Felony Possession

A conviction for felony possession of a controlled substance may mean time in prison or jail. District attorneys across the state are under pressure to put drug traffickers away and the legislature is passing stronger laws with harsher penalties every year.

If you have been charged with a felony drug offense or are under investigation, don’t expect the charges to be reduced or dismissed. You need aggressive legal representation to help you keep a conviction off your record.

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Salt Lake City Felony Possession Defense Attorney

If you are currently facing felony possession charges, call Susanne Gustin Attorney at Law at (801) 243-2814 to discuss the circumstances of your charges or investigation. Susanne Gustin is a criminal defense lawyer with over 30 years of experience in all drug crimes including each of the following:

Susanne will provide an honest, full evaluation of your case and discuss the best option for moving forward. Her first priority will be to fight to keep a conviction off your record and you out of jail. Susanne’s constant focus will be to protect your rights. This firm serves Salt Lake City, Davis County, and neighboring areas.

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Felony Possession Information Center

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Felony Possession Defined by Utah Code

Utah Code §58-37-8 prohibits individuals from producing, manufacturing, dispensing, or possessing with intent to produce, manufacture, or dispensing controlled or counterfeit substances.

Controlled substances are defined as any drug or substance listed in Schedule I-V of Section 58-37-4 or the federal Controlled Substances Act, Title II, P.L. 91=513. This also includes substance analogs or substances listed in Section 58-37-4.2.

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Penalties for Felony Possession Conviction

Felony Possession convictions result in felonies with lengthy prison sentences and hefty fines. The severity of these penalties will rely heavily on a variety of factors including the category of the substance, the circumstances surrounding the distribution or possession, and the defendant’s criminal history.

Penalties for felony possession can range anywhere from a minimum of zero years in jail and up to $5,000 in fines to life in prison and/or up to $10,000 in fines. Consequences for this type of offense may also be affected by whether the defendant committed other crimes during the act.  

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Possible Defenses to Felony Possession Charges

There are a number of potential challenges and defenses to felony possession charges that may be raised, including:

  • Probable cause — Did the police have a legitimate reason for the arrest?
  • Illegal search and seizure — Did the police have the legal right to search your body or premises?
  • Guilt by association — Were you the actual owner of the illegal narcotics?
  • Blood and urine test — Were the tests conducted correctly to determine that you had narcotics in your system?
  • Civil rights — Were your rights protected at every turn of the arrest and incarceration process?

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Alternatives to Jail

Attorney Susanne Gustin will do everything possible to have your case prosecuted in the Utah drug courts or mental health courts, rather than the criminal court system. The drug court offers the option of drug education or treatment program.

Upon successful completion of a “diversion program,” your charges will be dismissed and you will avoid jail. Qualification for the drug court program will rely on the court’s risk and needs assessment.

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More Information

Utah Courts-The Utah Courts website provides information in felony possession penalties, how the sentences are determined, and links to Utah’s Code.

DRS– This organization offers a residential drug rehabilitation center for addicts.

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Susanne Gustin Attorney at Law Salt Lake County Felony Possession Defense Attorney

Discover the difference an experienced Salt Lake City and Ogden drug charges attorney will make at this tough time of your life. Contact Susanne Gustin Attorney at Law at (801) 243-2814 to arrange a consultation to discuss your charges right away. From offices in Salt Lake City, this criminal law firm represents clients in Salt Lake City, Davis County, and other areas throughout Utah.

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