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.
Penalties 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 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 24 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 crime, Susanne Gustin understands the worry and frustration you are facing.
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.
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- Search this state site to find the full statutes regarding controlled substances and related penalties.
Utah Government Services- Search the state sponsored site to find resources on substance abuse programs and mental health services.
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 24 years of experience helping those facing drug offenses to prepare for court.
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 speak with an attorney. This firm serves clients in Salt Lake City, Davis County, and surrounding areas.