In Utah possession, distribution, and drug use are all serious offenses. Imprisonment, hefty fines, and required rehabilitation programs are just some of the penalties which can result from a drug conviction. Furthermore, the penalties a defendant faces for drug crimes depend on the circumstances surrounding the act including the amount of drugs in possession, whether the actor had the intent to distribute, and the type of controlled substance.
Being accused of a drug crime can be stressful for any person. An arrest can lead to complicated litigation which requires an experienced defense attorney. Seeking the advice of a skilled lawyer is in your best interest. A knowledgeable and experienced defense lawyer can provide a defense strategy to fight any drug related offense or prescription drug crimes.
A criminal arrest has both immediate and long-lasting consequences that can be devastating. Your freedom, your career, and your family life may depend on the decisions you make in the next few days.
With over 28 years of experience as a defense lawyer, Susanne Gustin defends individuals accused of crimes in Utah. If you have been charged with or are under investigation for a drug crime, Susanne Gustin understands is an experienced and knowledgeable defense attorney ready to help.
Susanne is well-known for her involvement in high-profile cases with some cases receiving national coverage. She has obtained numerous acquittals and dismissals of charges for her clients and has successfully created a name for herself in the legal community. Contact Susanne Gustin Attorney at Law at (801) 243-2814 or submit an online form to schedule a completely confidential consultation to discuss all of your legal options.
Drug crimes in the state of Utah are governed by the Utah Controlled Substance Act §58-37. Under this Act, Utah details the specific types of offenses punishable as a drug crime. Listed below is one of the most common prosecuted subsections of the Utah Controlled Substance Act.
Utah Code §58-37-8 Prohibited acts A prohibits an individual from knowingly and intentionally committing any of the following acts:
Utah’s Controlled Substance Act categorizes controlled substances into different groups based on potential abuse and medical usage. Drug offense penalties will vary based on the category of the controlled substances. Substance categories are as follows:
Consequences of drug convictions will vary by substance category. Other factors for consideration include the actor’s intent, whether the actor was part of a larger drug manufacturing or distribution group, whether the offense took place in the presence of a minor, prior convictions, and similar relevant information.
Individuals convicted of a first or second conviction of possession of a controlled substance may be convicted of a class A misdemeanor punishable by up to one year in jail and/or up to $2,500 in fees.
For those individuals guilty of a third or subsequent conviction, the punishment is a third-degree felony punishable by zero to five years imprisonment and/or up to $5,000 in fees.
Individuals found guilty of a second-degree felony face anywhere from one to fifteen years imprisonment and/or $10,000 in fees.
Utah’s Controlled Substance Act classifies many well-known drugs such as cocaine, marijuana, and heroin. Below are different types of drug crimes in Utah:
A major part of the prosecution’s case in a drug crimes case is the evidence recovered from the individual. One way to fight the prosecution is to attack the method in which the evidence was acquired.
If a search, raid, or stop was performed without the proper protocol, filing a motion to dismiss the evidence may work in your favor. In addition, the prosecution’s credibility may be called into question with regards to the sufficiency of the evidence. Reasonable doubt may be established where the prosecution lacks sufficient evidence against the defendant.
Utah Code – The Utah Code Controlled Substance Act include definitions, substances, penalties, and much more. View each section of chapter 37 of Utah Code to learn more about drug crime laws.
Utah Division of Substance Abuse and Mental Health – The department provides a multitude of services for substance abuse and mental health. Visit the link to learn about substance abuse prevention, to get involve with a local prevention coalition, to obtain services for adult and/or child mental health services, and much more.
Community Anti-Drug Coalition of America (CADCA) – The organization’s mission is to strengthen the capacity of community coalitions to create and maintain healthy, drug-free, and safe communities. CADCA is able to accomplish their mission through providing training, public policy advocacy, special events, marketing programs, and much more.
Salt Lake County Drug Court Program – Drug Courts aim to help reduce substance abuse among substance abusers and to increase the likelihood of recovery. An eligible defendant has the opportunity to be sent to Drug Court instead of the traditional justice system. Once the defendant has completed all sanctions such as imprisonment, fines, program requirements, etc., the guilty plea is withdrawn and the criminal charges are dismissed. The Criminal Justice Services is located at:
145 East 1300 South Suite #501
Salt Lake City, UT 84115
Phone: (385) 468 – 3500
Having a drug offense on your record is extremely damaging to your future. As a Salt Lake City drug crimes defense lawyer, Susanne Gustin has over 28 years of experience helping those facing drug offenses to prepare for court. You do not have to face this alone, having an experienced drug crimes defense lawyer to represent your best interest can help increase the possibility of a favorable outcome. If you have been charged with a drug offense or any other serious offense, you will require an attorney skilled in litigation.
Call Susanne Gustin Attorney at Law at (801) 243-2814 to schedule your consultation. Susanne Gustin Attorney at Law serves clients in Salt Lake City, Davis County, and surrounding areas.