Drug Crimes Criminal Defense Attorney in Layton, Utah

Drug Crimes


Defending Your Innocence Against a Drug Crime Charge

As criminal defense lawyers it is our job to defend you and your case. If you are have been charged with a drug crime, or you are currently under investigation for a drug crime, contact an experienced criminal defense lawyer in Layton, Utah today. It is crucial you do not wait.  You are innocent until proven guilty. We will treat you and your case accordingly. The police reports do not always tell the whole story. You are innocent until they prove otherwise.

You might not have broken any laws or committed any crimes– even if you have been charged or accused of doing so. In some cases there is not sufficient evidence to convict you of a crime. It is our job to make them prove their case. Our Layton criminal defense lawyers understand what it takes to defend your innocence.


Defending Drug Crimes in Utah

Drug crimes in Utah vary and include many different offenses. The charges can range from misdemeanors to felonies. The punishments can range from minimal sentences or fines to harsh punishments, including prison time. Some drug crimes can include state and federal drug charges. Federal charges typically come with more severe penalties and consequences than state drug charges.

As criminal defense attorneys, we will find the best defenses we can to give you the best outcome possible. There are a lot of circumstances that go into a drug crime investigation and an arrest. In some instances we can find holes in the investigation that may lead to having your charges reduced or even possibly dismissed.

As soon as you are arrested and charged with a drug crime, the prosecution will begin an extensive investigation against you. They will come at you aggressively in the courtroom, hoping to put you behind bars. As your criminal defense lawyers, we will provide you with an aggressive defense to help protect your freedom, overcome your charges, and keep you out of jail.


Drug Crimes- Understand the Utah Law

You can learn more about Utah’s drug laws by visiting utah.gov.

Drug crimes involve a variety of charges, from simple misdemeanors to serious federal drug charges, for drugs considered “controlled substances.”. Penalties for drug crimes also vary depending on the seriousness of the crime, type of drug involved, and amount of the drug. These drugs are considered “controlled substances.” Federal drug charges are enforced under the Federal Controlled Substances Act.

Types of Drug Crimes:

  • Drug Possession
  • Marijuana Drug Charges; Possession, Cultivation, Intent to Distribute
  • Possession with intent to sell, manufacture, or distribute a controlled substance
  • Possession of Drug Paraphernalia
  • Drug Trafficking and distribution
  • Cultivation
  • Manufacturing
  • Transportation
  • Driving under the influence of drugs
  • Illegal use of prescription or over-the-counter drugs

According to Utah drug laws, it is unlawful for any person to knowingly and intentionally:

  • produce, manufacture, or dispense, or to possess with intent to produce, manufacture, or dispense, a controlled or counterfeit substance
  • distribute a controlled or counterfeit substance, or to agree, consent, offer, or arrange to distribute a controlled or counterfeit substance
  • possess a controlled or counterfeit substance with intent to distribute
  • engage in a continuing criminal enterprise

Possession of a Controlled Substance

Possession of a controlled substance is one of the most common drug offenses in the state of Utah. As mentioned above, it is illegal in the state of Utah for a person to knowingly and intentionally possess or use a controlled substance without a lawful prescription.

Possession of a controlled substance in Utah can result in very serious consequences and penalties, which can include a prison sentence, fines, jail time, limitations of where an individual can work, a potentially permanent criminal record, and more.

In Utah there are two definitions of possession:

  1. Actual Possession involves having actual, physical possession of the drug, or controlled substance, on your person, such a is in your clothing, or in a wallet or purse on your body.
  2. Constructive Possession is more complex,– and difficult to prove– it involves knowledge that the illegal substances was in their vicinity, and was an illegal substance, and that the individual had the ability and intent to possess.

If you have been charged with possession of a controlled substance in the state of Utah, contact one of our Layton criminal defense attorneys. Our criminal defense lawyers are knowledgeable about the Utah drug laws and will do everything they can do get you the best outcome possible and help you avoid the most serious of penalties.


Drug Crimes- Consequences of a Guilty Verdict

Drug offenses convictions vary from misdemeanors to felonies to federal charges. The punishments can range from a small fine and probation to a serious prison sentence. Penalties and convictions vary depending on the drug involved in the crime, the amount of the drug, seriousness of the crime; whether it was for personal use, intended to be sold, manufactured or delivered, and if the individual has a prior drug conviction.

Utah’s Controlled Substances Act and Substance Schedule

The Utah Controlled Substances Act classifies all substances– from illegal substances and street drugs to prescription medications and over-the-counter drugs– into schedules, ranging from Schedule I to Schedule V.  Schedule I drugs are considered the most addictive of the substances. Consequences and penalties range depending on which schedule a substance falls into.

For more information about the Utah Controlled Substances Schedule you can download this table from Utah State University.

Schedule I

Type of Drug: Narcotics such as heroin; Hallucinogens such as LSD, mescaline and peyote.

Penalties:

Federal Laws

To possess or possess with intent to sell; intent to manufacture, sell, and/or deliver. The penalties for violating federal drug laws depend on the drug and amount of the drug.

  • 5-40 years to 10 years to life
  • Maximum fine: $2,000,000 to $40,000,000
  • If death or serious injury occurs, 20 years to life

Utah Laws

To possess.

  • Up to 5 years and/or up to $5,000 fine
  • 3rd Degree Felony

To possess with intent to sell.

  • 1-15 years and/or $10,000 fine
  • 2nd Degree Felony
Schedule II

Type of Drug: Narcotics such as opium, morphine, methadone and codeine; Depressants such as methqualone and some barbituates; Stimulants such as cocaine and some amphetamines; and Hallucinogens such as phencyclidine (PCP).

Penalties:

Federal Laws

To possess or possess with intent to sell; intent to manufacture, sell, and/or deliver. The penalties for violating federal drug laws depend on the drug and amount of the drug.

  • 5-40 years to 10 years to life
  • Maximum fine: $2,000,000 to $4,000,000
  • If death or serious injury occurs, 20 years to life

Utah Laws

To possess.

  • Up to 5 years and/or up to $5,000 fine
  • 3rd Degree Felony

To possess with intent to sell.

  • 1-15 years and/or $10,000 fine
  • 2nd Degree Felony
Schedule III

Type of Drug: Stimulants (including some amphetamines); Depressants (including some barbiturates); and some narcotics.

Penalties:

Federal Laws

To possess or possess with intent to sell; intent to manufacture, sell, and/or deliver. Includes all drugs and any amount.

  • Maximum penalty of 5 years/$250,000

Utah Laws

To possess.

  • Up to 6 months and/or up to $1,000 fine
  • Class B misdemeanor

To possess with intent to sell.

  • Up to 5 years and/or up to $5,000 fine
  • 3rd Degree Felony
Schedule IV

Type of Drug: Depressants including the benzodiazepines (e.g., valium, Librium and diamine), chloralhydrate, some barbiturates, and other (e.g., equanil, miltown, placidyl); some stimulants, and some narcotics.

Penalties:

Federal Laws

To possess or possess with intent to sell; intent to manufacture, sell, and/or deliver. Includes all drugs and any amount.

  • Maximum penalty of 5 years/$250,000

Utah Laws

To possess.

  • Up to 6 months and/or up to $1,000 fine
  • Class B misdemeanor

To possess with intent to sell.

  • Up to 5 years and/or up to $5,000 fine
  • 3rd Degree Felony
Schedule V

Penalties:

Federal Laws

To possess or possess with intent to sell; intent to manufacture, sell, and/or deliver. Includes all drugs and any amount.

  • Maximum penalty of 1 year/$1,000,000

Utah Laws

To possess.

  • Up to 6 months and/or up to $1,000 fine
  • Class B misdemeanor

To possess with intent to sell.

  • Up to 1 year and/or up to $2,500 fine
  • Class A misdemeanor

Marijuana

Marijuana, hashish-oil, THC (tetrahydrocannabinol)

Penalties:

Federal Laws

To possess or possess with intent to sell; intent to manufacture, sell, and/or deliver.

  • Marijuana under 50 kg.- Maximum 5 years/$250,000
  • Marijuana 50-100 kg.- Maximum 20 years/$1,000,000
  • Marijuana 100-1,000 kg.- Maximum 5-40 years/$2,000,000
  • Marijuana over 1,000 kg.- Minimum 10 years to life/$4,000,000
  • Hashish/oil under 100 kg.- Penalties differ from like quantities of marijuana

Utah Laws

To possess.

Marijuana under 1 oz.

  • Up to 6 months and/or up tp $1,000 fine.
  • Class B misdemeanor

Marijuana 1-16 oz.

  • Up to 1 year and/or up to $2,500 fine
  • Class A misdemeanor

Marijuana over 16 oz. but less than 100 lbs.

  • Up to 5 years and/or $5,000 fine
  • 3rd Degree Felony

Marijuana over 100 lbs. determined to be for distribution.

  • 2nd Degree Felony

To possess with intent to sell.

  • Up to 5 years and/or up to $5,000 fine
  • 3rd Degree Felony
  • 1-15 years and/or up to $10,000 fine

All penalties are enhanced by one degree if the incident occurs within 100 feet of a school, church, stadium, theaters, etc.

For more information about the Utah Controlled Substances Schedule you can download this table from Utah State University.


Criminal Defense Lawyer in Layton, Utah

If you are facing a drug crime conviction, the consequences could include serious jail and/or prison time and thousands of dollars in fines. Contact our Layton criminal defense lawyers and get the help and legal defense you need. As your criminal defense lawyers, we will provide you with an aggressive defense to help protect your freedom, overcome your charges, and keep you out of jail. Our criminal defense team is based in Layton, Utah and represents clients throughout the state of Utah.

Criminal Defense Attorney in Layton, Utah

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