Fighting drug charges alone is a daunting task, and defendants can turn to our experienced attorneys for help beating the criminal allegations against them in Utah.
To fight drug charges, you need to know exactly what they are and the potential consequences they could bring. Possession of small amounts of marijuana is one of the most common drug charges in Utah and carries the least severe sentence upon conviction, up to six months in prison, on top of fines. For more serious charges, the possible consequences only increase, and the maximum sentence for first-time convictions for possession with intent to distribute is 15 years. Our lawyers will also review what happened during and after your arrest in Utah to determine if law enforcement acted inappropriately or violated your rights in such a manner that we can get the case dismissed. If they did not, we would continue to review the prosecution’s case and evidence to identify weaknesses and plan your defense against drug charges in Utah.
For a free and confidential case review from our Salt Lake City drug crime defense lawyers, call Overson Law, PLLC at (801) 758-2287.
How to Prepare Your Case Against Drug Charges in Utah
Like many states, Utah takes drug offenses seriously and applies relatively harsh consequences to those convicted, especially after several convictions. To hopefully avoid jail time entirely in your case, our lawyers will review the charges against you, evaluate the arrest and law enforcement’s actions, and assess the prosecution’s evidence to identify weaknesses in their case and possible defenses to the charges against you.
Review the Charges
You can only prepare a case once you understand the charges you are facing, so our lawyers will start by reviewing them and explaining the possible consequences you could deal with if convicted. The most common drug charges in Utah relate to possession, both simple possession and possession with intent to distribute. Consequences for possession vary, depending on the type of substance found on a defendant’s person and the amount. For a first-offense conviction for possession of less than one ounce of marijuana, for example, the possible punishment is up to six months in jail and up to $1,000 in fines according to Utah Code § 58-37-8(2)(d). For subsequent offenses, the possible consequences could increase.
Charges for possession with intent to distribute are more serious. They are often assessed based on the amount of illicit substances allegedly found on the defendant’s person or property at the time of the arrest. Possession with intent to distribute Schedule I or II substances, which include heroin, methamphetamine, psilocybin, and certain prescription drugs, is a second degree felony, which could come with up to 15 years in prison for a first conviction according to § 58-37-8(1)(b)(i).
For Schedule III or IV substances or marijuana, those convicted of charges related to possession with intent to distribute would be guilty of a third degree felony upon their first conviction and a second degree felony upon their second.
In addition to simple possession and possession with the intention to distribute, defendants might face other drug charges in Utah, many of which come with considerable jail time and other penalties, like costly fines.
Review the Arrest
Once our Bountiful, UT drug crime defense lawyers review the charges against you, we can look at the actual arrest and how law enforcement handled the matter. Our lawyers will ask you questions about the arrest, such as what happened before, during, and afterward. For example, suppose law enforcement entered your property without cause or a warrant and allegedly found illicit substances there. In that case, our lawyers may be able to get the charges against you thrown out or reduced. This might come up in drug cases that initiate from traffic stops when police officers pull over drivers, search their cars without probable cause, and find a small amount of marijuana or another illicit substance in their vehicles.
While being arrested on drug charges can be confusing and scary, do your best to remain calm and not ask law enforcement many questions despite wanting answers. The police officers who just arrested you do not necessarily have your best interests in mind and instead likely want to prosecute you for a crime that could alter your life forever. Instead of asking law enforcement for clarification on the reasons for your arrest or the charges you face, call our attorneys. Do not submit to any interviews with law enforcement without our lawyers there, as you could risk misspeaking and jeopardizing your defense.
Review the Evidence
The next step is planning a defense against drug charges or considering ways to reduce the effect a conviction could have on your life. To do this, our lawyers will review the prosecution’s evidence against you, which may include witness statements and lab test results. Lab processing issues could lead to skewed results, which unfairly affect your case, and our lawyers can fight to get tests thrown out in such situations.
Because of the possible penalties associated with serious drug convictions, defendants might eagerly accept plea deals to avoid prison time, not knowing that the prosecution’s case was weak to begin with. While negotiating plea deals are beneficial to defendants in some cases, accepting a plea agreement for certain drug charges could still result in consequences you should not have to face for a crime you did not commit. If the prosecution approaches us with a plea, that could indicate their case is not as strong as they hope, meaning your chances of success at trial are favorable.
While reviewing the prosecution’s evidence, we will build our own to support your defense. When investigating the arrest and the case further, our lawyers may interview eyewitnesses and expert witnesses of our own to undermine the prosecution’s case against you in Utah.
Call Our Utah Lawyers to Fight Drug Charges
Call the Logan, UT drug crime defense lawyers of Overson Law, PLLC for a free case assessment at (801) 758-2287.
