Posts Tagged ‘Drugs in Utah’

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State of Utah v Gomez Appeal

Apr
16
Utah Criminal Defense Blog, on the topic of  Utah Court
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State of Utah v Gomez concerns a search and seizure case where the defendant was found guilty of possessing a variety of illegal drugs.

The Events Leading to the Drug Seizure

Gomez and two other people were in a rental car that was stopped by a police officer due to a taillight violation. After doing a routine check, the officer further questioned the occupants as well as ordered a K-9 drug dog unit. The dog didn’t find any drugs, but the officer had reasonable suspicion that there were drugs involved. He found out that Gomez was staying in a local hotel and requested that the man allow him to search his hotel room.

Gomez initially denied permission to perform a search but later consented. When they arrived at Gomez’s hotel room, the officer found cocaine, marijuana, a digital scale and a measuring spoon. Gomez admitted the drugs were his and was arrested.

Gomez was charged with several crimes and moved to suppress the hotel room evidence. The trial court denied his motion and he pleaded guilty, conditionally, to all three counts while reserving the right to appeal the suppression issue.

The Appeal

Gomez’s appeal was based on his belief that he was illegally detained during the initial traffic stop. The appeals court applied a two-step test to see if the traffic stop was reasonable.

• Step 1—was the police officer justified in stopping the car in the first place?
• Step 2—was the detention of the car’s occupants reasonably related to the reason the officer first stopped the car?

The court of appeals found no supporting evidence in State of Utah v Gomez that would require the police officer to ignore his initial and subsequent observations prior to requesting a search of the defendant’s hotel room. The trial court’s decision was upheld, as were Gomez’s convictions.

The opportunity to have a defense if you are charged with a crime is one of America’s fundamental beliefs. It’s also important to know that you can appeal certain sentences or parts of your case if you believe there was a miscarriage of justice.

Contact a Utah criminal defense attorney immediately if you’ve been charged with any crime. You deserve to have the best defense possible, and an experienced attorney can help make sure your side of the story is told.

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Smuggling Contraband into Jail

Dec
01
Utah Criminal Defense Blog, on the topic of  Crimes, Drugs in Utah
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If you’re arrested and you want to make your problems worse, try smuggling contraband into jail. A person who smuggles unauthorized items into any correctional facility or secure area of a mental health facility is guilty of a crime.

Prohibited Items

Photo: Dion Gillard

Some items that are prohibited in jail include:

• Controlled substances
• Alcohol
• Medicine—even if it has been legally prescribed for the person in possession of it
• Poisons
• Any tobacco product or electronic cigarette
• Firearms, ammunition
• Any dangerous weapon

How Much Trouble Will I Be In?

The charges for smuggling contraband into jail depend on the item or substance taken inside. Smuggling cigarettes is a class A misdemeanor. Providing or selling a dangerous weapon to an inmate is a second-degree felony.

In Utah, correctional facilities are considered drug-free zones. The penalty is the same for possessing a controlled substance in jail as in any drug-free zone.

Utah law states that controlled substances smuggled into jail increases the normal charge by one level. If you decide to sneak marijuana into a jail, the charge changes from a class B to a class A misdemeanor. Possession of methamphetamines in jail increases the charge to a second-degree felony.

You won’t be doing yourself a favor if you try your hand at smuggling contraband into jail, whether it’s for yourself or a friend. The odds are good you’ll be caught. After all, the police are not afraid to search everywhere—body cavities included.

Don’t wait to contact an experienced Utah criminal defense attorney if you are facing any criminal charges. There are times in life when you can go it alone, but legal trouble isn’t one of those times. Regardless of your situation, you need to find an attorney you can trust who will provide you with a strong defense.

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Drug Trafficking Bust in Utah

Nov
18
Utah Criminal Defense Blog, on the topic of  Drugs in Utah
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Fourteen people were arrested this week in Utah in what law enforcement is calling a major drug trafficking bust. The individuals were believed to be making at least $300,000 a month dealing cocaine and heroin along the Wasatch Front.

Law enforcement officials reportedly found both cocaine and heroin when they made the arrests, as well as an unspecified amount of cash and guns. These alleged drug traffickers were mostly charged with investigation of drug possession with intent to distribute. It is possible to distribute an illegal drug, possess an illegal drug, or both.

Distribution involves producing, manufacturing or dispensing an illegal drug. It can also mean possessing with the intent to produce, manufacture or dispense. The type of substance being distributed determines the charge given to an accused person:

Schedule I or II drugs = second-degree felony
Schedule III or IV drugs = third-degree felony
Schedule V drugs = class A misdemeanor

The list of Scheduled drugs in Utah is quite extensive, so we haven’t listed them in their entirety.

Drug possession is classified as a crime when a person possesses a controlled substance illegally, i.e. without an authorized prescription. A forged prescription doesn’t make it okay, either. As with distribution, the type of drug possessed determines what level of crime a person is charged with. Incidentally, a person found possessing 100 pounds or more of marijuana is guilty of a second-degree felony.

If you have any questions concerning drug charges you’re facing, whether they involve drug trafficking or other drug involvement, you should contact a Utah criminal defense attorney immediately. An attorney can advise you on everything from whether or not to make a statement to how to behave if your case goes before a jury. Let a criminal defense attorney fight for you in court.

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DUI Checkpoint Labor Day Weekend

Sep
01
Utah Criminal Defense Blog, on the topic of  DUI in Utah
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There will be a DUI checkpoint this Friday, September 2, in North Salt Lake at 500 East 1100 North. Every car must stop, and the driver will be checked for possession of a valid driver’s license and appropriate insurance. This DUI checkpoint will begin sometime Friday evening and run through an unspecified time Saturday morning.

Photo: Mike Kline

This is an excellent time to review some of Utah’s drunk driving laws. These laws can get you arrested whether you are stopped at a DUI checkpoint or not. Are you aware of the fact that when you operate a motor vehicle in Utah you are considered to have given your consent to being tested chemically or by having your breath, blood, urine or oral fluids tested for the purposes of determining whether or not you are intoxicated while driving? Also, if you refuse to submit to law enforcement’s requirement to be tested, the following penalties may be enforced upon you:

• Revocation of your driver’s license;
• 5 or 10 year prohibition of driving with any measurable or detectable amount of alcohol in the your body (depending on the your prior driving history); and
• A three-year prohibition of driving without an ignition interlock device.

Additionally, if you are under the impression that because you are entitled to use alcohol or a particular drug (i.e. the drug was prescribed for you by a licensed physician) you are exempt from the drunk driving laws, think again. There have been many cases, even in Utah, where an individual takes a prescription medication, such as a sleeping aid, and then gets behind the wheel of a vehicle and causes an accident. That person will likely be prosecuted as driving under the influence, in spite of the fact that they were taking a legally prescribed substance.

If you decide to drive under the influence and are caught and arrested, the first or second offense will generally earn you a class B misdemeanor. Injuries, deaths or age-related issues in a DUI incident will dramatically increase the charge and likely the penalty, as well.

If you are facing any DUI charges, don’t attempt to navigate the judicial system yourself. You will need vigorous representation by an experienced Utah criminal defense attorney. Don’t expect that things will work out the best for you if you go it alone. Get qualified legal help immediately.

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Utah Cop Caught With Drug Paraphernalia

Aug
23
Clayton Simms, Criminal Defense Attorney, on the topic of  Drugs in Utah
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Photo: bjorn 512

Drug paraphernalia and law enforcement often go hand-in-hand, normally because police officers take such devices from people they cite or arrest. This time, however, it was a police officer who was caught with drug paraphernalia in his police car—allegedly using it to smoke heroin.

A Draper, Utah K-9 officer was spotted outside a Sportsman’s Warehouse by a security guard who believed the officer was smoking an illegal substance. When other law enforcement arrived, they found the drug paraphernalia in his police car. The officer resigned just hours after the incident. It is reported that the Draper Police Department is conducting an internal investigation into the officer’s alleged heroin use. No charges have been brought against the officer yet.

Here are some things you should know about drug paraphernalia in Utah:

• It is illegal to use, or possess with intent to use, drug paraphernalia in any way to put any controlled substance into the human body. Violation of this law is a class B misdemeanor.
• It is also against the law to deliver, intend to deliver or manufacture drug paraphernalia that you know will be used in conjunction with a controlled substance for human use. The charge for breaking this law is a class A misdemeanor.
• It’s a class B misdemeanor to advertise the sale of drug paraphernalia.
• If you are 18 years old or older and you deliver drug paraphernalia to a person who is under the age of 18 and who is 3 or more years younger than the person doing the delivering, you will be guilty of a third-degree felony.
• A class B misdemeanor can send you to jail for up to six months, while a class A misdemeanor may get you up to a year’s jail time. It gets worse. A third-degree felony may find you in prison for up to five years.

When it comes to drug use and paraphernalia, we could quote Nancy Reagan, who coined the phrase “just say no.” Unfortunately, that can be easier said than done. Don’t beat yourself up if you’ve been caught with drugs and/or the tools created to use the drugs. There are a lot of people who have been in your situation.

What you should do next is take the time to call a Utah criminal defense attorney. If you’re having legal problems with anything drug-related, a good attorney can represent your interests in any criminal matters. You deserve the help and support a Utah criminal defense attorney can provide.

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Utah Men Charged with Attempted Murder

Jul
06
Utah Criminal Defense Blog, on the topic of  Hiring a Lawyer, Utah Crime News
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Two Utah men have been charged with attempted murder after a May 10 shooting at a West Valley City grocery store parking lot. Apparently, the two men were allegedly involved in a drug deal prior to the shooting incident. At the conclusion of the drug deal, several armed individuals showed up and order the shooting victim and another man into one of the armed person’s car. The victim and the other man went to their own car instead. The victim recalls hearing several gunshots and soon realized he had been shot. Police found two shell casings in the parking lot.

In addition to being charged with attempted murder, one of the alleged shooters was also charged with possession of a controlled substance. Attempted murder is a first-degree felony and carries the possible sentence of five years to life in prison. The charge and penalty for possession of a controlled substance depends on the type and amount of the substance.

An important thing to remember is that in Utah, as throughout the United States, people are considered innocent unless they are proved to be guilty. If you take into account that there were a number of people armed with guns present at the time of the shooting, it would be vital to know whose guns the shell casings came from. These men undoubtedly are in need of excellent legal representation.

Remember that every person charged with a crime is entitled to an attorney and should acquire legal advice as soon as possible. There is as much need for defense attorneys as there is need for police and prosecutors. Not knowing what situations you might find yourself in is part of life, but that doesn’t mean you have to leave your future to chance, particularly if it could involve prison.

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Man mauled by bear was smoking pot, and his lawyer successfully argues for workmen’s comp

Jun
07
Jessica, on the topic of  Drugs in Utah, Utah Crime News
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photo: eschipul

photo: eschipul

A worker at Glacier National Park was attacked while feeding the bears at a tourist attraction in the park.  The worker, Brock Hopkins’ was found to be smoking marijuana slightly before the accident. A Montana judge ruled that the use of marijuana did not cause the attack, which  made Hopkins eligible work workman’s compensation benefits. If you have been involved in an accident or legal situation in which drugs or alcohol are a factor, a well qualified criminal defense attorney could lead the court to discount the drug/alcohol use as it was in the case of Brock Hopkins.

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Posted in Drugs in Utah, Utah Crime News | No Comments »

Pregnant women in Utah may face drugs charges if their baby is born with drugs in its system

Jun
04
Clayton Simms, Criminal Defense Attorney, on the topic of  Drugs in Utah
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photo: what amycakes made

photo: what amycakes made

The Federal Unborn Victims of Violence Act of 2004 states that a child in the womb is a legal victim is they are injured or killed as a result of one of 60 listed federal violent crimes. Since the 1970s state prosecutors have constantly sought to convict pregnant women of criminal charges for using drugs while pregnant. Although usually unsuccessful, prosecutors have continued this battle through to the present day. There are quite a few state statutes, depending on the state, that may allow for this prosecution as well as the federal Unborn Victims of Violence Act. Organizations such as the National Association of Public Child Welfare Administrators and the National Council on Alcoholism and Drug Dependence (NCADD) have spoke out vocally against this: “A punitive approach is fundamentally unfair to women suffering from addictive diseases and serves to drive them away from seeking both prenatal care and treatment for their alcoholism and other drug addictions” (NCADD, Policy Statement, Women, Alcohol, Other Drugs and Pregnancy, April 29, 1990)

Due to the extensive efforts of the state to prosecute pregnent women, if your newborn baby was found with drugs in his/her system it is extremely important to have discussed the legal rammifications with a criminal defense attorney that is well qualified and experienced in defending drug charges.

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Salvia, another herb Utah may outlaw

May
22
Clayton Simms, Criminal Defense Attorney, on the topic of  Drugs in Utah
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photo: zeitrafferin

photo: zeitrafferin

Salvia Divinorum is a plant used by people throughout the world, but it may soon become illegal in Utah. It is an herb in the mint family that is often cultivated in Mexico. Salvia can provide mind altering effects, has not been proven to be habit forming, and few if any research studies have been done showing health problems that have developed from its use. Salvia does not show up on common drug tests as it is legal in a majority of states in America. The U.S. Drug Enforcement Agency (DEA) states, “Salvia divinorum and salvinorin A are not currently controlled under the CSA. As of October 2009, fourteen states have enacted legislation placing regulatory controls on Salvia divinorum and/or salvinorin A.” Utah is not one of these states.  However Utah Rep. Paul Ray (R) from Clearfield has been constantly trying to outlaw the plant in the state of Utah since 2006. The salvia debate in America often surrounds its transport from Mexico and possible ensuing hallucinations.  The United States has a past history of banning substances likely to cause hallucinations as well as many substances crossing the border from Mexico. If you are concerned about the future of any legal substance you should solicit your local government representative, and if you are involved in legal issues surrounding any controversial substance or herb you should immediately contact a criminal defense attorney well versed in the area.

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Possession, Manufacture, Use or Distribution of Illegal Substances or Drugs in Utah

Apr
25
Clayton Simms, Criminal Defense Attorney, on the topic of  Drugs in Utah
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In Utah, the lines dividing possession, manufacture, use, and distribution of illegal substances can be blurry to someone unfamiliar with the subject’s legal terminology. In Utah illegal drug possession or use is defined as the control, holding, maintaining, application or consumption of. It is not required in Utah for the person accused of use or possession to not have individual possession of the substance or drug, merely the ability and the intent to exercise control over the substance is enough. This loose definition allows for the prosecution of a drug dealer who really controls a drug distribution operation, but never actually touches the drugs. An enterprising drug dealer may have other people doing the transport of the drugs or hand off the drugs to customers. Modern police surveillance techniques often capture the complete picture of a drug operation. In many Federal drug distribution cases there are hundreds and possibly thousands of hours of wiretapped conversations.

The manufacturing of a drug is generally when a person produces an illegal substance through chemical means or other types of modification such as packaging and labeling. Manufacturing sometimes includes the cultivation of marijuana.

Distribution is the transfer of a controlled/illegal substance to another person. A transfer can be actual, constructive or attempted. Actual distribution is when a person physically transfers the controlled substance to another. Constructive distribution occurs when a person intends to sell or distribute an illegal substance, demonstrated through actions or suggestive data like possession of a large quantity of drugs.

If you are accused of a drug crime you should speak to an Utah criminal lawyer as soon as possible to better understand your charges as well as provide for your best defense.

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