Drug Distribution Defense Attorney in St. George, Utah

Utah drug charges are serious, and a conviction can cost you your freedom, your reputation, and your future. The penalties for a conviction can be severe, and you need an experienced defense attorney on your side.

Terry Law is the longest-serving criminal defense firm in St. George. Our defense attorneys vigorously defend individuals against Utah drug charges. We will carefully investigate the allegations against you, challenge the prosecution’s evidence, and work to have the charges dismissed or negotiate a favorable plea bargain.

Understanding Utah’s Drug Distribution Laws

Utah Code § 58-37-8 defines the crimes of Drug Distribution and Possession with Intent to Distribute and makes it illegal to do any of the following:

• Produce, manufacture, or dispense, or to possess with intent to produce, manufacture, or dispense, a controlled or counterfeit substance;
• Distribute a controlled or counterfeit substance, or to agree, consent, offer, or arrange to distribute a controlled or counterfeit substance;
• Possess a controlled or counterfeit substance with intent to distribute.

To prove charges of Drug Distribution or Possession with Intent to Distribute, the prosecution does not need to prove the defendant actually sold drugs. They only need to prove intent to do so.

Proving Intent to Distribute

The key difference between charges for simple possession of a controlled substance versus drug distribution is the intent of the accused. Because it can be difficult to present direct evidence of a sale, prosecutors typically rely on circumstantial evidence to prove intent. Circumstantial evidence is indirect proof that does not directly establish an element of the crime, but allows a judge or jury to infer an element of the crime through logical deduction.

Examples of circumstantial evidence that is commonly relied upon to prove charges of Drug Distribution or Possession with Intent to Distribute include:

• A suspect in possession of an amount of a controlled substance that far exceeds what is typical for personal use
• Possession of a controlled substance that is divided into small packages or separate baggies that are commonly used for selling drugs
• The presence of items commonly used for selling drugs, such as a digital scale, large amounts of cash, ledgers, or multiple cell phones

Penalties for a Drug Distribution Conviction in Utah

Drug Distribution is typically charged as a felony offense. The severity of the penalties varies depending on the type and quantity of the drug allegedly sold.

Additional punishments may include probation or parole, mandatory drug testing, and seizure of the defendant's motor vehicle. Penalties can be more severe if a firearm was used in the offense or if it occurred in a Drug-Free Zone, which can elevate the charges to a First-degree felony, punishable by a minimum of 5 years up to life in prison.

Collateral Consequences of a Conviction for Drug Distribution

“Collateral consequences” refer to the effects of a criminal conviction beyond fines, jail time, and probation. The collateral consequences of a conviction for Drug Distribution can be devastating and permanent. They may include:

• Loss of voting rights
• Loss of firearm rights
• Loss of eligibility for jury duty
• Professional discipline or loss of a professional license
• Lost earnings
• Loss or restriction of driving privileges
• Interference with custody or visitation of minor children
• Not being considered for certain jobs
• Denial of admission to certain colleges, universities, or trade schools
• Ineligibility for certain financial aid programs
• Loss of eligibility for certain government benefits
• Loss of eligibility for public housing
• Possible deportation

Defenses to Utah Drug Distribution Charges

Common defenses to charges of Drug Distribution or Possession with Intent to Distribute include:

• Insufficient evidence
• Factual innocence
• Lack of intent
• Valid prescription
• Illegal search and seizure

How a Criminal Defense Attorney Can Help

The defense attorneys at Terry Law will prepare a vigorous defense, thoroughly evaluating all viable defenses and working to have the case dismissed or to negotiate a favorable plea bargain for a lower sentence.

Contact the Defense Attorneys at Terry Law Today

Terry Law is the longest-serving criminal defense firm in St. George and has been representing individuals charged with drug crimes in Southern Utah since 1983. We offer the time-tested advice, guidance, and advocacy that only an experienced law firm can provide. Contact our office to schedule a confidential appointment to discuss your situation and how we can assist you. Call (435) 628-4411, send a message to email@SouthernUtahDefense.com, or complete our online form.