Drug possession offenses are heavily policed, and being caught with drugs could land you in jail and result in expensive fines. When you face criminal charges, it is best to work with a private defense lawyer who has the time to handle each case individually and protect your rights.
Our attorneys handle drug possession charges involving simple possession or possession with the intent to distribute, along with other drug crimes. We can help with your case no matter what drug was involved, and we can seek to shut down criminal charges where your rights were violated to collect the evidence against you.
Call (801) 758-2287 for a free case evaluation with the drug possession lawyers at Overson Law.
Simple Possession vs. PWID in Layton, UT
“Simple possession” is often the name used for the crime charged under Utah Code § 58-37-8(2)(a)(i), as contrasted with the charges under § 58-37-8(1)(a)(iii) for possession with the intent to distribute (PWID). Our drug possession lawyers can handle each type of possession charge, but it is important to understand the distinction between these charges:
Definitions
“Simple possession” is the crime of having drugs on your person or in your possession when you only intend to use the drugs yourself or just to have them around. The statute specifically includes both using and possessing, but it is equally illegal to possess drugs in your body upon use as it is to have them in your hand or pocket.
“Possession with the intent to distribute,” as the name implies, involves having drugs with the intent of giving them to others. This crime does not include a requirement that the drugs are actually delivered – that conduct is charged under subsection (1)(a)(ii) instead. It also makes no distinction that you have to sell the drugs for money in order to be charged; simply sharing drugs with other people would also constitute “distributing” them. That means having drugs that you intend to share could also be charged as PWID.
Escalating Simple Possession to PWID
Police and prosecutors often need additional evidence that you meant to distribute the drugs to upgrade simple possession charges to PWID charges. This could come from a confession, which is why it is important never to speak to the police about your case without your lawyer present. Without that, they need circumstantial evidence about your possession to show that you intended to give or sell the drugs to others.
How the drugs are stored and labeled often provides a lot of evidence. Having individual baggies/bottles portioned for sale or storing separate strains/types of drugs for display or quick dispensing would make it seem more like you meant to sell drugs than just use them yourself. Additionally, storing drugs with paraphernalia for using them makes it less likely that they are for sale than if you stored them alongside cash, pagers, guns, and baggies.
The quantities involved can also help or hurt a case to charge you with PWID, as most people intending to use a drug will not have large quantities, whereas someone trying to sell drugs will usually have more than enough for their own use.
PWID can also be seen somewhat like an “attempted distribution” crime, where you meant to sell the drugs but did not do it yet. As such, text or chat messages and voicemail messages discussing drug sales would likely incriminate you and show the police that you meant to sell the drugs referenced in the messages. Agreements to sell drugs could violate subsection (1)(a)(ii) instead.
Defenses Against Drug Possession Charges in Layton, UT
Our attorneys can use a few common defense strategies to potentially challenge the case directly or at least attack the evidence and police procedures used in your case to shut down the charges against you:
Justification
It is absolutely legal to have drugs in some cases, and if you were charged despite a good excuse, there should be defenses available to you. Many people face charges for drug possession when their drugs are prescription drugs in their name, but they simply are not in the right bottles or labeled packages. This misunderstanding might help us convince a court to dismiss the charges or reduce the penalties.
Possession Not Proven
If you have drugs in your hand, you clearly possessed them – but even that might not meet the legal definition. Other situations are even more dubious, and if we can challenge the “possession” element of these charges, we might be able to get the case dismissed.
Possession comes in two types: actual and constructive. Actual possession is when you have something in your hand, in your pockets, or otherwise on your person – potentially in a backpack or bag. Construction possession involves having something at your house or in your car or somewhere else you have access to while knowing the drug is there. In either case, you also need to know what you have.
Possessing drugs in a sealed package that you have not seen inside might mean you do not even know what you have and cannot be convicted of knowingly possessing drugs. Additionally, you might now knowingly have drugs if you thought they were something else or if you mixed up bottles and thought you had your prescription when you had your roommate’s. Even so, possessing “counterfeit drugs” or fake drugs, such as flour you intend to dupe someone into buying instead of cocaine, could still be illegal.
With constructive possession, there is more room for challenging the fact that you knew the drugs were there or that you had access to the area. Common or shared areas often lead to charges, but they are not always fair. For example, your roommate’s locked safe is probably not somewhere you have access to, even if you know your roommate keeps drugs in there. This should not lead to charges for you.
Challenging Searches
If the police did not have probable cause to search you or did not have reasonable suspicion to stop you and talk to you about a potential crime in the first place, then the evidence they seized should be illegal. Even if they later found you did have drugs, they cannot use them as evidence of the crime if the search was illegal to begin with. Without the drugs as evidence, it is hard to prove you possessed drugs.
Call Our Drug Possession Defense Attorneys in Layton, UT Today
Call (801) 758-2287 today for a free case review with the drug possession lawyers at Overson Law.
