Drug Crimes in Weber County
Probably the most prevalent drug in America is marijuana and going along with that, the most common drug offense is possession of marijuana. In Utah Marijuana is a class B misdemeanor no matter how much marijuana a person has, or even if they have it legally under another states medicinal marijuana laws. The class B misdemeanor is the starting point for marijuana possession charges and it only goes up from there. Penalties for a class B misdemeanor could include 6 months in jail and a $1,000 fine. Along with marijuana possession charges, drug-free zones and DUI Metabolites are other offenses that could factor in and cause more severe penalties.
Utah Marijuana Rules
Although some consider marijuana to be “not a big deal” the criminal justice system has expressed a decidedly different point of view. With under an ounce of marijuana resulting in a class B misdemeanor it shouldn’t come as much of a surprise to find that those charges escalate rather rapidly and possession of over a pound of marijuana is a felony. On top of the criminal charges and penalties associated with such, any type of marijuana conviction results in suspension of the person’s driver’s license, and any type of drug crime on a person’s record can diminish that person’s employment opportunities.
Likely Outcomes for Marijuana Charges
Giving an estimate on what the likely outcomes are for a marijuana possession charge is very difficult and depends on a lot of moving parts.
One of the biggest factors is prior criminal history. If the defendant has prior criminal convictions on his or her record then depending on the type of charges and how recent they were it may be extremely difficult to get a decent plea offer from the prosecution. One of the best offers a defense attorney can get from a prosecutor for their client is a Plea in Abeyance (PIA), which is usually off the table if the defendant has prior convictions.
One of the other factors that can affect possible outcomes is where you were charged. Every county, district, judge and prosecutor is different, and they all do things differently. In Logan for example possession charges are dealt with much more harshly then other courts in the state.
Substance Abuse Evaluations
One of the most common sentencing terms we see in marijuana possession cases is the requirement for the defendant to complete a substance abuse evaluation and follow the recommendations. When drug charges are involved prosecutors and judges are concerned that the offense is part of a problem with addiction. Therefore the substance abuse evaluation is meant to help identify and in theory resolve any addiction problems the defendant may have.
The effectiveness of this requirement aside, the reality is that most people charged with marijuana possession will have to go through a substance abuse evaluation whether the take a plea deal or are convicted after trial. The evaluation is a fairly simply process where the defendant sits down with a counselor and discusses their drug use. The tougher part of this requirement is that the defendant has to follow the recommendations that the evaluator provides which often include substance abuse classes and sometimes random drug testing.
Contact Ogden Criminal Defense to Learn More
With the help of a determined and strong defense attorney you can give yourself the opportunity to have your charged dismissed or severely reduced. Because of how Utah’s laws are written an experienced an attorney can significantly benefit your case through aggressive defense. Call us to find the legal help you need. Our attorneys understand that you are innocent until proven guilty and they will fight tirelessly to defend your freedoms. Call 801.823.1200 or email us today to set up a free consultation.