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Drug Possession

Wall-Legal-Drug-PossessionBeing charged with drug possession in Utah can be scary, but it’s not the end of the world. In fact, if you get the right lawyer, your penalties and charges may be reduced. If you’ve been charged, you’re probably full of questions. What charges do I face? What penalties will I suffer? We at Wall Legal Solutions have the answers. We’ll show you how Utah laws are more focused on treatment than on incarceration in these cases, and how this works in your favor.

Drug Possession Charges in Utah

Depending on what kind of drugs you are found carrying in Utah, the charges aren’t always severe. For example, if you are charged with possession of marijuana, you may only face a Class B misdemeanor charge. The second time you are charged, you move up to the next level of consequences, namely a Class A misdemeanor. Charges continue to rise every time the offence is repeated. The length of time in jail also compounds by one year if a gun was involved.

Understanding the different drug classifications can help you sort out what charges you face. Utah classifies drugs into Schedules I, II, III, IV, and V; the lower the number, the more dangerous the drug. A class V drug, for instance, is on par with less than an ounce of marijuana. The charges are as follows:

  • Schedule I or II: third degree felony
  • Schedules III, IV, or V: class B misdemeanor
  • Marijuana: class B misdemeanor

There are four felony tiers: Capital, First, Second, and Third. Likewise, there are three misdemeanor levels: Class A, Class B, Class C. The more an offence is repeated, the higher the consequence. A class A misdemeanor such as carrying a Schedule V drug rises to a third degree felony upon repeated charges. A felony is a major crime that can land you in prison with a fine. A misdemeanor is punished with county jail time and a potential fine.

Penalties for Drug Possession in Utah

The penalties for drug possession in Utah usually equal prison or jail time and a fine. A third degree felony equals 0-5 years in prison and a fine up to $5,000. A class B misdemeanor equals up to 0-6 months’ jail time and up a $1,000 fine.

The recently adopted Justice Reinvestment Initiative encourages treatment over jail time. This means that although those faced with drug possession charges can very well receive jail time in exchange for their crime, they might not. The initiative encourages courts to levy opportunities for recovery instead of only incarceration.

Those on probation can reduce their time in jail based on a release that is closely supervised. Those charged with drug possession are being offered the opportunity to take a class on substance abuse or joining a recovery program.

Wall Legal Solutions Is On Your Side

Facing any kind of legal charge isn’t fun. The prospect of jail time for possessing drugs can be scary, but you don’t have to face your charges alone. The experienced professionals at Wall Legal Solutions are here to help you navigate the court system, and find best outcome for your situation. We have successfully addressed many facets of the law, including criminal charges, family law, and more. If you’re facing charges for drug possession, give us a call at 801-441-2388 or contact us here for a free consultation.

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