to apply. The enhancement to a class A misdemeanor
more than doubles the potential jail time, up to 365 days, and
increases the potential fines and surcharges to approximately $4800.
Delivery of drug
paraphernalia to another person can also be charged as a class A
misdemeanor. If the drug paraphernalia is delivered to a minor, a
felony
charge may be filed.
Finding
a Utah Criminal Defense Attorney in Salt Lake City

Based
in Salt Lake City, criminal defense attorney Stephen Howard provides
defense services to clients in West Jordan and throughout Utah. Mr.
Howard has
substantial experience defending drug cases in Utah, including
possession, paraphernalia, and distribution. He has also worked
extensively in Utah's
drug
court
system, and has successfully defended drug cases ranging from
first-degree felony drug distribution crimes to misdemeanor drug
paraphernalia
charges.
Contact us
today to arrange for an initial consultation.
RELATED CRIMINAL DEFENSE TOPICS