Drug Related Crime Attorney Utah
Drug related crimes cover everything from possession of a controlled medication to the distribution of an illegal substance. According to Utah State Courts, drug related crimes such as possession, distribution, or the manufacture of controlled substances are the most common crimes in the state and, in recent years, convictions for them have more than doubled. Due to the severe-nature of drug related crimes, you need best drug attorneys in Utah to defend your rights.
Charged With Drug Related Crimes Near Salt Lake City? Call a Drug Related Crimes Attorney with Extensive Experience in Utah.
Drug Crime Penalties
Depending on the classification of the drug involved and on what you were charged with, you could be facing serious jail time and hefty fines. The maximum penalties for drug related crimes are:
- Class B misdemeanor: up to 6 months jail time and up to $1,000 in fines.
- Class A misdemeanor: up to 1 year jail time and up to $2,500 in fines.
- Third-degree felony: Up to 5 years in prison and up to $5,000 in fines.
- Second-degree felony: 1-15 years prison time and up to $10,000 in fines.
- First-degree felony: 5 years to life in prison and up to $10,000 in fines.
First and second offenses are typically Class A misdemeanors; a third offense may be charged as a third-degree felony.
Drug Crime Defense Practice Areas
Wasatch Defense Lawyers have 100+ years of experience successfully defending various drug charges including:
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Parental Drug Use As Child Abuse
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Possession:Drug Possession
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Drug Distribution
Utah Drug Classifications
Controlled substances in Utah are categorized into five schedules, labeled I through V. These classifications are based on a drug’s potential for abuse, accepted medical use, and likelihood of causing dependency. Schedule I substances carry the highest risk and most severe restrictions, while Schedule V substances are considered to have the lowest potential for abuse.
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Schedule I Drugs:
Have a high potential for abuse and no commonly accepted medical use in the United States. Some examples are Marijuana, GHB, Peyote, heroin, opium and LSD.
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Schedule II Drugs:
Have a high potential for abuse, but can be used for some medical purposes in the United States. Common examples are Cocaine, Methamphetamine, Oxycodone, & Fentanyl.
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Schedule III Drugs:
Have a lower potential for abuse than Schedule I or II drugs, and have commonly accepted medical uses in the United States. An example is anabolic steroids.
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Schedule IV Drugs:
Have a lower potential for abuse than Schedule III drugs and are commonly used for medical treatment in the United States. Examples include Xanax and Ambien.
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Schedule V Drugs:
Have the least potential for abuse and are frequently used for medical treatment in the United States. Examples include medicines with small quantities of codeine or opium, such as prescription drugs.
Frequently Asked Questions About Drug Related Crimes in Utah
What are the types of drug crime in Utah?
- Possession: This includes not only illegal drugs such as marijuana (without a valid medical cannabis card), cocaine, and ecstasy but also any controlled substance you don’t have a prescription for.
- Possession of paraphernalia: Drug paraphernalia includes items used to consume, produce, or process controlled substances. Examples include syringes, pipes, or bongs used to ingest drugs, as well as equipment used to cultivate marijuana or manufacture substances such as methamphetamine.
- Distribution: This is not only “street dealing” but also selling or giving away a controlled substance, even one you have a prescription for.
- Possession with intent to distribute: If you have sufficient quantities, you can be charged with this even though you claim it was all for yourself.
- Producing, manufacturing, dispensing: This applies not only to illegal drugs but also to counterfeit drugs and paraphernalia.
- Drug Trafficking: Distributing a controlled or counterfeit substance, or to agree, consent, offer, or arrange to distribute a controlled or counterfeit substance can be construed as drug trafficking. (See Utah Code §58-37-8(1)(a)(ii) for details)
- Operating a vehicle under the influence of drugs.
- Possession of a forged prescription for a controlled substance.
What makes a drug crime federal?
Drug trafficking is both a Utah crime and a federal crime. You are more likely to be charged with a federal offense if you are arrested by federal agents.
When is a drug case a felony in Utah?
Manufacturing and distribution are felonies as well as possession with intent to distribute. Most forms of simple possession are misdemeanors but become felonies on the third offense. Operating a vehicle under the influence of drugs is a felony.
Is a drug possession charge serious?
Even a first-time misdemeanor possession charge can result in six months in jail. Penalties increase for subsequent offenses. Possession with intent to distribute, as well as possession of certain controlled substance, is a felony, and long prison sentences are likely. You need a drug attorney to help you avoid the worst case.
What does DEJ mean in court?
DEJ is also known as Deferred Entry of Judgment
Deferred Entry of Judgment (DEJ) is designed for drug offenders who enter a plea of guilty or nolo contendre (“no contest”) to legally-specified drug related charges.
The offenders are ordered to participate in a program of drug education and basic counseling.
Can drug charges be dropped?
Charges will be dropped if you can show they were inadmissible or without sufficient cause. We can help you determine if this is possible. Also, charges may be dropped after completion of your obligations under a DEJ.
Can drug charges be expunged? What about if it’s a felony/federal?
Drug misdemeanors and most drug felonies can be expunged in Utah. First degree felonies, which generally involve repeat offenses, cannot. The eligibility wait period can be years and the process is daunting and requires legal expertise. Federal expungement is possible for a narrower range of offenses and under more restricted conditions.
Can a drug charge get you deported?
IIf you are undocumented immigrant, even possession (other than a small quantity of marijuana) can result in deportation.
Is it important to have a criminal defense lawyer familiar with drug crime cases?
Absolutely. Utah is serious about drug law, and there is heavy political pressure to punish drug related crime as severely as possible. Your freedom is at stake, and the state isn’t going to protect you. Call us and we will aggressively defend your rights.
Drug Crimes Defense Attorney in Salt Lake City, UT
If you or a loved one are facing drug related crimes, it’s important to speak with an experienced local attorney instead of facing the case alone. At Wasatch Defense Attorneys, our lawyers are experts at defending against drug charges and guide you through every step of the process.
