Salt Lake City Drug Possession Lawyer

Top Rated Drug Possession Attorney in Salt Lake City, UT

Finding yourself arrested for drug possession can be overwhelming. Whether you’ve been charged with marijuana possession in Cottonwood Heights or drug paraphernalia has been found in your home in Wasatch Hollow, you need a strong legal defense. The state does not treat these charges lightly, and you need to hire a Salt Lake City drug possession lawyer who takes your defense just as seriously. At Blackley & Wingad, we can protect your rights.

Blackley & Wingad: Trusted Defense Law Firm

At Blackley & Wingad, we have decades of experience advocating for men and women throughout Utah who face a number of criminal charges, including those related to drug crimes. No matter the case and no matter the charges, we can listen to your side of the story and bring a level of legal excellence and passion to your defense that you won’t be able to find anywhere else. Over the years, we have handled hundreds of cases.

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Understanding Drug Possession Charges in SLC

While drug offenses across the country decreased by 3% in 2024, one person is still arrested for drug crimes every 40 seconds, and 870,874 Americans were arrested for drug charges in 2023 alone—763,756 for possession of any kind of drug.

Drug possession charges are serious and can have long-lasting impacts on your daily life. Whether you are dealing with a misdemeanor or felony drug charge, you must hire a criminal defense lawyer who can prepare and provide a strong and stalwart defense. At Blackley & Wingad, our lawyers have experience protecting clients who are facing the following kinds of drug possession charges:

• Possession of a controlled substance. The kind of drug possession charge you face will be directly impacted by the kind of drug found in your possession and the amount involved in your case. However, even if you are allegedly found with a small amount in your possession, you could still face serious legal penalties and collateral consequences. Furthermore, possession can be broken down into the following two charges:
  
  • Actual possession. In these cases, the drugs allegedly found in your possession were found on your person, like in your jeans pocket or in your purse. To secure a conviction, the prosecution will need to prove that you had direct physical control over the involved substances.
    
  • Constructive possession. In these situations, the drugs may have allegedly been found in your home, vehicle, or shared space. Prosecutors involved in these cases need to prove that you knew about the drugs and the inherent ability to be in control of them.
    
• Intent to distribute. In certain drug possession cases, if you are found in alleged possession of a large amount of controlled substances, then you could be charged with the intent to distribute. In these situations, you must seek an attorney right away who can begin to pick apart and dismantle the prosecution’s case against you.
  
• Paraphernalia charges. If any kind of equipment used to produce or use drugs is found in your possession, you could face criminal charges. Drug paraphernalia can include bongs, pipes, rolling papers, straws, certain glassware, roach clips, baggies, pieces of tin foil, and hypodermic needles. 

When up against any of these drug possession charges, you need to seek a strong and comprehensive defense. In relatively simple cases, you may think it is easier to accept the charges and face consequences so that you can move on. This is not the case. Even the simplest of drug possession charges can haunt you for the rest of your life, and it is the right move to seek an attorney’s guidance and support as quickly as possible. 

Utah Controlled Substances

In Utah, it is illegal to purchase, own, receive, or possess any kind of illegal drug or controlled substance. It is important to understand how Utah defines these controlled substances, as the classification of drugs involved in your case can have a direct impact on penalties and outcomes. These classifications are known legally as “schedules,” and it is crucial to understand into which schedule your drug possession charges may fall.

In most circumstances, the lower the schedule number, the more extreme penalties can become. In Utah, these schedules are as follows:

• Schedule I drugs. These are the most serious kinds of drugs, as they have a high chance of addiction and abuse and no real medical application. These drugs include heroin, LSD, or acid, MDMA, peyote, marijuana, and psilocybin mushrooms, or magic mushrooms.
  
• Schedule II drugs. While these drugs do carry a high risk for addiction and abuse, they may have some medical application. These drugs include Adderall, OxyContin, methadone, cocaine, Dilaudid, fentanyl, Vicodin, methamphetamine, and crack cocaine.
  
• Schedule III drugs. While these drugs can have a necessary medical application, they can still carry some risk for abuse and addiction. These drugs include ketamine, benzphetamine, zolazepam, nalorphine, testosterone, and steroids.
  
• Schedule IV drugs. These drugs carry a low risk of abuse and addiction and have wide medical applications. Schedule IV drugs include Ativan, Valium, Ambien, Soma, and Xanax.
  
• Schedule V drugs. Lastly, these drugs come with a very low risk of actual abuse or addiction and are more often used for their medical applications. These drugs include Lomotil, Robitussin AC, and cough syrup.

No matter what schedule your charges fall into, know that you need the legal guidance and support offered by Blackley & Wingad. These are serious charges, and the first step toward securing a safe and free future is calling our offices today. 

Penalties for Drug Possession

When someone is facing drug possession charges, one of the first things they ask is, “Will I have to go to jail?” This can be a loaded question, depending on the situation. While yes, you can face jail time, you may also face a combination of the following:

• Court fines
• Other fines or legal fees
• Mandatory drug testing
• Mandatory rehabilitation or substance abuse programs
• Community service
• Probation 

In addition, you could face collateral consequences like:

• The loss of your driver’s license or commercial driver’s license
• Impacted parental rights in a custody case
• The inability to travel or live in certain areas
• The loss of your job or difficulty finding future employment
• Difficulty when it comes to securing housing
• The loss of your professional licenses or certifications
• Damage to your personal and professional reputation

How We Defend Drug Possession Charges in Salt Lake City

When you are facing drug possession charges, you must understand all of the legal options made available to you. At Blackley & Wingad, we are here to review your case, devise a comprehensive defense strategy, and highlight any weaknesses in the prosecution’s case against you. The most common defense strategies include:

• An illegal search and seizure, or the violation of your Fourth Amendment right
• Lack of possession or knowledge 
• Having a valid prescription or reason for medical use
• Errors in the crime lab’s analysis, especially in cases where the chain of custody was broken or the sample was contaminated

FAQs

What Do I Do if I Am Arrested for a Drug Crime?

If you are arrested for a drug crime in Salt Lake City, you must exercise your rights. You have the right to remain silent and seek legal counsel before speaking with the police. You should also preserve evidence and avoid discussing your case with anyone other than your lawyer. 

How Much Does It Cost to Hire a Drug Crime Lawyer?

Hiring a drug crime lawyer in Utah varies by case and lawyer. Additionally, it is important to keep in mind that several factors can influence the final cost analysis made by your attorney. These factors include the complexity and duration of your case and your lawyer’s skill level, education, and experience. 

Can You Appeal a Drug Crime Conviction in Utah?

Yes, in Utah, you retain the right to appeal any final court judgment to a higher court on grounds of possible legal errors. To take this action, however, it is essential that you speak to your lawyer about your appellate rights and that you file your Notice of Appeal within the strict deadlines. 

Can the Police Search My Home Without a Valid Warrant?

No, in Utah, the police cannot search your home without a valid search warrant, and if they attempt to do so anyway, this action can actually help build your defense. Unless there is an emergency situation or probable cause is found to enter your property, a search warrant is required, and any evidence found without a valid search warrant in place could be excluded from the case. 

Hire a Drug Possession Lawyer Today

When you need to hire a drug possession lawyer in SLC, Blackley & Wingad is ready to serve you. Contact our offices to learn more and schedule your initial consultation. With our proven track record of delivering results on behalf of our clients, you can trust us to protect you today.