You’ve Been Charged with Drug Possession—Now What?
Being charged with drug possession in Utah can be a frightening, anxiety-inducing challenge. You may be unsure how to minimize the consequences of a drug possession charge. It’s important to know that being charged with drug possession is extremely stressful, but it doesn’t have to be the end of the world. If you choose the best Salt Lake City drug possession defense attorney as soon as possible after your arrest, your charges and/or potential penalties may be reduced.
An experienced drug possession defense lawyer from Conyers & Nix has the correct answers. Because Utah typically focuses on drug treatment more than incarceration, we can help that work in your favor. You should not have to handle this issue alone—Conyers & Nix is ready to help.
Why Choose a Salt Lake City Drug Possession Defense Attorney from Conyers & Nix?
When you choose attorneys Kate Conyers and Jesse Nix, you have made an important decision in your drug possession defense. At Conyers & Nix, we are passionate about ensuring your rights through zealous advocacy and exceptional representation. Our goals are your goals—to fight for your best interests, even when the fight is challenging. We believe in decriminalizing drug possession charges, so we are particularly interested in these cases.
We will help you through the difficulties of your criminal charges in a holistic way—meaning we will help you with every aspect of your life that is touched by these charges. What this looks like will differ from one client to the next. We often assist clients with employment letters, help with expungements when available, and work with social workers and treatment facilities when necessary. Kate and Jesse work as a team on each case, believing two attorneys are better than one. If you face charges that could affect your life for many years, you need Salt Lake City drug possession defense attorneys Kate Conyers and Jesse Nix.
Drug Possession Laws in Utah
Your charges and their potential penalties will depend on the drugs that were found. As an example, possession of marijuana may be charged as a Class B misdemeanor, while possession of a schedule I or II drug may be charged as a third-degree felony. If this is not your first charge for possession, then you will likely move up to the next level of consequences—i.e., the second time you are charged with possession of marijuana, it will likely be charged as a Class A misdemeanor, and so on.
If a firearm was involved in any way, the time you could spend in jail is increased by one year. Generally speaking, a Schedule III, IV, or V, and marijuana possession will be charged as a Class B misdemeanor for a first offense. A Schedule I or II drug will be charged as a third-degree felony for a first offense. The difference between a felony and a misdemeanor charge is significant. A misdemeanor charge is punishable with fines and time in jail. A felony is a significant crime that can put you in prison—and will follow you for a very long time even after you leave prison.
What Types of Drugs Can You Be Arrested for Possessing in Utah?
Schedule I drugs in Utah include drugs like Ecstasy, LSD, peyote, and heroin. They are classified as Schedule I because they are considered to have a high potential for abuse and have no medical uses. Schedule II drugs include Vicodin, cocaine, methamphetamine, methadone, Demerol, Oxycodone, fentanyl, Adderall, Dexedrine, and Ritalin. Schedule II drugs are considered to have a high potential for abuse with physical and psychological dependence and can be dangerous or deadly.
Schedule III drugs include steroids, and Schedule IV drugs include codeine and opium. Schedule V drugs include antitussives and analgesics. Schedule III and IV drugs have a moderate to low potential for abuse or dependence, and Schedule V drugs have virtually no potential for abuse. While marijuana is still classified as a Schedule I drug, it is treated differently under Utah Law.
What Are the Penalties for Drug Possession in Utah?
Your specific penalty for drug possession in Utah will depend on the type of drug, your criminal history, and whether you have a prior conviction for drug possession. If you are convicted of a third-degree felony, you could spend up to five years in prison, and your fines could be as large as $5,000. If you are convicted of a Class A misdemeanor, you could spend up to 364 days in jail and a fine as large as $2,500. If you are convicted of a Class B misdemeanor, you could spend up to six months in jail, and your fines could be as large as $1,000. Probation could reduce your time in prison via a closely supervised release. Your attorney may be able to resolve your case favorably if you take classes on substance abuse or go to a recovery program.
How Many Years Could You Spend in Jail for a Drug Possession Conviction?
You could potentially spend up to five years in prison for a third-degree felony charge of drug possession, up to a year in jail for a Class A misdemeanor, and up to six months in jail for a Class B misdemeanor. Typically—especially for a first-time drug possession offense—an attorney represents you, your charges may be reduced before sentencing, or your attorney may be able to convince the judge to reduce penalties due to your specific circumstances.
How Can You Get Drug Possession Charges Dropped?
When you have a highly skilled Salt Lake City drug possession defense attorney from Conyers & Nix on your side, your drug possession charges may be dropped entirely. While this is not easy, it is possible if police made mistakes in how they found the drugs. At Conyers & Nix, we know how the system works. We will negotiate for the following:
- Treatment and/or educational classes instead of jail time
- Significantly less prison or jail time
- Reduced fines
- Probation rather than jail time
- Community service rather than jail time
- Having the charges dropped
How a Salt Lake City Drug Possession Defense Attorney from Conyers & Nix Can Help
At Conyers & Nix, we fight for the best interests of our clients—and we will do the same for you, no matter how challenging the issue. We will treat you with respect and patience, helping you achieve the best outcome possible. Contact Conyers & Nix today.