drugs Archives - Utah Criminal Defense Attorneys

Operating a boat in Utah under the influence

info@utahwebdesignpros.com — Tue, 18 Feb 2020 20:23:32 +0000

Many states have separate statues that address the laws and punishments for operating either a boat or an off-road vehicle while under the influence of drugs and alcohol. These crimes are often referred to as a BUI as opposed to the more commonly known DUI charge. Utah does not have separate BUI laws in the books. Instead, boating and off-roading violations are handled under Utah’s DUI legislation. As many of us are aware, Utah has a reputation for aggressively prosecuting criminal offenses that deal with substances and operating motor vehicles. This means that a person can face serious legal consequences in seemingly “harmless” situations such as operating a boat while having a few too many beers with your friends.

A motorboat does count as a vehicle in Utah.

Do not make the mistake of thinking that just because you are not on the road that you won’t face potential DUI charges. Utah has structured its definitions so that virtually any machine that has an engine can be classified as a vehicle. (Even though this article discusses boating, we want to point out that it is possible to be charged with a DUI while operating a bicycle.) Back in the world of water sports, Utah’s DUI laws encompass the entire state, not just official roads. This means that you can be charged with a DUI for operating a boat out on the lake or driving an ATV down a popular approved trail.

It is equally important to remember that it doesn’t have to be just a police officer that can make an arrest or charge someone with a DUI or BUI while boating. Utah Division of Wildlife resource officers and park rangers are also permitted to make arrests and criminal charges based on public safety. If they see someone operating a boat in an unsafe manner, they usually have probable cause to “pull” the boat over and evaluate the situation. In many circumstances, things like slurred speech, red and watery eyes, and the odor or sight of alcohol result in criminal charges. Even the first offense can come with relatively hefty charges, normally classified as a Class B Misdemeanor. These penalties can increase based on the frequency of the infractions. Don’t let a BUI or operating a boat while intoxicated have a massive impact on your life. Contact our law office today if you have been charged in Utah and would like to speak with a legal professional today.

Can I take edibles I bought out of state back to Utah?

info@utahwebdesignpros.com — Thu, 05 Dec 2019 02:34:56 +0000

The simple answer is no. But if you question the legality of marijuana in Utah, that doesn’t mean that it is a silly question to ask. Right now is a semi-difficult time for advocates of medical marijuana and user of the substance recreationally. The laws, regulations, and general view of the matter by the public are rapidly changing. The beehive state is in a unique position because lawmakers have always had a strong stance against marijuana. In contrast, our neighboring states have legalized marijuana for recreational use. Because you can drive just a few hours from Salt Lake City to areas where it has now been legalized, some may still be confused.

It is illegal to bring edibles back to Utah.

It is essential to understand that if you travel to places like Colorado or Las Vegas, you need to eat or dispose of your edibles before heading back home to Utah. Here is a quick breakdown of the current charges associated with weed.

Code Section Utah Code 58-37, et. seq.: Utah Controlled Substances Act

Possession Under 1 oz.: Class B misdemeanor;

1-16 oz. not yet extracted from plant: Class A misdemeanor;

Over 1 lb.-100 lbs.: 3rd-degree felony;

Over 100 lbs.: 2nd-degree felony;

Subsequent offense: one degree greater penalty than provided for

Sale 3rd-degree felony;

Subsequent offense: 2nd-degree felony;

Within 1000 ft. of school or sale to a minor: one degree more than provided except 1st-degree felony is 5 yrs. mandatory

While certain state marijuana laws can regulate the use of pot within the state, possession, sale, and trafficking remain illegal under federal law. Another way of looking at this is to realize that federal agents may leave recreational use up to state officials; federal law will always surpass state law. So please don’t get confused and falsely believe that you can legally bring weed or edibles back to Utah just because you visited a place where the purchase was made legally. It is also important to note that Utah is a controlled substance state, so while we are talking about the legality of bringing pot back to Utah, it is also illegal to bring alcohol back into the state obtained elsewhere. If you have been charged with a drug offense, we recommend calling Utah Criminal Defense Attorneys at 801-987-8409 to speak with a legal professional.

Questions that will come up during your drug possession case review

info@utahwebdesignpros.com — Thu, 25 Jul 2019 16:55:28 +0000

Possession of illegal drugs or paraphernalia is one of the most common criminal charges that our law firm handles. In many cases, people have been charged with this crime while they were driving their car. Police will pull over a vehicle for various reasons, and an arrest may be made depending on what the officer finds. Being charged with a drug possession crime is a serious offense and should be confronted head-on. It is highly advised that you or a loved one is facing a drug-related crime that you speak with the best criminal defense attorney possible. Below is a list of concerns and questions that should normally be covered in your case review consultation.

Why did police pull your car over?

When an officer pulls you over, there usually needs to be probable cause. This is especially true if they are going to perform a sobriety test or search your vehicle. Experienced lawyers will ask this question to help establish if police had an adequate reason to pull you over in the first place. Causes can include traffic violations such as speeding, swerving, or running a stop sign or red light. They can also include your vehicle’s problems, such as out of date registration tags or a broken taillight. In some cases, your attorney may file a motion to suppress evidence because the arresting police officer did not have enough probable cause to pull you over.

What are the reasons your car was searched?

The purpose of this question is to establish all the things that happened before the arrest. Like many states, Utah does not require an officer to obtain a warrant to search your vehicle. Instead, the officer will need probable cause to search your car for things like an illegal firearm or contraband. A possible defense can be made if you and your attorney determine that the police officer did not have probable cause to search your vehicle.

What questions did the officers ask you?

It is important to be honest with your defense attorney during all aspects of your consultation. Even if the answers are embarrassing, it is better to be ashamed than have your attorney go to court with misinformation. Officers will usually ask questions like, “whose drugs are these?” They may also ask, “how did these narcotics get in your vehicle?” Remember, there is a difference between actual possession and constructive possession. Actual possession usually refers to when drugs are found on your actual person, such as in your pocket. Constructive possession is usually applied when the contraband was found in your property that is in your control. For example, in your actual vehicle, in the glove box or under the seat.

Speak with a drug possession defense attorney

Although it is best not to be hostile during the arrest, it is not in your best interest to speak to the police and potentially incriminate yourself. Remember that you have a right to have an attorney present during all questioning as soon as you are arrested. Even though drug possession charges are relatively standard, they should not be taken lightly. If you have been arrested in Utah, contact The Ault Firm today at 801-987-8409 to speak with a legal professional and schedule a case review.

What if you are caught with another’s prescription drugs?

info@utahwebdesignpros.com — Mon, 13 May 2019 16:16:07 +0000

Medication possession charges commonly lug rigid fines. In Utah, the penalty for medicine’s belongings depends on the type and quantity of the medication located on an individual and the people’s past criminal background.
Potential costs connecting to the property of prescription-only medication in Utah
Unlawful ownership of a prescription-only medication
Individuals might be convicted of illegal belongings of a prescription-only medicine when they purposefully possess prescription-only drugs belonging to one more person, including friends and family participants. To be convicted of illegal medicine possession, the state should verify that the charged intentionally possessed the medication, which the accused recognized that the drug was a prescription-only medication.
The fines for possessing a prescription-only medication are relatively moderate compared to other drug costs. Illegally having a prescription-only drug is a violation and also lugs with it a sentence up to 6 months behind bars, potentially up to $4,575 in penalties and even fines, and also three years on probation.
Ownership or use a hazardous drug.
” Harmful medicines” are defined as any numbing besides marijuana and also consist of particular prescription medications, such as Oxycontin, Percocet, Vicodin, and also benzodiazepines. Although the criminal offense components are similar to the illegal prescription-only drugs, property or use of a harmful drug brings with it a far more rigid charge. This criminal offense is a case four felony and is punishable by up to fifteen years behind bars, depending on the accused’s prior criminal history.
Judges have the authority to sentence accused convicted of harmful drug possession as a course one misdemeanor. Better, under Proposal 200, defendants that are initial or second-time medication transgressors can just be punished to probation, in addition to medication therapy, community service as well as penalties. Although offenders might be sentenced for short jail stays for approximately two weeks for probation infractions, the court must renew probation upon the conclusion of jail time.
Medicine trafficking: Possession of Medicines for Sale/Transportation of Medications for Sale
Belongings and the transport of drugs for sale are among the most severe medicine fees and are course two felonies. Defendants that are caught marketing prescription medicines might be charged with belongings or transport of drugs to buy. Defendants who are found to have a specific quantity of prescription medications will undoubtedly be assumed to have been selling the medicines.
Defendants convicted of drug trafficking charges are not eligible for parole. They may be punished to approximately 12.5 years in prison for initial transgressors and approximately 35 years behind bars for repeat culprits. Novice culprits who remained in possession of amounts of the medication below the limit of presumption of sale are eligible for a 240-day parole sentence. All other transgressors should serve jail time for medicine trafficking.
Defenses Versus Charged with One more Individual’s Prescription Medicine
Wrongdoer defense attorneys assault prescription medicine costs by showing that 1) the defendant did not knowingly possess the prescription drug; 2) the drug located on the accused was not a prescription medication, as well as 3) raising various constitutional violations.
Issues connecting to belongings
To obtain a conviction on a prescription medication associated offense, the prosecution has to prove both that the offender knew she or he remained in the ownership of the prescription drug, which the medication located on the accused remained, in fact, a prescription medicine. One of the most straightforward methods for the prosecution to confirm the offender understood the medication is to verify that the defendant had real possession of the drug, implying the prescription medication was located on the defendant’s person.
One more means the prosecution can show that the offender understood the prescription medications if the offender had useful possession of the prescription medicines, indicating that the drugs were located in places that remained in the offender’s control, such as in the accused’s cars and truck or house. However, it is a lot easier for a defense attorney to strike the prosecution’s opinion that the offender knew the prescription medicines in situations including useful possession, considering that the prosecution must confirm that an additional person did not position the medication in the defendant’s home or automobile.
Problems relating to verifying the drug is a prescription medicine.
The prosecution commonly requires to offer evidence of testing of the medicine found in the defendant’s possession, validating the medicine was, in truth, a prescription medicine. To complete this, the prosecution has to establish an unbroken chain of custody from the moment the drug was seized from the offender to the time the medicine was tested. Additionally, the treatments the laboratory-made used to check the medicines will likewise likely come under examination throughout the defense attorney’s interrogation.
Constitutional challenges
A defense attorney may elevate a selection of constitutional infractions in protection against prescription medication and trafficking charges. These might include concerns such as
Miranda civil liberties infractions:
These attacks were associated with the incorrect recitation of the defendant’s Miranda rights.
Spontaneous admissions:
Suppose cops push an accused into admitting to the commission of a criminal offense forcibly, scare tactics, hoax, or various other ways, after that. In that case, the offender’s 5th Change right versus self-incrimination might have been violated.
Illegal searches, as well as seizures:
Suppose authorities lack likely to browse an offender’s home, cars, truck, or individual. In that case, all of the proof obtained from that search might be tossed out, potentially making prosecution of the accused impossible or too challenging.
Rejection of right of advice:
If authorities refuse the accused access to counsel upon request before questioning or stop working to recommend the defendant of the right to advise, any info obtained from the offender throughout the inquiry might be excluded from proof.
Theoretical Prescription Medication Charge Situations
Hypothetical # 1:
The policeman observes signs the defendant is under the influence and fairly suspects the offender may have prohibited prescription medicines. The offender is charged with Sale and Transport of Drugs for Sale. The offender suggests that she had no expertise in the trunk’s drugs and that a person else put them there.
Hypothetical #2:
A defendant has obtained a huge quantity of drugs and is saving them in his home. One evening, a law enforcement officer knocks on the door and demands to search the accused’s residence. The offender refuses to allow the officer to search his house. However, the police officer has no warrant proceeds to browse the house anyway and discovers the drugs. The offender is billed with Belongings of Unsafe Medicines offer for sale. The offender suggests that the search was unlawful and submits a motion in limine to exclude every evidence found by the officer. Locating that the policeman had no likely reason or warrant to look at the defendant’s residence, the court gives the accused’s movement, and also the costs against him are dismissed.
Even more, under Proposal 200, defendants that are first or second-time medication wrongdoers can just be sentenced to probation, in addition to medical therapy, community service, and also fines. Defendants that are captured offering prescription medicines might be charged with possession or transportation of drugs for sales. Offenders discovered to have a specific amount of prescription drugs will be assumed to have been offering the drugs.
The prosecution commonly needs to supply proof of testing of the medication located in the offender’s possession verifying the drug was, in truth, a prescription drug. The prosecution has to establish an unbroken chain of custodianship when the medication was confiscated from the defendant to the time the medicine was evaluated.