Salt Lake City Drug Crime Lawyer

Salt Lake City Drug Crime Attorney

Have you been charged with a drug-related crime? Getting the right Salt Lake City drug crime lawyer fast is very important. Understanding all the facts and the evidence in your case is critical to lowering the impact on your life and building the optimal defense. 

At Blackley & Wingad, our drug crime defense attorneys will present all the options available to you and stand by your side from start to finish. We understand the severity of drug crime offenses and can aggressively advocate for you and your unique situation.

Whether you’re facing charges for possession, distribution, or trafficking, our team knows Utah and Colorado drug laws and how to fight back.

Why Hire a Drug Crime Lawyer?

From 2013 to 2022, Downtown SLC saw 68.5 drug-related deaths per 100,000 residents. Fentanyl accounted for 33% of those deaths. For comparison, in 2022, the age-related drug poisoning death rate was 19.5 per 100,000 across Utah. This captures only a small part of the picture, as most people who use, transport, or manufacture drugs do not overdose.

If you’re one of the many Salt Lake City residents who has been caught with controlled substances, it doesn’t matter whether you are facing simple possession, possession with intent to distribute, or a more serious charge. You need to hire a drug crime lawyer right away. 

Your Salt Lake City drug crime attorney can help you with everything from analyzing the prosecution’s case to coming up with an effective defense and representing you in court. Having a skilled attorney on your team is the most effective way to improve your chances of a successful outcome in your case.

How Utah Drug Crimes Are Charged

Most drug charges in Utah arise from the state’s Controlled Substances Act. This piece of legislation categorizes drugs according to the amount of harm they cause and whether there are known medical uses for them. Schedules range from I to V, with Schedule I drugs being the most serious and Schedule V the least.

Examples of Schedule I drugs include substances such as fentanyl and a wide range of hallucinogenic compounds. Schedule II drugs include opium and cocaine. Schedule III drugs include ketamine and phenobarbital. Schedule IV drugs include anti-anxiolytics like clonazepam and diazepam. Schedule V drugs include those containing limited quantities of narcotics and drugs prepared with components of marijuana.

The Controlled Substances Act also defines a variety of types of drug crimes. They include:

Driving With a Measurable Amount of a Controlled Substance

Driving with a measurable amount of a controlled substance involves having certain illegal or controlled drug substances in a person’s system while operating or being in actual physical control of a vehicle.

Impaired Driving

Impaired driving is when someone has consumed alcohol or drugs and operates a motor vehicle to the point that they are unable to drive safely.

Manufacture of Drugs

Manufacture of drugs is the process of making, producing, compounding, converting, processing, or preparing any controlled substance.

Cultivation/Growing Drugs

Cultivation/growing drugs involves growing or cultivating plants that are used to produce illegal substances.

Possession of drugs

Possession of drugs is when an individual uses or possesses certain illegal or controlled substances without a valid prescription.

Possession of Drug Paraphernalia

Possession of drug paraphernalia involves having equipment used for the production, use, storage, or administration of drugs.

Distribution of a Controlled Substance

Selling, transferring or giving away illegal drugs is a serious offense. If you’ve been charged, you need a strong defense from a trusted drug crime defense attorney in Salt Lake City.

Possession With Intent to Distribute a Controlled Substance

Possession with intent to distribute a controlled substance occurs when someone possesses a controlled substance in such a way that indicates it is being possessed with the intent to distribute it.

Clandestine Laboratory for the Manufacture of a Controlled Substance

A clandestine laboratory for the manufacture of a controlled substance is where an individual manufactures controlled substances in an illegal manner and location.

State Versus Federal Drug Crime Charges

In most cases, drug crimes are charged at the state level. However, some serious drug crimes and those that involve transporting controlled substances across state borders can be tried in federal court. Examples of federal drug crimes include:

• Possessing large quantities of drugs
• Drug crimes on federal law and/or national parks
• Participating in a trafficking organization
• Any case that involves firearms
• Any case that involves interstate activity

It is just as important, if not more important, to hire a Salt Lake City drug crime lawyer with extensive trial experience if you’re facing federal charges. You want to work with a lawyer who knows the system in and out and has a history of successfully defending similar clients in the past.

Drug Crime Penalties

Drug crimes are charged as felonies or misdemeanors according to the type of crime committed, how much of a controlled substance was found in your possession, and your prior criminal history. These are the maximum penalties that apply for each category of crime:

• Class B misdemeanor. You could be sentenced to up to six months in jail and $1,000 in fines.
• Class A misdemeanor. You could face up to one year in jail and $2,500 in fines.
• Third-degree felony. You could go to prison for up to five years and pay up to $5,000 in fines.
• Second-degree felony. You could face one to 15 years in prison and $10,000 in fines.
• First-degree felony. You could be sentenced to five years to life in prison and $10,000 in fines.

There may also be other consequences for a drug crime conviction. You may lose your license for a time. If you’re convicted of a felony, you’ll also lose some of your rights as a US citizen, including the right to bear arms. 

In addition to these official penalties, you could also face collateral consequences such as difficulty with:

• Renting an apartment
• Obtaining a home loan
• Obtaining a student loan
• Finding new employment
• Child custody orders
• Obtaining or maintaining professional licenses

The most important distinction between drug crimes regarding how they are penalized is whether you’re convicted of simple possession or a more serious crime, such as distribution.

Simple Possession in Utah

Utah differentiates between Schedule I and II drugs and all other controlled substances for the purposes of defining simple possession charges. Possession of a Schedule I or Schedule II drug for personal use is a Class A misdemeanor. If you receive the same conviction more than two times, it becomes a felony. Possession of another controlled substance, including marijuana, is a Class B misdemeanor unless you have had multiple convictions.

There is a special provision made for extremely large quantities of marijuana. If you’re caught with a small amount of marijuana, you will likely be charged with a Class B misdemeanor. If you’re caught with more than 100 pounds of marijuana, you’ll face a second-degree felony charge.

Manufacturing, Distribution, and Possession With Intent

These more serious crimes are penalized as:

• Second-degree felonies if you’re caught with Schedule I or II drugs and have no prior convictions
• Third-degree felonies if you’re caught with Schedule III or IV drugs, or marijuana, and have no prior convictions
• Class A misdemeanors if you’re caught with Schedule V drugs and have no prior convictions

What Makes a Utah Drug Case More Serious

There are several factors that can increase your Utah drug crime from a misdemeanor to a felony, or convert your charges from lower to higher felony charges. The first is location-based. Your penalty could be enhanced if you’re caught in possession of drugs in or within 100 feet of:

• A school, childcare facility, or preschool
• A park or recreation center
• A library
• A church or another house of worship

Your sentence will also be increased if you’re caught in possession of drugs in the presence of someone under the age of 18.

If you’re caught with drugs in or around a correctional facility with the intent of transporting those controlled substances onto the grounds to an inmate, you’ll also face more significant penalties. The courts can increase your charges by one degree of severity, adding consecutive time to your sentence.

Firearms involvement can also increase your sentencing. The court can impose a further indeterminate prison sentence for anyone convicted of a first- or second-degree felony if that person used or exhibited a dangerous weapon, including a firearm, or had one readily available for immediate use.

Understanding Utah Drug Courts

Utah has drug courts designed to break the cycle of drugs, crime, and incarceration. These courts link supervision and treatment, offering offenders the chance to avoid more substantial jail or prison time in return for agreeing to attend a drug treatment program under the supervision of the drug court. These programs involve collaboration among many different organizations, including:

• Courts
• Prosecutors
• Defense attorneys
• Law enforcement
• Treatment providers
• Case managers
• Social service agencies
• Treatment organizations

Where Are Drug Crimes Tried in Salt Lake City?

Where drug crimes are tried in Salt Lake City varies depending on the level of charges you’re facing. Not everyone is eligible for drug court. Here’s what to expect if you’re not:

• Federal charges. For major drug trafficking cases, you’ll be tried in federal court at the Orrin G. Hatch United States District Courthouse.
• State charges. The Third District Court (at Matheson and West Jordan Courthouses) handles felony and serious misdemeanor drug cases.

You should look for a Salt Lake City drug crime attorney with experience in the specific venue you’ll be tried in.

What to Expect at Your Trial

The exact process your case will follow will vary depending on what type of crime you’re facing. There are additional preliminary steps for felonies and Class A misdemeanors, not present for Class B and C misdemeanors. However, most of the process will be the same regardless of what type of crime you’ve been accused of committing. Here’s what you can expect:

• First appearance. If you’re facing felony or Class A misdemeanor charges, your first step will be a first appearance, where the judge tells you about your charges and your rights. This is also when the judge decides on bail.
• Preliminary hearing. If you’re going to trial for a felony or Class A misdemeanor, the next step will be a preliminary hearing. You are allowed to waive this hearing if you want to. If you go forward with the hearing, a judge will evaluate whether there is sufficient probable cause that a crime was committed and that you were the one who committed it. Only the prosecutor is required to present evidence at this hearing.
• Arraignment. This is a step that’s is required for all criminal charges. You’ll attend an arraignment whether you’re facing felony or misdemeanor charges. This is when you will enter a plea of not guilty, guilty, or no contest. If you plead not guilty, the court will schedule dates for your trial.
• Pre-trial motions. Your lawyer and the prosecutor will both have the chance to file motions with the court before trial. These motions are formal requests to the judge to issue a ruling. They’re often regarding whether evidence should be allowed in court, or the sharing of evidence between the two sides. Motions must be filed in writing according to specific deadlines set by the court and procedural rules.
• Pretrial conference. You may have a pretrial conference. During this meeting, your lawyer and the prosecutor may attempt to settle your case. You can choose to negotiate and take a settlement agreement or continue going to court.
• Plea bargaining. The judge does not participate in plea bargaining. Your lawyer and the prosecutor will negotiate terms to come up with an agreement that allows you to plead guilty in return for a benefit to you, like a more lenient sentencing or reduced charges.
• Trial. Every trial is a little different. Some are quick, simple, and involve very little evidence. Others are much more complex, requiring the introduction of substantial evidence or the use of expert witnesses. All trials follow the same basic timeline: opening statements, evidence presentation, questioning witnesses, and closing arguments. Finally, the judge issues jury instructions, and the jury deliberates to make a decision about the case.
• Sentencing. If you’re found guilty, there will be another step. You’ll be sentenced within two and 45 days following your conviction or guilty plea. You can request earlier sentencing, as early as the same day, or you can request a delay of up to 45 days to prepare.
• Appeal. In Utah, you can appeal a final judgment to a higher court. This process requires filing a formal Notice of Appeal, with some cases having stricter deadlines. Consult your attorney to determine specific appellate rights and procedural requirements.

If all of these steps feel overwhelming, don’t worry. Your Salt Lake City drug crime attorney can be there for you every step of the way to offer advice, guidance, and representation.

Effective Defenses Against Drug Crime Charges

Your lawyer can take a number of approaches in fighting your charges. Some tactics involve challenging evidence or pointing out procedural errors. Others involve proving your actual innocence. Depending on the circumstances, one of these common legal defense strategies may apply:

• Unlawful search. If law enforcement violated your Fourth Amendment rights by committing an unlawful search and seizure, you may be able to get any evidence obtained thrown out, potentially leading to a dismissal.
• Someone else’s drugs. Since many drug crime cases are based on constructive possession charges, your attorney may be able to argue that you didn’t know about the drugs. This is a difficult defense strategy to implement.
• Chain of custody issues. The police are supposed to secure all drugs in an evidence room or locker until your trial, when they can be presented as evidence. If your lawyer can show that the drugs presented were not the same ones taken from you, this attack on the chain of custody can get key evidence thrown out.
• Entrapment. If you were convinced illegally by law enforcement officers to sell drugs when you otherwise would not have done so, that’s considered entrapment. Your lawyer may be able to argue the point in court.

Your Salt Lake City Drug Crime Lawyer

If you’re looking for an experienced Salt Lake City drug crime lawyer to take on a tough case, look no further than Blackley & Wingad. Our team is known for our aggressive representation of clients and our commitment to obtaining positive results at trial. Whether you’re facing simple possession or federal drug trafficking charges, we can help with your drug crime case. Contact us to schedule an initial consultation today.