Police and prosecutors across Utah take drug crimes very seriously. Even when you are charged with minor possession offenses with drugs you were never going to sell or give to anyone else, the penalties can still be steep.
Our lawyers work to defend people accused of drug crimes from the charges they face. Convictions in these cases could lead to jail time, a difficult criminal record, and high fines. However, our lawyers work to get you out of jail, fight the charges, deny evidence after illegal search and seizure, and help you get back to your normal life.
For a free review of your case, call the drug possession lawyers at Overson Law today at (801) 758-2287.
Drug Possession Crimes in Millcreek, UT
Drug possession charges in Utah all typically cite Utah Code § 58-37-8. This statute is broken down into different subsections, some of which deal with possession and some of which deal with other drug crimes like manufacturing. The primary subsections we are looking at for drug possession crimes would be subsection (1)(a)(iii), which covers possession with the intent to distribute (PWID), and subsection (2)(a)(i), which covers “simple possession” (possession for personal use).
Our drug possession lawyers will help you break down the possible penalties based on which specific crime and subsection you are charged under, and we can help defend you against these charges if what you allegedly did does not meet the elements of the crime.
Penalties
Simple possession is the lighter offense of the two, with first-time charges typically being misdemeanors for Schedule I and II drugs or small amounts of marijuana. For over 100 lbs of marijuana, however, the charges are upgraded to a second degree felony. Repeat offenses are also upgraded by one degree at a time for each new offense, up to certain caps.
PWID is a more serious offense because possessing drugs that you intend to deliver to someone else increases the prevalence of drugs in the community. These charges have the same penalties as actual delivery, with the potential felony charges. The actual level of felony – first, second, or third degree – changes depending on what specific drug was possessed and whether this was a repeat violation. Additionally, the use or possession of a gun with the drugs can increase your penalties. Within each specific subsection, there may also be an increased or minimum jail term required for the offense.
Elements
The elements of these crimes are virtually the same, with PWID having the extra element of the intent to deliver the drugs. As such, we can go over the overlapping elements of knowing possession and that the item was a drug.
First, possession consists of knowing that you have something. That means the prosecutors need to show you knew it was there and had access to it – called “constructive possession” – or that you knew it was there and physically had it on your person – called “actual possession.” If the police find drugs in your car or house, that is usually constructive possession, and they need to prove you knew it was there in order to convict you. If you did not have access to the location – such as a roommate’s safe – then that would also make it harder to prove possession. If the items are on your person or in your hand or mouth, you typically know they are there.
The thing possessed also has to be a drug or a counterfeit drug. Just because the test comes back and shows the item was not actually a drug does not necessarily mean you can get away with the offense if you were, perhaps, planning to sell those counterfeit items as though they were drugs.
The added element for possession with the intent to deliver is that you intended to give or sell drugs to someone else. They do not need to prove that a deal was already made, just the intent to give them to someone else. This could be proven by showing the drugs were bagged in individual amounts or that you had scales and cash with the drugs, for example.
Stages of Drug Possession Cases Our Lawyers Can Help with in Millcreek, UT
There are a few stages in your drug possession case where our defense lawyers can step in and have maximum effect in defending your rights, trying to reduce your charges, and helping reduce the impact of pretrial detention and penalties:
Interrogations
Never talk to the police without your lawyer present. You can invoke your 5th and 6th Amendment rights to remain silent and have a lawyer present during questioning. We can step in and handle all communications with the authorities from that point.
Searches
You usually will not have time to call your lawyer and get them to come to the search unless you know you are going to be served with a warrant. Otherwise, take note of what happens during a search, do not give the police permission/consent to the search, and contact our lawyers right away afterward to help mitigate the impact of the search and review the facts for any potential illegal searches or seizures.
Bail
If you can fight your case on the outside, it is often much easier. Our lawyers can make arguments to get you released while you await trial, ideally reducing the amount of time you ever spend behind bars for your case.
Bench Warrants
If you were supposed to go to court for drug possession charges and you missed your court date, you might now be stuck with a bench warrant. Our lawyers can help you get that cleared up and take your case back to court, where we can continue defending you.
Negotiations
Our lawyers may be able to knock down charges or reduce the penalties you could face in exchange for a guilty plea, but it is always up to you whether you want to accept a plea deal or not.
Suppression Hearings
Police cannot use evidence they obtained illegally, and we can seek to have that evidence thrown out in pretrial “suppression motions” that are usually resolved at suppression hearings.
Trial
If your case goes to trial, we can be there to put on your defense in front of the judge or jury.
Call Our Millcreek, UT Drug Possession Defense Attorneys Today
Contact Overson Law at (801) 758-2287 for your free case assessment with our drug possession attorneys.
