Drug Crimes

Salt Lake City Drug Crime Attorneys

Experienced Representation Against Drug Crime Charges in Utah

If you have been charged with a crime involving drugs, you deserve aggressive representation and an honest assessment of your case. That is exactly what you will get from the attorneys at Lokken & Putnam, P.C. Depending on the specific charge, convictions carry harsh penalties. Our goal is to find a favorable outcome and to minimize the consequences in your case.

Our team is committed to educating you about the charges you face and what options are available in your defense. The criminal justice system is complicated – we are here to walk you through the process, explain what is going to happen, and help you every step of the way.

Get started on your case today by calling (801) 829-9783. We serve clients in Salt Lake City, Cottonwood Heights, and throughout Utah. Contact us now!

Types of Drug Offenses in Utah

The police do not take drug crimes lightly — and neither do we. We are ready to protect your rights and to advocate for your future. Our Salt Lake City drug crime attorneys have experience handling both state and federal drug cases in Utah.

Our lawyers represent clients in drug-related cases involving:

Drug possession
Drug paraphernalia
Possession with intent to distribute
Drug distribution
Drug manufacturing

Defenses Against Drug Charges in Utah

When facing drug charges in Utah, it’s important to understand the common defenses that can be used to challenge the prosecution's case. Some of these include:

Illegal Search and Seizure: If the police conducted an illegal search or seizure of your property, the evidence they found may be inadmissible in court. For example, if the police did not have a warrant or probable cause, an attorney can challenge the legality of their actions.
Lack of Intent to Distribute: In cases where you are charged with possession with intent to distribute, the prosecution must prove that you intended to sell or distribute the drugs. If there is insufficient evidence of intent, your attorney can argue that the drugs were simply for personal use.
Mistaken Identity: Sometimes, individuals are falsely accused or mistaken for someone else. An attorney can work to prove that you were not involved in the crime or were misidentified during the investigation.
Lack of Knowledge: If you didn’t know about the drugs in your possession, this can be used as a defense. For instance, if drugs were found in your vehicle and you were unaware of them, your attorney can argue that you did not knowingly possess the illegal substances.

An experienced attorney will assess all the evidence and find the best defense strategies for your specific situation. They can also challenge evidence, negotiate plea deals, and seek alternative sentencing options, such as rehabilitation programs instead of jail time.

Penalties for Drug Crimes in Utah

The penalties for drug crimes in Utah can vary significantly based on the nature of the offense. These penalties may include:

Fines: You may face hefty fines that can range from a few hundred dollars to tens of thousands, depending on the offense.
Jail Time: Drug convictions can lead to substantial jail time. Felony charges can result in years behind bars, while misdemeanor charges may lead to shorter sentences.
Probation: Instead of jail time, a judge may impose probation, where you will be required to meet certain conditions, such as regular check-ins with a probation officer and refraining from drug use.
Mandatory Rehabilitation Programs: For those convicted of drug crimes, the court may mandate participation in drug rehabilitation programs as part of the sentence.

The severity of penalties depends on various factors, such as the type of drug, the amount in your possession, and whether you were charged with possession, trafficking, or manufacturing. More serious offenses involving large quantities or distribution often lead to harsher penalties.

Federal Drug Charges vs. State Drug Charges

In Utah, drug offenses can be prosecuted at both the state and federal levels. The main differences between federal and state drug charges include:

Jurisdiction: State drug charges are handled by Utah's local courts, while federal drug charges are prosecuted by federal authorities, such as the Drug Enforcement Administration (DEA). Federal charges often carry more severe penalties.
Penalties: Federal drug charges, especially those involving trafficking or manufacturing drugs, can result in longer prison sentences and higher fines compared to state charges. Federal law also has mandatory minimum sentences for certain drug offenses, which can limit the judge’s discretion.
Crossing State Lines: If the drug offense involves transporting drugs across state lines, it can lead to federal charges. For example, moving drugs from Utah to another state could result in federal charges of trafficking, which carry harsher penalties than state-level possession or distribution charges.

Understanding the difference between federal and state charges is crucial because the penalties and legal strategies involved in your defense will vary. An experienced attorney can help navigate the complexities of both systems and work toward the best possible outcome in your case.

Facing drug charges? Contact us today at (801) 829-9783 for trusted legal representation and a strong defense.

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Understanding Utah's Drug Possession Laws

Some states have additional categories for specific drugs such as marijuana because the laws are constantly changing. For example, in the case of marijuana, it is legalized in some states for medical or even recreational use, however, it is still considered illegal under federal law. In general, it is essential to know the drug laws in your state.

Note that drug possession includes having drug paraphernalia like syringes, crack pipes, or bongs. If you have any items like this in your car or in plain sight, you may get arrested for possession. Interestingly enough, a newly purchased pipe may not be considered paraphernalia because it does not have drug residue on it.
Laws concerning possession of drugs usually fall into one of these categories:
- Simple possession
- Possession with intent to distribute
Simple possession meaning that the drugs were intended for your own, personal use. The intent to distribute typically has harsher penalties than simple possession.

Marijuana Charges in Utah

Since the legalization of recreational marijuana in Colorado and Nevada, we have noticed a rise in people bringing their legally purchased marijuana into Utah. Moving controlled substances across state lines is a crime and may lead to federal charges in some instances. In addition to criminal charges, you can face collateral consequences that include the loss of your driver's license.

Frequently Asked Questions (FAQs)

What should I do if I’m arrested for a drug offense in Utah?

If you’re arrested for a drug offense, it’s important to remain calm and assert your right to remain silent until you can speak with an attorney. Do not consent to searches, and do not make any statements without legal representation. An experienced drug crime attorney can help protect your rights and guide you through the legal process.

Can I get a drug conviction expunged from my record in Utah?

In Utah, it may be possible to have a drug conviction expunged, but it depends on the specific offense and whether you meet certain eligibility requirements. A successful expungement can remove the conviction from your criminal record, allowing you to move forward without the stigma of a criminal charge. Speak with a lawyer to determine if this option is available in your case.

What are the possible defenses for drug trafficking charges in Utah?

Common defenses for drug trafficking charges in Utah include:

Lack of knowledge about the drugs in your possession
Insufficient evidence to prove intent to distribute
Evidence obtained illegally, such as through an unlawful search or seizure
Mistaken identity or wrongful arrest

An experienced attorney can analyze the details of your case to build a strong defense strategy.

What are the consequences of a first-time drug offense in Utah?

First-time drug offenses in Utah can result in varying penalties depending on the drug type and quantity. Possession of a small amount of drugs may lead to fines, probation, or mandatory drug treatment programs. However, more serious offenses, like drug trafficking or manufacturing, can result in longer prison sentences, even for first-time offenders. It's crucial to work with an attorney who can help minimize the consequences.

How can a drug crime attorney help me in my case?

A skilled drug crime attorney can offer several benefits, such as:

Reviewing evidence and identifying weaknesses in the prosecution's case
Negotiating plea deals to reduce penalties
Challenging illegal searches or wrongful arrests
Advising on potential defenses and guiding you through the legal process

By hiring an attorney, you give yourself the best chance for a favorable outcome in your case.

Can I face both state and federal charges for the same drug offense in Utah?

Yes, it is possible to face both state and federal charges for the same drug offense, especially if the crime involves interstate trafficking or violations of federal drug laws. In some cases, federal authorities may step in if the offense involves large quantities of drugs or crosses state lines. An attorney experienced in both state and federal law can help navigate these complex cases.

Don't face drug crime charges alone. Contact us at (801) 829-9783 to discuss your case with an experienced attorney today!