It Pays to Have Experienced Drug Crimes Defense Trial Lawyers On Your Side

If you have been charged with a first degree felony drug crime you want a lawyer on your side who has trial experience. Even if your case never actually goes to trial, the preparation required to prove a case to a jury is the same preparation that leads to effective negotiation of plea bargains.

We are aggressive trial lawyers with years of experience helping defendants facing misdemeanor and felony drug charges to our credit and we are ready to put it to use in your case. We invite you to contact our Salt Lake City law office to schedule a free initial consultation. Call (801) 363-8500 or use the contact button to email our law firm today.

52 Drug Courts and the New Early Criminal Resolution Program in Utah

The state of Utah takes drug crimes seriously, but it also understands that people who abuse drugs often need help or they simply become repeat offenders.

In response to a growing concern over the high rate of recidivism, in 1996 the Third District Court (Salt Lake) become “home” to the first drug court in the state.  There are now 52 drug courts throughout the state that have played a key role in helping thousands of hard-core drug abusers and addicts become “clean and sober.”

Statistics show that drug users who successfully graduate the program are far less likely to become repeat offenders or return to a life of drugs and crime.  According to an article in The Salt Lake Tribune, “The program works by offering an incentive to not use drugs:  a blend of jail time and fines coupled with positive reinforcement, intense therapy and graduated stages of freedom in exchange for staying sober.”

Due to the remarkable success of Utah’s drug courts, a separate pilot program known as “Early Criminal Resolution”  (ECR) was launched in February, 2011.  The controversial program is intended to help identify and divert a much higher percentage of drug-related criminal defendants toward alternative prosecution.

“This program will apply key drug-court principles of accountability, supervision and therapeutic assessment to about 4,000 other offenders a year in one of the biggest experiments of its kind in the country, presiding 3rd District Judge Robert Hilder says.”

Although optional participation in the ECR program allows defendants and their attorneys quicker access to the courts, some legal advocates argue that it is an attempt to clear heavy caseloads by making quick decisions that could adversely impact defendants by shortening or denying their right to due process.

More Information about the program can be found on the Utah Drug Courts Website.

_{Source:  Tony Semerad. The Salt Lake Tribune.  Utah Drug Courts: Winning battles in a losing war? Updated Mar 23, 2011 12:10AM}

Possession of Marijuana Paraphernalia

The penalties for possession of marijuana paraphernalia — even if you do not have any of the drug on your possession can be stiff.

Utah depends upon the whether you are charged with a misdemeanor or a felony. How you are charged is based upon the weight of the drug in your possession. Regardless of whether you are charged with marijuana possession or (sale) distribution of marijuana, your driver’s license will be suspended for six months if you are convicted of any marijuana-related charges.

If you have been caught with marijuana in your possession, you could be facing jail time and a stiff fine. Our criminal defense attorneys are here to help. We may be able have the charges against you reduced through a plea bargain, or dismissed. Contact our criminal defense law office today for a free consultation to discuss your legal options.

Penalties for Possession of Marijuana in Utah

If you are convicted, the following chart shows penalties you could be facing.

If you are a repeat offender, the charge penalties can be increased by one degree or level.

Utah Marijuana Drug Paraphernalia Laws

In addition to possession of marijuana, or selling/distributing marijuana, growing marijuana plants is also illegal. Under the Utah Drug Dealer’s Liability Act, possession of marijuana is defined by the level of offense. A level 1 offense, is the most serious offense.  But possession or selling equipment or devices associated with drug use can also lead to serious charges against you under the Utah Drug Paraphernalia Act, which defines “drug paraphernalia” as follows:

Title 58. Occupations and Professions
Chapter 37a. Utah Drug Paraphernalia Act
Section 3. “Drug paraphernalia” defined.

As used in this chapter, “drug paraphernalia” means any equipment, product, or material used, or intended for use, to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, package, repackage, store, contain, conceal, inject, ingest, inhale, or to otherwise introduce a controlled substance into the human body in violation of Title 58, Chapter 37, Utah Controlled Substances Act.

You Deserve the Best Legal Defense From Someone Who Cares About The Outcome of Your Case

We understand that you may think smoking “pot” for your own personal reasons is not a big deal. But we also know that prosecutors think any illegal drug use is a big deal and take possession of marijuana charges seriously, especially if you are caught growing marijuana, or distributing it. The prosecutor will work hard to prove your guilt and may push for the maximum sentence possible — we are defense attorneys, and that means we are on your side and will work hard to get you the best possible outcome.

Our criminal defense attorneys are trial lawyers. We have years of experience to our credit and we’re ready to put it to use in your case. We invite you to contact our Salt Lake City law office to schedule a free initial consultation. Call (801) 363-8500 or complete our simple online form to tell us about your case.

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Distribution or Sale of Marijuana

The penalties for the possession of marijuana in Utah depend upon the whether you are charged with a misdemeanor or a felony. How you are charged is largely determined by the weight of the drug in your possession.  However, if you are charged with selling or distributing marijuana, you can be charged a minimum of a third degree felony.

In Utah, Third Degree crimes include burglary of non-dwelling, theft more than $1,000 but less than $5,000, aggravated assault, forgery of checks more than $1,000 but under $5,000, third DUI in 10 years, joyriding (for more than 24 hours), possession with intent to distribute marijuana, and possession of other controlled substances, and false or forged prescriptions.  As you can see, felonies are serious crimes, and selling drugs is no exception.

If you have been arrested for a crime involving the sale or distribution of marijuana you are facing felony charges that can include up to five years in prison or more.

Our drug crimes criminal defense attorneys are here to help you through the legal system to get the best possible outcome for you.  We may be able have the charges against you reduced through a plea bargain, or dismissed. Contact our criminal defense law office today for a free consultation to discuss your situation and discover what you legal options are.

Penalties for Distribution or Sale of Marijuana in Utah

The following chart shows penalties you could be facing if you are convicted of selling marijuana in Utah:

Any conviction of marijuana charges, including possession of marijuana, or sale/possession of drug paraphernalia, regardless of their felony degree or misdemeanor class, will result in your driver’s license being suspended for at lest six months.

Utah Marijuana Drug Sales Laws

In addition to possessing marijuana ready to be smoked, growing plants is also illegal. Under the Utah Drug Dealer’s Liability Act, possession of marijuana is defined by the level of offense. A level 1 offense, is the most serious offense, and if you are convicted of distributing marijuana, you are facing serious penalties.  Specifically, Utah law defines levels as:

Title 58. Occupations and Professions; Chapter 37e. Drug Dealer’s Liability Act
Section 2.58-37e-2. Definitions.

(5) “Level 1 offense” means possession of 16 ounces or more or distribution of four ounces or more of a mixture containing a specified illegal drug or possession of 16 pounds or more or 100 plants or more or distribution of 10 pounds or more of marijuana.

(6) “Level 2 offense” means possession of eight ounces or more, but less than 16 ounces, or distribution of two ounces or more, but less than four ounces, of a mixture containing a specified illegal drug or possession of eight pounds or more or 75 plants or more, but less than 16 pounds or 100 plants, or distribution of more than five pounds, but less than 10 pounds of marijuana.

(7) “Level 3 offense” means possession of four ounces or more, but less than eight ounces, or distribution of one ounce or more, but less than two ounces, of a mixture containing a specified illegal drug or possession of four pounds or more or 50 plants or more, but less than eight pounds or 75 plants, or distribution of more than one pound, but less than five pounds of marijuana.

(8) “Level 4 offense” means possession of 1/4 ounce or more, but less than four ounces, or distribution of less than one ounce of a mixture containing a specified illegal drug or possession of one pound or more or 25 plants or more, but less than four pounds or 50 plants, or distribution of less than one pound of marijuana.

You Deserve the Best Legal Defense

We understand that you may think selling “pot” is not as serious as selling cocaine, but prosecutors think selling any illegal drug is a big deal and take drug distribution, and intent to distribute charges seriously. The prosecutor will work hard to prove your guilt and may push for the maximum sentence possible — the prosecutor is not on your side and may not care about hearing your side of the story.  But we are defense attorneys, and that means we are interested in hearing your side and will work hard to get you the best possible outcome.

Our criminal defense attorneys are trial lawyers. We have years of experience to our credit and we’re ready to put it to use in your case. We invite you to contact our Salt Lake City law office to schedule a free initial consultation. Call (801) 363-8500 or complete our simple online form to tell us about your case.

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Possession of Marijuana

The penalties for possession of marijuana in Utah depends upon the whether you are charged with a misdemeanor or a felony.  How you are charged is based upon the weight of the drug in your possession.  Regardless of whether you are charged with possession or (sale) distribution of marijuana, or sale/possession of drug paraphernalia, your driver’s license will be suspended for six months if you are convicted of any marijuana-related charges.

If you have been caught with marijuana in your possession, you could be facing jail time and a stiff fine.  Our criminal defense attorneys are here to help.  We may be able have the charges against you reduced through a plea bargain, or dismissed.  Contact our criminal defense law office today for a free consultation to discuss your legal options.

Penalties for Possession of Marijuana in Utah

If you are convicted, the following chart shows penalties you could be facing.

If you are a repeat offender, the charge penalties can be increased by one degree or level.

Utah Marijuana Drug Possession Laws

In addition to possessing marijuana ready to be smoked, growing plants is also illegal.  Under the Utah Drug Dealer’s Liability Act, possession of marijuana is defined by the level of offense.  A level 1 offense, is the most serious offense:

Title 58. Occupations and Professions; Chapter 37e. Drug Dealer’s Liability Act
Section 2.58-37e-2. Definitions.

(5) “Level 1 offense” means possession of 16 ounces or more or distribution of four ounces or more of a mixture containing a specified illegal drug or possession of 16 pounds or more or 100 plants or more or distribution of 10 pounds or more of marijuana.

(6) “Level 2 offense” means possession of eight ounces or more, but less than 16 ounces, or distribution of two ounces or more, but less than four ounces, of a mixture containing a specified illegal drug or possession of eight pounds or more or 75 plants or more, but less than 16 pounds or 100 plants, or distribution of more than five pounds, but less than 10 pounds of marijuana.

(7) “Level 3 offense” means possession of four ounces or more, but less than eight ounces, or distribution of one ounce or more, but less than two ounces, of a mixture containing a specified illegal drug or possession of four pounds or more or 50 plants or more, but less than eight pounds or 75 plants, or distribution of more than one pound, but less than five pounds of marijuana.

(8) “Level 4 offense” means possession of 1/4 ounce or more, but less than four ounces, or distribution of less than one ounce of a mixture containing a specified illegal drug or possession of one pound or more or 25 plants or more, but less than four pounds or 50 plants, or distribution of less than one pound of marijuana.

You Deserve the Best Legal Defense From Someone Who Cares About The Outcome of Your Case

We understand that you may think smoking “pot” for your own personal reasons is not a big deal.  But we also know that prosecutors think any illegal drug use is a big deal and take possession of marijuana charges seriously, especially if you are caught growing marijuana, or distributing it.  The prosecutor will work hard to prove your guilt and may push for the maximum sentence possible — we are defense attorneys, and that means we are on your side and will work hard to get you the best possible outcome.

Our criminal defense attorneys are trial lawyers. We have years of experience to our credit and we’re ready to put it to use in your case. We invite you to contact our Salt Lake City law office to schedule a free initial consultation. Call (801) 363-8500 or complete our simple online form to tell us about your case.

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58-37e-2. Definitions.

As used in this chapter:

(1) “Illegal drug” means a drug or controlled substance whose distribution is a violation of state law.

(2) “Illegal drug market” means the support system of illegal drug-related operations, from production to retail sales, through which an illegal drug reaches the user.

(3) “Illegal drug market target community” is the area described in Section 58-37e-7.

(4) “Individual drug user” means the individual whose illegal drug use is the basis of an action brought under this chapter.

(5) “Level 1 offense” means possession of 16 ounces or more or distribution of four ounces or more of a mixture containing a specified illegal drug or possession of 16 pounds or more or 100 plants or more or distribution of 10 pounds or more of marijuana.

(6) “Level 2 offense” means possession of eight ounces or more, but less than 16 ounces, or distribution of two ounces or more, but less than four ounces, of a mixture containing a specified illegal drug or possession of eight pounds or more or 75 plants or more, but less than 16 pounds or 100 plants, or distribution of more than five pounds, but less than 10 pounds of marijuana.

(7) “Level 3 offense” means possession of four ounces or more, but less than eight ounces, or distribution of one ounce or more, but less than two ounces, of a mixture containing a specified illegal drug or possession of four pounds or more or 50 plants or more, but less than eight pounds or 75 plants, or distribution of more than one pound, but less than five pounds of marijuana.

(8) “Level 4 offense” means possession of 1/4 ounce or more, but less than four ounces, or distribution of less than one ounce of a mixture containing a specified illegal drug or possession of one pound or more or 25 plants or more, but less than four pounds or 50 plants, or distribution of less than one pound of marijuana.

(9) “Participate in the illegal drug market” means to distribute, possess with an intent to distribute, commit an act intended to facilitate the marketing or distribution of, or agree to distribute, possess with an intent to distribute, or commit an act intended to facilitate the marketing and distribution of an illegal drug. “Participate in the illegal drug market” does not include the purchase or receipt of an illegal drug for personal use only.

(10) “Period of illegal drug use” means, in relation to the individual drug user, the time of the individual’s first use of an illegal drug to the accrual of the cause of the action. The period of illegal drug use is presumed to commence two years before the cause of action accrues unless the defendant proves otherwise by clear and convincing evidence.

(11) “Person” means an individual, governmental entity, corporation, firm, trust, partnership, or incorporated or unincorporated association, existing under or authorized by the laws of this state, another state, or foreign country.

(12) “Place of illegal drug activity” means, in relation to the individual drug user, each county in which the individual possesses or uses an illegal drug or in which the individual resides, attends school, or is employed during the period of the individual’s illegal drug use, unless the defendant proves otherwise by clear and convincing evidence.

(13) “Place of participation” means, in relation to a defendant in an action brought under this chapter, each county in which the person participates in the illegal drug market or in which the person resides, attends school, or is employed during the period of the person’s participation in the illegal drug market.

(14) “Specified illegal drug” means cocaine, heroin, or methamphetamine and any other controlled substance the distribution of which is a violation of state law.

We understand that America’s legal system is complex and can be intimidating when you are charged with a crime.  We are there with our clients every step of the way, providing the encouragement and sound legal advice they need to make informed decisions affecting the rest of their lives.

Free Consultation a Salt Lake City Criminal Defense Attorney

Our phones are answered 7 days a week, 24 hours a day. You will always be able to speak to a personal injury or criminal defense attorney at our firm in Salt Lake City, Utah when you have a serious need.

Come in with questions and leave with confidence that your case will be handled properly. Contact our office or call 801-363-8500 to schedule a free initial consultation.

Information About Drug Crimes Involving Marijuana

• Penalties for Possession of Marijuana
• Penalties for Sale of Marijuana
• Penalties for Possession of Marijuana Drug Paraphernalia

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Each year drunk drivers cause serious accidents that lead to property damage, catastrophic injuries, and innocent deaths.  Driving under the influence (DUI) is a serious offense and prosecutors in Utah take drunk driving charges seriously.  Criminal penalties for a DUI conviction in Utah can range from six months in jail for a first offense to a felony punishable by five years in prison for multiple offenses.

As the holidays approach, Utah Highway Patrol troopers often step up patrols in order to spot and arrest drunk drivers.  On  the Saturday before Halloween 2011, drunk-driving patrols resulted in 64 arrests, of which 25 were in the Salt Lake City area.  And, if you are suspected of DUI, officers will not let you go with a warning — you will likely be arrested.

Diabetes, Low Blood Sugar, High Blood Sugar and Ketones Can Affect Field Sobriety Tests

Although the symptoms of alcohol intoxication are often obvious to trained law enforcement, some of the field sobriety tests used by officers are not always accurate.  For example, diabetic hypoglycemia (low blood sugar) symptoms are similar to those exhibited by those who have too much to drink:  stumbling, slurring or words, lack of coordination, and incoherent speech.  And, people with diabetes who have hyperglycemia (high blood sugar) produce ketones in their blood that can be smelled on their breath.  Ketones on the breath can be mistaken for alcohol and ketones may also invalidate a breathalyzer test by producing a false reading.

Other conditions can also lead to a false conclusion of driving under the influence of alcohol including people with disabilities having physical problems that make performing a line test (walking a straight line) difficult.  People with mental disabilities may not fully understand what is required and fail to perform the test properly.

The best course of action to avoid being pulled over for suspected drunk driving is to never drink and drive, and, if you have diabetes, to check your blood sugar before getting behind the wheel. But if you have been falsely accused of being drunk, or arrested for DUI based on an improperly administered test, or the reason you failed a field sobriety test was due to a medical condition or physical limitation, contact the criminal defense law offices of Rasmussen and Miner immediately to discuss your case.

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There are four classes of felonies in Utah.  How you are charged determines how you can be sentenced and the penalty you could be facing:

• Conviction for a Capital Felony can result in receiving the death penalty; life in prison with no chance for parole; or 25 years to life in prison.

• If you are convicted of a First Degree Felony crime, you can be sentenced to 5 years to life in prison and a fine of up to $10,000.

• If you are convicted of a Second Degree Felony crime, you can be sentenced to 1 to 15 years in prison and a fine of up to $10,000.

• If you are convicted of a Third Degree Felony crime, you can be sentenced for up to 5 years in prison and a fine of up to $5,000.

Experienced Criminal Defense Trial Lawyers

If You Have Been Charged With A Felony Crime in Utah There Is Hope

If you have been charged with a felony crime in Utah, you are facing serious consequences if convicted.  Prosecutors work hard to prove your guilt even when you have a good defense. An experienced, and aggressive criminal defense attorney may be able to have your charges reduced or dismissed.

Our Utah Criminal Defense Attorneys are experienced trial lawyers.  We know how to investigate all the circumstances of your situation, including whether evidence was obtained illegally, should not be considered, your constitutionally protected rights were denied, and if this is your first offense.

For an aggressive and strong legal defense, contact us today.

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Over one hundred other individuals remain under investigation, and those already arrested face an array of federal child pornography charges and Utah sex crimes charges. The investigations took place in 18 separate Utah counties, with the majority of the arrests in Salt Lake County and Utah County.

One of the greatest challenges facing individuals accused of child porn possession, manufacture or production is the notoriety that can accompany a criminal charge before their cases are heard. The Utah Attorney General’s Office published mug shots of those arrested along with their county of residence, shaming potentially innocent individuals to bring attention to their zealous prosecution.

Utah Child Porn Charges and Federal Internet Sex Crimes

Internet sex crimes sting operations are relatively inexpensive for law enforcement agencies to conduct. Monitoring online activity and posing as fellow criminals or underage individuals can be done by anyone regardless of appearance or location. It can be very easy for a person to get swept up in such a dragnet and charged with online solicitation after taking one wrong turn too many on the Internet.

The nationwide and global nature of the Web means that a child porn investigation can easily lead to federal charges. The federal government, Federal Bureau of Investigation (FBI) and U.S. Attorney’s Office commit a great deal of resources toward child pornography prosecutions, and federal sentencing can result in lengthy prison sentences, even for first-time offenders.

Even a conviction on relatively minor state charges can lead to lifetime of notoriety as a registered sex offender. With so many critical issues at stake, from loss of liberty to destruction of one’s reputation, suspects caught in an Internet child porn sting or under other circumstances need aggressive criminal defense.

Fighting Allegations of Sex Offenses in Utah

Internet crime stings make for big headlines, and the ICAC shared many details with the media about the quantity of images they had seized in Operation Frosty Lime Squeeze and the history of some repeat offenders in the roster of arrested persons. But the same basic rules apply if a person is charged with other sex offenses such as sexual abuse of children, unlawful sexual contact, lewdness, rape or sexual assault: the legal defense strategy must be based on the evidence presented and the defendant’s constitutional rights.

Even if a Utah sex crimes defense attorney cannot get charges dismissed due to unlawfully seized evidence, identification errors, inconsistent witness accounts or other factors, an experienced criminal defense lawyer can make a major difference in the prosecution. Mitigating circumstances and plea agreements can lead to reduced charges or lessen the chance that a crime will be charged in federal court. Especially with the benefit of early intervention, a seasoned Utah trial lawyer can immediately spot gaps in the evidence and weaknesses in the prosecution’s case that can lead to a positive outcome.

In cases involving digital images and seizure of computers, expert assessment of hardware and software is a crucial aspect of the defense strategy. Participation in peer-to-peer (P2P) file sharing networks such as Limewire, Gigatribe and Cabos can lead to criminal complications that an attorney can help you begin to unravel.

As daunting as the aftermath of an arrest may seem to a criminal suspect, every element of the alleged crime must still be proved beyond a reasonable doubt. By enlisting representation from a Utah criminal defense lawyer, you can immediately begin to learn how the legal realities of your case relate to the baseless accusations, misunderstandings or overblown allegations that led you to this predicament.

For a free case evaulation, contact our defense attorneys today.

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58-37a-2. Purpose.

It is the intent of this chapter to discourage the use of narcotics by eliminating paraphernalia designed for processing, ingesting, or otherwise using a controlled substance.

–Enacted by Chapter 76, 1981 General Session

Title 58. Occupations and Professions
Chapter 37a. Utah Drug Paraphernalia Act
Section 3. “Drug paraphernalia” defined.

58-37a-3.   “Drug paraphernalia” defined.

As used in this chapter, “drug paraphernalia” means any equipment, product, or material used, or intended for use, to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, package, repackage, store, contain, conceal, inject, ingest, inhale, or to otherwise introduce a controlled substance into the human body in violation of Title 58, Chapter 37, Utah Controlled Substances Act, and includes, but is not limited to:

(1) kits used, or intended for use, in planting, propagating, cultivating, growing, or harvesting any species of plant which is a controlled substance or from which a controlled substance can be derived;

(2) kits used, or intended for use, in manufacturing, compounding, converting, producing, processing, or preparing a controlled substance;

(3) isomerization devices used, or intended for use, to increase the potency of any species of plant which is a controlled substance;

(4) testing equipment used, or intended for use, to identify or to analyze the strength, effectiveness, or purity of a controlled substance;

(5) scales and balances used, or intended for use, in weighing or measuring a controlled substance;

(6) diluents and adulterants, such as quinine hydrochloride, mannitol, mannited, dextrose and lactose, used, or intended for use to cut a controlled substance;

(7) separation gins and sifters used, or intended for use to remove twigs, seeds, or other impurities from marihuana;

(8) blenders, bowls, containers, spoons and mixing devices used, or intended for use to compound a controlled substance;

(9) capsules, balloons, envelopes, and other containers used, or intended for use to package small quantities of a controlled substance;

(10) containers and other objects used, or intended for use to store or conceal a controlled substance;

(11) hypodermic syringes, needles, and other objects used, or intended for use to parenterally inject a controlled substance into the human body, except as provided in Section 58-37a-5; and

(12) objects used, or intended for use to ingest, inhale, or otherwise introduce a controlled substance into the human body, including but not limited to:

(a) metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;
(b) water pipes;
(c) carburetion tubes and devices;
(d) smoking and carburetion masks;
(e) roach clips: meaning objects used to hold burning material, such as a marihuana cigarette, that has become too small or too short to be held in the hand;
(f) miniature cocaine spoons and cocaine vials;
(g) chamber pipes;
(h) carburetor pipes;
(i) electric pipes;
(j) air-driven pipes;
(k) chillums;
(l) bongs; and
(m) ice pipes or chillers.

–Amended by Chapter 101, 2011 General Session

More About The Utah Drug Paraphernalia Act

• Section 2. Purpose
• Section 3. Definitions
• Section 4.  Considerations in determining whether object is drug paraphernalia
• Section 5. Unlawful Acts

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