Possession of a controlled substance refers to when a person is in possession of a controlled substance knowingly.
What Are The Quantities For A Possession Charge In Utah?
There are no minimum quantities for a possession charge in Utah. Therefore, it can be any amount.
What Is The Difference Between Possession And Possession With Intent To Sell?
One difference between possession and possession with intent to sell is that individuals who are charged with possession with the intent to sell or distribute are generally found with additional tools. For instance, they are commonly associated with drug trafficking tools such as scales and empty baggies, as well as a decent quantity of cash.
As A Utah Criminal Defense Attorney, What Are Some Potential Defenses That Can Be Considered In A Drug Possession Or Intent To Sell Case?
A person’s defense to a drug charge begins with the initial stop. The constitution of the United States of America protects an individual from unreasonable search and seizure. This includes being stopped by the police, having the police enter your residence, and having your person or your personal effects searched. Unless the police have a warrant to search, they will have to meet a warrant exception. While there are many, it’s not uncommon for a judge to suppress all evidence gathered by the police in a search or an interrogation if it is found that the officer acted without a warrant and did not meet the requirement of any warrant exceptions.
The requirement that the possession of drugs must be known is another important defense. There are times when drugs are planted or found pursuant to a lawful search in belongings or items of clothing when an individual borrows somebody’s backpack or coat. At that point, it is important to have a good advocate who can credibly make that defense to a prosecutor or judge – in the event that a prosecutor is not impressed by the claim.
A skilled attorney will seek to corroborate your story through evidence, documents, and records that would support your version of events.
What Are The Criminal Penalties For Drug Possession Or Possession With Intent To Sell In Utah?
The criminal penalties for drug possession or possession with intent to sell will depend on the prosecutor, judge, underlying facts, and whether it’s a first time offense. Often, a first offense will lead to probation, potential community service, and a class. It’s not impossible to negotiate a plea in abeyance in which if all of those things are taken care of, the charge will be dismissed. It’s a common way for the court to give somebody a second chance. They see it as a chance for them to learn from their mistake without having it follow them for the rest of their lives.
Is Drug Court For First Time Offenders Available In The Counties Where You Practice In Utah?
Drug court is a possibility in the counties we practice in. However, they are generally not available for first offenders. It’s more of a resource for those who frequently go before a judge. It provides an additional resource to help someone fully overcome the challenge that they face.
Do You Recommend Drug Court For Every Client Who Fits The Criteria Of The Program? Is It On a Case-By-Case Basis?
Drug court is not a fit for everybody. It is definitely dependent on a person-by-person basis. It requires a high degree of commitment. For those whom it would be a successful resource, it can be life-changing. However, it isn’t for everybody.
What Happens If Someone Violates The Drug Court Terms?
At the end of the day, every charge carries a maximum penalty. The maximum penalties are spelled out very clearly in a person’s charging documents. One constitutional right an individual enjoys in our country is to know the charges brought against them and the maximum penalty. Any time someone receives less than the maximum penalty, they are getting a chance from the judge and court to enjoy a less severe penalty as incentive to help them change their behavior. Once the court is satisfied that the behavior is not likely to change, the person runs the risk of having the court order their sentence to be served to completion. In the case of a DUI, that would be six months in jail.
For more information on Drug Possession Charges In Utah, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (801) 923-6565 today.