Utah Drug Possession Attorney West Jordan
A conviction for
drug possession can include substantial jail or prison
time, thousands of dollars in fines, and much more. If you are facing
charges for drug possession,
paraphernalia,
distribution, or other
drug-related offenses, it is important to have an
experienced criminal
defense attorney on your side. Based in Salt Lake City,
criminal
defense attorney Stephen Howard provides criminal defense services to
clients in
West Jordan and throughout Utah.
Contact us today to arrange
for an initial confidential consultation.
Drug Possession Penalties in West Jordan, Utah
Drug possession charges in West Jordan can be filed as either a
misdemeanor or a
felony, depending partly on which drug is involved,
where the offense occurs, and the defendant's past criminal history.
Prior to October 2015, most drugs other than marijuana were charged
beginning at the third-degree felony level. Following amendments made
to Utah's drug laws by the 2015 legislature, drug possession charges
begin at the misdemeanor level, but can still be enhanced to the felony
level under certain conditions.

Possession of a controlled substance classified by Utah Code
58-37-4 as either Schedule I (e.g. heroin
or psilocybin
mushrooms) or Schedule II (e.g.
methamphetamine,
cocaine, methadone,
or other opiates), will be charged at a default level of a class A
misdemeanor. Criminal charges for possession of
most
other controlled substances (Schedule III, Schedule IV, or Schedule V)
begin at the class B misdemeanor level. Enhancements for possession in
a drug free zone possession with the intent to distribute can increase
the severity of these criminal charges to the felony level. Class
B misdemeanor charges are typically filed in the West Jordan City
Justice Court. Criminal prosecutions for felony or class A misdemeanor
charges must be handled through the Third District Court's West Jordan
Department.
Marijuana charges are treated differently in Utah. Although
marijuana is technically a Schedule I controlled substance, a charge
for possession of marijuana begins at the class B misdemeanor level.
Enhancements can be added, increasing the potential penalties, based on
the amount of marijuana involved, the proximity to a
drug free zone,
and prior criminal record of the defendant. Although marijuana for
medical or recreational use has been legalized in other states,
possession of marijuana in Utah can still be prosecuted as a criminal
offense.
Because
of the broad definition of "drug paraphernalia" under Utah law, many
drug possession charges are also accompanied by the additional charge
of
possession of drug paraphernalia. This increases the potential penalties of any drug case.
Drug Charge Enhancements in West Jordan
One of the more common
enhancements used in West Jordan drug cases is for possession within a
drug free zone. Utah law governing drug free zones provides for a
one-step enhancement of a drug charge. This can include an enhancement
from a class A possession charge to a third degree felony, or
enhancement from a second degree distribution charge to a first degree
felony charge. The differences in potential penalties can be
significant - enhancing a one-year misdemeanor jail sentence to a
five-year felony prison term, or turning a second degree felony
one-year minimum prison term to a potential life prison sentence for a
first degree conviction.
Potential penalties for West Jordan
drug charges can also be increased based on enhancements for prior drug
charges or for possession with the intent to distribute. Most of these
enhancements will increase the charge by one step from its base level.
But, as noted above, a single step enhancement can greatly increase the
potential penalties.
Choosing a Drug Crimes Attorney for West Jordan
If you are
facing criminal prosecution for drug possession or other drug-related
crimes in West Jordan, Utah, you need an
experienced
defense attorney on your side. With offices centrally
located in Salt Lake City, Stephen Howard has extensive experience
defending drug crimes in Utah.
Contact us today to
schedule an initial consultation.