St. George, Utah, Defense Attorneys for Drug Possession Charges
Federal and state drug possession laws make it a crime to willfully possess illegal controlled substances such as marijuana, methamphetamine, cocaine, LSD, "club drugs," and heroin. These laws also criminalize the possession of "precursor" chemicals used in drug cultivation and manufacturing, as well as certain accessories related to drug use.
Drug possession laws vary according to drug type, amount, and geographic area of the offense. Possession of small quantities may be deemed "simple" possession, while possession of large amounts may result in a charge of presumed "possession with intent to distribute."
Possession Defined
The legal definition of Possession:
- n. Any article, object, asset or property which one owns, occupies, holds or has under control.
- v. The act of owning, occupying, holding or having under control an article, object, asset or property.
"Constructive possession" involves property which is not immediately held, but which one has the right to hold and the means to get (such as a key to a storeroom or safe deposit box).
"Criminal possession" is the holding of property which it is illegal to possess such as controlled narcotics, stolen goods or liquor by a juvenile. The old adage "possession is nine-tenths of the law" is a rule of force and not of law, since ownership requires the right to possess as well as actual or constructive possession.
Can I Be Charged with Possessing a Drug?
A person can be charged with drug possession if the person exercised control over a controlled substance, knew of its presence, and knew of its nature as a controlled substance. The substance must also have been in an amount sufficient to be used as a controlled substance.
Consequences of a Drug Possession Conviction in Utah
Consequences for the conviction of a drug possession charge may potentially include:
- Jail/Imprisonment
- Probation or parole
- Drug testing
- Court ordered counseling or rehabilitation
- Loss of driver's license
- Seizure of motor vehicle
- Search and seizure conditions
- Significant fines
- Other
Defenses to Utah Drug Possession Charges
Defenses to drug charges may potentially include:
- Insufficient evidence
- Factual innocence
- Valid prescription
- Illegal search and seizure
Free Consultation with a Utah Defense Attorney
With Offices in Cedar City and St. George, Utah, the criminal defense attorneys of Douglas D. Terry & Associates investigate and defend against drug possession charges throughout southern Utah. Call (435) 628-4411 or contact us online today for a free consultation.
