Utah Drug Defense
Attorney - Drug Sentences
** Please note that laws governing controlled substances and drug
offenses in Utah have changed. Most simple
possession charges were
reduced to the
misdemeanor level based on amendments passed in 2016 by
the Utah Legislature. But
felony possession charges are still possible in cases involving enhancements for prior convictions or for
drug-free zone violations. For the
best and most current information on
defending
drug charges in Utah,
contact us today.**
How much time
can a
person expect to spend in prison on a drug possession case in Utah?
The
sentence a criminal court will impose for a
drug charge in Utah can
depend on a number of factors. Prison time is not mandatory in Utah
drug cases. Instead, the court has a range of possible sentencing
options that can include probation, fines, jail time, or prison. Having
an experienced
criminal defense attorney on
your side can help give you
the best chance of avoiding prison time and achieving a successful
outcome in your case.
Based in
Salt Lake City, criminal defense attorney Stephen Howard has
successfully defended clients facing drug charges ranging from
drug
possession to first-degree felony
drug
distribution charges.
Contact us today to
schedule an initial consultation.
Indeterminate Sentencing in Utah Drug Cases
In the Utah criminal court system, when imposing a prison sentence in a
felony
case, a
judge orders an indeterminate term. Rather than setting an exact length
a prison sentence, Utah's indeterminate sentencing system provides a
range of possible time. The Board of Pardons and Parole then determines
how much of that time a defendant will actually serve.
A third-degree felony is punishable with a prison term ranging between
zero and five years. A second-degree felony carries a possible 1-15
year prison term. First-degree felony charges are punishable with a
potential of up to life in prison.
In Utah
misdemeanor
drug cases, a judge has the option of imposing a fixed-length jail
sentence. Depending on the level of the offense, a misdemeanor charge
can carry a potential of up to a year in jail.
Offense Levels for Drug Crimes in Utah
Drug crimes in Utah include possession of
drug
paraphernalia,
possession of a controlled substance, drug distribution, and
possession
with the intent to distribute. Drug paraphernalia charges in
Utah are
typically filed as class B misdemeanors. For possession or distribution
charges, the level of the offense can depend on which drug is involved.
Possession of
marijuana
(less than one ounce) begins at the class B
misdemeanor level. Marijuana distribution or possession with the intent
to distribute typically starts at the third-degree felony level.
Most other common street drugs (including
heroin,
cocaine,
and
methamphetamine)
as well as many commonly-abused prescription
medications begin at the third-degree felony level. Possession with the
intent to distribute or distribution of these drugs begin at the
second-degree felony level.
Enhancements for drug charges in Utah can increase the level of a
charge by one step. Enhancements commonly charged in Utah include
the
drug
free zone enhancement,
possession
within a
correctional facility, and an enhancement for prior
convictions.
Probation in Utah Drug Cases
For a felony drug crime in Utah, the court may impose a prison
sentence. But the court may also suspend the prison term and place the
defendant on probation. When placing a person on probation in a felony
case in Utah, a court may may require that the defendant serve
a
period of time, not to exceed one year, in a county jail. (See Utah
Code 77-18-1(8).) A court may also require drug testing, a substance
abuse evaluation, and participation in appropriate drug treatment.
Finding a Criminal Defense Lawyer in Utah
If you are facing prosecution for a drug crime in Utah, your best step
is to retain the services of an
experienced
criminal defense attorney. Based in Salt Lake City,
criminal
lawyer Stephen Howard has successfully protected his clients'
rights in drug cases ranging from first degree felony distribution to
misdemeanor marijuana possession.
Contact us today to
see how we can help you.