Posts Tagged ‘drugs’

Automobile Homicide Charge For Man Who Killed a Jogger in Millcreek, Utah

May
20
Utah Criminal Defense Blog, on the topic of  Alcohol in Utah, Drugs in Utah
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A 20-year-old Holladay man has been charged with automobile homicide in connection with his alleged role in the death of a jogger last March.

The accused supposedly drifted across lanes and struck the victim, who was on the shoulder of the road. The man is facing several criminal charges including: automobile homicide, possession of a firearm by a restricted person and driving with a controlled substance in the body and causing death.

What Constitutes Automobile Homicide?

Criminal homicide is automobile homicide if a person causes someone else’s death while driving a vehicle in a criminally negligent manner while being under the influence of a drug or alcohol. You will be considered DUI in Utah if your blood or breath alcohol concentration is .08 grams or higher.

Being criminally negligent means that you act in such a way that you ought to be aware of a substantial and unjustifiable risk that certain circumstances exist or a certain result will occur. Also, the risk must be of a nature and degree that the average person would normally exercise reasonable judgment in the same circumstance.

Penalties

Automobile homicide under the above circumstances is a second degree felony. If you’re found guilty of automobile homicide, the penalty could be from 1-15 years in prison. If a person is found guilty of multiple felonies or misdemeanors, he could potentially serve many years in prison.

Talk to a Utah Criminal Defense Attorney

If you’re on the wrong side of the law, don’t wait to discuss your case with a Utah criminal defense attorney. It’s never too late to get the legal help you need and deserve.

The Utah Automobile Homicide Statute (U.C.A. 76-5-207) is found below:

(1) As used in this section:

(a) “Drug” or “drugs” means:

(i) a controlled substance as defined in Section 58-37-2;

(ii) a drug as defined in Section 58-17b-102; or

(iii) any substance that, when knowingly, intentionally, or recklessly taken into the human body, can impair the ability of a person to safely operate a motor vehicle.

(b) “Motor vehicle” means any self-propelled vehicle and includes any automobile, truck, van, motorcycle, train, engine, watercraft, or aircraft.

(2) (a) Criminal homicide is automobile homicide, a third degree felony, if the person operates a motor vehicle in a negligent manner causing the death of another and:

(i) has sufficient alcohol in his body that a subsequent chemical test shows that the person has a blood or breath alcohol concentration of .08 grams or greater at the time of the test;

(ii) is under the influence of alcohol, any drug, or the combined influence of alcohol and any drug to a degree that renders the person incapable of safely operating a vehicle; or

(iii) has a blood or breath alcohol concentration of .08 grams or greater at the time of operation.

(b) A conviction for a violation of this Subsection (2) is a second degree felony if it is subsequent to a conviction as defined in Subsection 41-6a-501(2).

(c) As used in this Subsection (2), “negligent” means simple negligence, the failure to exercise that degree of care that reasonable and prudent persons exercise under like or similar circumstances.

(3) (a) Criminal homicide is automobile homicide, a second degree felony, if the person operates a motor vehicle in a criminally negligent manner causing the death of another and:

(i) has sufficient alcohol in his body that a subsequent chemical test shows that the person has a blood or breath alcohol concentration of .08 grams or greater at the time of the test;

(ii) is under the influence of alcohol, any drug, or the combined influence of alcohol and any drug to a degree that renders the person incapable of safely operating a vehicle; or

(iii) has a blood or breath alcohol concentration of .08 grams or greater at the time of operation.

(b) As used in this Subsection (3), “criminally negligent” means criminal negligence as defined by Subsection 76-2-103(4).

(4) The standards for chemical breath analysis as provided by Section 41-6a-515 and the provisions for the admissibility of chemical test results as provided by Section 41-6a-516 apply to determination and proof of blood alcohol content under this section.

(5) Calculations of blood or breath alcohol concentration under this section shall be made in accordance with Subsection 41-6a-502(1).

(6) The fact that a person charged with violating this section is or has been legally entitled to use alcohol or a drug is not a defense.

(7) Evidence of a defendant’s blood or breath alcohol content or drug content is admissible except when prohibited by Rules of Evidence or the constitution.

(8) A person is guilty of a separate offense for each victim suffering bodily injury or serious bodily injury as a result of the person’s violation of Section 41-6a-502 or death as a result of the person’s violation of this section whether or not the injuries arise from the same episode of driving.

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Posted in Alcohol in Utah, Drugs in Utah | No Comments »

Utah Police Discover 150 Marijuana Plants in Child’s Bedroom

Feb
25
Utah Criminal Defense Blog, on the topic of  Drugs in Utah
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A Utah man has been arrested following the discovery of nearly 150 marijuana plants in his home, some located in his 5-year-old daughter’s bedroom.

Marijuana in the Bedroom

The man allegedly had marijuana plants growing in every room in his house. Police believe he possessed around 70 pounds of the drug. His daughter is now in the custody of her mother.

Just Say “No” to Marijuana in Utah

It’s illegal to grow, possess, use or distribute marijuana in Utah. If you’re convicted of a marijuana-related crime, you will be guilty of a third degree felony and could spend up to five years in prison. If you don’t learn from your mistakes and are convicted of a similar offense a second time, you’ll be guilty of a second degree felony and the punishment will potentially increase to a 1-15 year prison sentence.

Being in control of or possessing 100 pounds or more of marijuana is a second degree felony. It’s a third degree felony to possess 17 ounces up to 99 pounds of marijuana.

If you’re discovered with marijuana inside the property boundaries of any prison, jail or correctional facility your sentence will automatically jump up one degree. In addition, the court shall sentence you to serve one year consecutively. The court may decide to sentence you to an indeterminate sentence that can last up to five years and run consecutively.

Watch Out for the Drug Free Zones

There are also several areas that are specifically drug-free zones in Utah. Some of those places include: schools, child-care facilities, public parks, amusement parks, arcades, churches, shopping malls, theaters, stadiums and libraries. A person convicted of a drug-related crime in a drug-free zone will be guilty of a first degree felony and be required to spend a minimum of five years in prison without the possibility of a suspended sentence or probation.

Contact a Utah criminal defense attorney immediately if you have been charged with any drug-related crime. There is no such thing as an insignificant jail or prison sentence, and you should go into court having the best possible legal representation you can find. Make the right call today.

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Posted in Drugs in Utah | No Comments »

Utah Arrest Warrant Issued After Child Abuse

Nov
13
Utah Criminal Defense Blog, on the topic of  Drugs in Utah
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A 27-year-old Utah woman is being sought after an arrest warrant concerning child abuse was issued for her. Shea Sheeran is facing multiple charges from at least two jurisdictions.

Photo: Javier Rapoport

Alleged Drug Use During Pregnancy

Sheeran has been charged with child abuse and child endangerment following the August birth of her child. Sheeran allegedly used drugs, both prescribed and illegal, throughout her pregnancy. When the child was born, he tested positive for both amphetamines and opiates and he exhibited symptoms of drug withdrawal.

Sheeran supposedly admitted to taking prescription drugs in spite of her knowledge that they could harm the fetus. She has an extensive criminal history dating back at least as far as 2003.

What is Child Endangerment?

According to Utah law, a person can be charged with child endangerment in the second degree if he engages in specific conduct involving drugs and, as a result of such conduct a child suffers bodily injury, substantial bodily injury or serious bodily injury.

Child Abuse is Different than Child Endangerment

Child abuse can include causing an injury or condition that impairs the physical condition of a child. When a child suffers a serious physical injury, the charge can be a second degree felony.

If you are found guilty of a second degree felony in Utah, you may be sentenced from 1-15 years in prison—per charge.

Talk to an Attorney Today

Any criminal charge is a serious matter, and you should consult with a Utah criminal defense attorney if you find yourself in any legal dilemma. Remember that you should never discuss your case with anyone but your attorney. Use your constitutional right to silence and call a Utah criminal defense attorney as soon as possible.

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Posted in Drugs in Utah | No Comments »

Marijuana Candy in Utah

Sep
12
Utah Criminal Defense Blog, on the topic of  Drugs in Utah
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A man and woman are facing drug charges after police found them in possession of marijuana candy and other drugs and drug paraphernalia.

Photo: Dave Linger

Marijuana Candy Use on the Rise

Marijuana candy seems to be a popular way to use marijuana right now throughout the United States, and Utah is no exception. These two people were arrested after police searched their dwellings using search warrants. Scales, bags of marijuana and marijuana-positive candy were among the items confiscated during the searches.

Some of the specific charges brought against the man and woman include: possession of a controlled substance with intent to distribute (the marijuana/marijuana candy), possession of drug paraphernalia and possession of a controlled substance. Two of the charges are second degree felonies and the other is a class A misdemeanor.

Potential Consequences

A second degree felony can carry a 1-15 year prison sentence and a class A misdemeanor charge may add another year to any sentence. If a person is found guilty, he could be incarcerated for quite a while, particularly if a judge orders him to serve consecutive sentences.

Why You Should Consult With a Utah Criminal Defense Attorney

It’s vital that you contact a Utah criminal defense attorney if you are charged with any crime, whether drug related or not. Keep in mind that an attorney will be your advocate with law enforcement, prosecutors and the court. Don’t take chances with your freedom by trying to negotiate on your own. Attorneys are trained to understand and interpret Utah law, as well as know when to fight charges or try to arrange a plea bargain.

Discuss your case with an experienced Utah criminal defense attorney; it may be the best choice you’ll ever make.

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Posted in Drugs in Utah | No Comments »

Using Marijuana in Utah is Illegal & Punishment Ranges From Misdemeanor to Felony Depending on Amount and Intent to Distribute

Jul
31
Clayton Simms, Criminal Defense Attorney, on the topic of  Drugs in Utah
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Although not everyone that uses marijuana in Utah gets caught, those that choose to use or grow the illegal drug in this state are in danger of being arrested and possibly thrown in jail.

Photo: Lee J. Haywood

Police in a southern Utah county recently discovered and shut down a large marijuana garden consisting of around 4,000 plants. We’re going to tell you some of the potential penalties for being involved with marijuana in Utah.

It’s illegal to:

• Produce, manufacture or dispense Marijuana

• Distribute, agree, offer, consent or arrange to distribute Marijuana

• Possess Marijuana with intent to distribute

• Engage in a continuing criminal enterprise (regarding Marijuana)

If you choose to disobey these laws with regard to a Schedule I or II substance, you could be charged with a second-degree felony or with a first-degree felony if it’s your second or subsequent conviction. If you are caught ignoring these laws concerning marijuana in Utah, you could be charged with a third-degree felony or with a second-degree felony if you’ve been previously convicted.

Possessing or using marijuana in Utah when you have 100 pounds or more is a second-degree felony. Having more than 16 ounces of marijuana but less than 100 pounds is a third-degree felony. Possession of marijuana in Utah that’s more than 1 ounce but less than 16 ounces is a class A misdemeanor.

Understanding Utah laws about the use or possession of marijuana can be confusing, so it’s a good idea to contact a top Utah criminal defense attorney if you are arrested on any drug charges. Let an attorney advise you and deal with law enforcement on your behalf. It may be the best phone call you’ll ever make.

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Posted in Drugs in Utah | No Comments »

Drug Tests for Applicants in Utah’s Family Employment Program

May
16
Utah Criminal Defense Blog, on the topic of  Drugs in Utah
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The Utah Legislature recently passed house bill 155 which forces an applicant applying for cash assistance through Utah’s Family Employment Program to complete a written questionnaire about the likelihood that he or she uses drugs.

Photo: Micah Baldwin

House Bill 155 Requires Certain Steps

• First a parent has to meet the regular qualifications required to get assistance.
• Then the parent must fill out the questionnaire. If the questionnaire indicates “a reasonable likelihood” that the parent has a substance use problem, the parent must then submit to an actual drug test.
• Finally, if the parent’s drug test is positive for a controlled substance that person must enter into and follow an employment plan in order to receive cash assistance.

The employment plan requires that the person:

• Receives treatment for a substance use disorder and
• Tests negative for the drug(s) on follow-up testing

According to house bill 155, if a person is required to receive treatment for drug abuse, he will receive treatment at the division’s expense for at least 60 days—again, as long as he enters into the employment plan agreement.

The upshot is that now a person who is put in the undignified place of having to seek financial aid to provide for their family will be subjected to further questions about drug use. At least someone who’s already having financial problems doesn’t have to try and figure out how to pay for drug treatment if the state determines they need it.

What Happens to Drug Test Results Under House Bill 155?

Whether or not a financial aid applicant will, at some point, have his drug test results made accessible to police for criminal charges is another question. House bill 155 does say that drug test results under this section are private except that a third party may have access under GRAMA (the Government Records Access and Management Act.) Presumably, law enforcement knows how to request info through GRAMA.

Hire an Attorney

If you have legal repercussions because of any drug tests you were forced to take in order to receive state assistance, don’t hesitate to call a Utah criminal defense attorney. You deserve to have a legal expert handle any criminal case you are involved in.

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Posted in Drugs in Utah | No Comments »

Problem Solving Utah Courts including Drug Court and Mental Health Court

Apr
17
Utah Criminal Defense Blog, on the topic of  Alcohol in Utah, Drugs in Utah
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Problem solving courts in Utah are known by several names, including: drug court, mental health court or specialty court. The main difference between a problem solving court and traditional district court is the level of involvement of attorneys and judges. If a problem solving court is going to be successful, there are several elements that need to exist in each circumstance.

Photo: Crunchy Footsteps

• Direct connection to treatment—if alcohol and substance abuse are a problem for the defendant/participant, drug court could be the right option for helping the person escape the cycle of dependency and crime.

• A defense attorney and prosecutor must work together to help a participant. This might seem strange because the two attorneys usually have opposing points-of-view, but their combined efforts should focus on the person’s recovery and positive behaviors.

• Quick action should be the court’s goal. The sooner a person is introduced into a problem solving court, the more likely he or she will have success.

• Even though criminal activity and substance abuse are the primary focus of any problem solving court, the problem solving team should also take into account the following: mental illness, home life, medical issues, lack of a job and limited education.

• Frequent drug and alcohol testing of an offender is vital.

• A problem solving team should take notice of a person’s compliance with requirements as much as they keep track of any non-compliance. Rewarding positive behavior helps people struggling with any problem, even one as serious as substance addiction.

• A judge is the team leader. The judge needs to be kept abreast of any treatments the offender is participating in, as well as his progress.

• The team needs to provide consistent monitoring and evaluation in order to know if any changes need to be made.

A problem solving court may be precisely what you need if you’ve been involved in any criminal activity and have a substance abuse addiction. Many people commit criminal offenses in order to continue funding their addictions, and those individuals need help.

You should have an attorney represent you if you are involved in any criminal action. If you suffer from any type of drug or alcohol addiction, be sure to let your attorney know so that he or she can assist you in getting the help you need. A problem solving court may be the answer to turning your life around. Call a Utah criminal defense attorney today.

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Posted in Alcohol in Utah, Drugs in Utah | No Comments »

Drugs Around or In Utah Jails

Apr
03
Utah Criminal Defense Blog, on the topic of  Drugs in Utah
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Did you know that taking illegal drugs onto jail property is against the law? We aren’t just talking about a little stash of marijuana that’s in your pocket when you go to a local jail to visit a friend. There is a Utah law that prohibits a person’s possession of illegal drugs within the exterior boundaries (such as a fence) of any correctional facility, jail or other place of confinement.

Photo: aarondn93

The penalties for having illegal drugs with you are increased when you break this particular law. Law enforcement often calls these “enhanced” penalties.

Marijuana and Other Drugs

If you have some marijuana on you that’s particularly for personal use and you’re caught with it on jail grounds, you will charged with a class A misdemeanor, instead of the usual class B misdemeanor. If you’re found guilty, the court can sentence you to whatever jail time they want and an additional year—because you’re in a drug-free zone. A second conviction of the same crime is a third-degree felony plus the required sentencing enhancements.

Perhaps you’ve decided to take a larger amount of marijuana with you onto jail grounds, say 100 pounds or more. You could be charged with a first-degree felony and face the jail time that goes along with such a charge.

If you are in possession of one of a list of controlled substances deemed illegal in Utah, you might receive an initial sentence decided on by a judge and then have a couple more jail terms piled on. The additional sentences are specified by Utah law to run consecutively—each one after the previous jail time has ended.

Plan Ahead or Call an Attorney

If you’re headed to your local correctional facility to see a friend, leave anything unnecessary at home. After all, you don’t want to be your buddy’s next roommate. If all else fails and you’ve been caught breaking the law, your next move should be to call a top-notch Utah criminal defense attorney. That choice could save your reputation and freedom.

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Posted in Drugs in Utah | No Comments »

Automobile Homicide in Utah

Feb
21
Utah Criminal Defense Blog, on the topic of  DUI in Utah
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Driving under the influence of drugs or alcohol often has the unfortunate side effect of innocent people getting hurt or killed, as was the case in two separate incidents of automobile homicide in Utah last August.

Photo: Justin Cozart

Two Construction Workers Hit and Killed

In August, two workers for the same Utah construction company were hit by different drivers just two days apart. In each case, the construction worker died.

In the first case, the female driver has pleaded guilty to a third-degree felony involving the automobile homicide of Aaron Simms. She has not yet been sentenced, but faces up to five years in prison in addition to fines. She was allegedly under the influence of drugs at the time of the accident.

The other case involves a male driver who struck Linda Potter two days after Simms was hit and killed. The driver did not stop at the scene, but was later apprehended. At the time of his arrest his blood alcohol was over the allowed Utah limit of 0.08. He has been charged with automobile homicide, which is normally a second-degree felony and failure to remain at the scene, a class A misdemeanor. The second-degree felony can result in a 1-15 years prison sentence, while the misdemeanor charge may be worth another year in prison.

Don’t Take Chances; Hire an Attorney

Even if you have been told your case is cut-and-dried, you should always consult with an attorney before talking to police or accepting any plea deals. There may be aspects to your case that you are unaware of, which is where a Utah criminal defense attorney comes in. Make that important phone call and get the legal representation you deserve.

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Posted in DUI in Utah | No Comments »

Alleged Drug Dealer Swallows Drug Balloons

Feb
15
Utah Criminal Defense Blog, on the topic of  Drugs in Utah
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A Utah man has been charged with several crimes following a run-in with police officers over drug balloons. The man set up a drug deal, unaware that the potential buyer was an undercover police officer. The alleged plan involved the dealer selling 10 drug balloons to the buyer, five of the balloons filled with heroin, the other five filled with cocaine.

Plans Go Awry

Unfortunately for the supposed drug dealer, things didn’t go as he likely had planned. When he reached the meeting place he was confronted by multiple law enforcement officers. In his attempt to escape, the man hit at least one police vehicle. Apparently deciding he wasn’t going to escape, the man then began eating/swallowing drug balloons.

The law enforcement officers present were able to break the man’s vehicle window and prevent him from swallowing all the balloons. Over 30 drug balloons were retrieved from the man’s truck and mouth.

What Goes In Must Come Out

What the man thought would happen to the potential evidence he swallowed is unknown. Perhaps he didn’t realize that what goes into a human being’s mouth must come out in one form or another. He also may not have been aware of the dangers of swallowing large amounts of drugs.

Charges

What we do know is that the man was charged with possession of a controlled substance with intent to distribute, aggravated assault, obstructing justice and other crimes. The charges range from second-degree felonies to class B misdemeanors. If convicted, he could face lengthy jail time.

If you find yourself in a no-win situation with police, be calm and go with them. Don’t try to swallow evidence; law enforcement will get a hold of it one way or another. Also, don’t discuss the case with police or anyone other than your Utah criminal defense attorney. Use your rights and consult an attorney who will be able to advise you and handle your case in a responsible, respectful manner.

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Posted in Drugs in Utah | No Comments »