Drug Crimes

The illegal possession and use of substances is considered a drug crime in Utah. Distributing illegal drugs and misusing other substances, which then cause harm to others or property, will result in different legal penalties. If you are accused of a drug crime, finding comprehensive legal representation is the best way to avoid severe penalties and longer incarceration time. 

These cases are complex and come with severe consequences. Hiring Kaufman, Nichols, and Kaufman can help you avoid jail time and will bring strategic defense strategies to the case, no matter the severity of your crime. Our legal team dedicates its entire attention to every case we take on, no matter your background or the severity of your crime.

Penalties For Drug Crimes

The harshness of your charge will depend on the type of drug offense you are accused of. Many factors are taken into account before you are charged, including your criminal history, the type of substances you possess, and the location of the crime. There are both misdemeanor and felony charges that result in different penalties. 

Misdemeanor drug crimes are typically less severe or have smaller quantities of drugs found. Possession of a small amount of an illegal drug will be considered a misdemeanor, which could result in up to a year in jail, fines of up to $2,500, or probation.

Felony drug crimes involve larger quantities of drugs or the trafficking or manufacturing of substances. The penalties for felony charges in Utah can include up to 15 years in prison, fines ranging from $5,000 to $50,000, probation or parole, and forfeiture of property. Felony charges are much more severe and can often not be expunged from your record in the future. Working with an attorney is necessary if you have a felony drug crime accusation.

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Common Defense Strategies

Once you are accused of a drug crime, you should hire a lawyer who has some of the best defense strategies in the legal sphere. Defense attorneys can use a variety of techniques to appeal to a judge or jury to help lessen your sentence. Legal representation from KNK Law is some of the most researched and evidence-based in Utah. Our team can help you have peace of mind during your case and avoid common mistakes that can make your sentencing harsher.

Attorneys will challenge the evidence that is presented through different defense strategies, including:

• Motion to suppress: challenge the legality of your traffic stop or home search when the drugs were found.
• Lack of constructive possession: arguing that drugs were found in a shared space and you didn’t have control or knowledge of them.
• Lab testing errors: challenge the accuracy of testing or the chain of who is handling the evidence.
• Plea in abeyance: negotiating a deal with the plea of guilty, but the conviction is not on your record if you complete rehab or utilize other community resources.

Other Drug Or Substance Related Crimes

Instead of being charged with a simple drug crime, you may be charged with a more specific related crime depending on the evidence and location of the crime. Charges range from simple possession to more serious charges like manufacturing the substances. Other common crimes that occur in Utah include:

• Possession and Possession with Intent to Sell
• Paraphernalia
• Distribution or Trafficking
• Manufacturer
• Cultivation
• Abuse of Prescription Drugs
• Metabolite DUIs
• Prescription Drug Crimes

Depending on the charge, your penalties could change or become more severe. The way that your interrogation unfolds, the attorney you hire, and the evidence that is presented will determine your prison sentence.

Alternative Sentencing In Utah

Utah has a robust drug court system to help those who are high-risk or high-need. Supervised treatment and intense programs may be suggested by your attorney in place of prison time. Not all accused parties will be eligible, though. You will often need to have a pending felony charge that is not a sexual crime, violent crime, or DUI. The alternative sentencing can last 12 to 18 months and provides intense treatment and rehabilitation that can help keep the crime off your criminal record and avoid standard jail time. Federal programs have intense supervision and often require counseling and treatment during your time in the program.

Types Of Legal Representation

Your choice of representation can be categorized into two sections: public defenders and private attorneys. Based on your financial situation, a public defender may be better for you, but they can often have a heavy caseload and may not have the space to take your case. Public defenders are often appointed by the court for clients who don’t have an attorney in mind. 

Private attorneys allow for a more personalized approach to a legal case. They have access to resources that public defenders may not have, allowing your case to be handled more efficiently. Complex felony charges often warrant the use of a private attorney to help you when the stakes are high. Hiring a private attorney will give you more attention and offer a strategic defense that you will not get anywhere else.

Trusting An Established Legal Team For Your Drug Crime

Kaufman, Nichols, and Kaufman provide compassionate guidance for drug crimes and other criminal cases. Our attorneys have been working with complex legal cases for generations, allowing Utah clients to have peace of mind and recieve the best legal results possible. When you are accused of a drug crime, hiring a dedicated legal team should be your top priority. Our attorneys are skilled across different areas, so we can find you the best attorney for your needs. We treat every case with sensitivity, giving clients and their families the confidence they need to navigate a complex legal case. Contact us to get started!