Salt Lake City Possession of Drug Paraphernalia Attorney
Utah Possession of Drug Paraphernalia Basics
In order to convict a person of possession of drug paraphernalia in Utah, prosecuting attorneys must prove three things: First, they must prove that the item found is drug paraphernalia. Second, they must prove that the defendant was in actual possession of the drug paraphernalia. Third, they must prove that the defendant knew that he or she was in possession of drug paraphernalia. All three of these elements must be proven beyond a reasonable doubt in order for the defendant to be found guilty.
“Drug paraphernalia” is the term Utah law uses to describe any item used for or intended to be used in connection with a controlled substance or used for making a controlled substance. Examples of the kinds of items that courts have considered to be drug paraphernalia are roach clips, rolling papers, hypodermic needles, pipes, scales, balances, balloons, envelopes, chemicals used to cut drugs like cocaine, items such as lamps used to grow marijuana, and kits used to manufacture methamphetamine. In deciding whether an item is drug paraphernalia, courts will often look at whether the item was found near illegal drugs. For example, plastic baggies found near an illegal drug would probably be considered drug paraphernalia, where plastic baggies found in a location where there was no other sign of drug activity would most likely not be considered drug paraphernalia.
If drug paraphernalia is found on a person’s body, such as in a pocket, or in a person’s property, such as in a car or a purse, Utah law considers whether that person had actual possession of the item. If the drug paraphernalia is found close to the person, such as on the ground at his or her feet, the prosecution must prove that the person was in control of the item. This can be a complicated issue. A good drug paraphernalia defense lawyer can show the court that there is reasonable doubt whether the defendant had actual possession of the item.
Finally, Utah law requires that the defendant knows that he or she was in possession of the drug paraphernalia. A person is not guilty of possession of drug paraphernalia if the item was planted on them or in their belongings.
Possession of Drug Paraphernalia Penalties
Possession of drug paraphernalia in Utah is often charged in conjunction with other drug related crimes. Possession of drug paraphernalia by itself is punishable by up to six months in jail and a fine of up to $1000.
Drug Paraphernalia Possession Lawyers at Intermountain Legal
Intermountain Legal has experienced Drug Paraphernalia Possession attorneys who have handled thousands of Drug Paraphernalia Possession cases in Salt Lake City and all of Northern Utah. When we take a Drug Paraphernalia Possession case, our Drug Paraphernalia Possession attorneys immediately gather the evidence against you to determine the strength of your case. If you have a strong defense, we have the Drug Paraphernalia Possession trial experience to win your case at trial. A good Drug Paraphernalia Possession Attorney will analyze your case and required the prosecution to prove each element of the charge.
If the case is solid against you, we will negotiate to minimize the consequences and find the best solution for you. Because we have experience on the other side, we know what judges and prosecutors are looking for, and we will help you make the best decisions every step of the way.
Utah Criminal Defense Attorney Contact
To contact our Drug Paraphernalia Possession lawyers for a free consultation, call (801) 590-4774 or fill out our quick Drug Paraphernalia Defense lawyer contact form. To learn more about our Drug Paraphernalia Possession attorneys, follow this link: Intermountain Legal DUI attorneys.
