Utah Drug Trafficking Defense Attorney

Salt Lake City Drug Distribution Defense Lawyer

Drug Possession with Intent to Distribute

Drug trafficking, distribution, or possession with intent to distribute offenses carry penalties much more severe than simple drug possession crimes. In fact, an intent to distribute charge is almost always a felony offense and can lead to severe consequences, which may include many years on the Utah state or federal prison.

If you are facing a charge like this, call Brent Smith and associates now at 801-364-6454. Even if you are guilty, you still have rights that must be protected. Trying to handle the matter on your own can have disastrous consequences.

For example, a Utah man with no prior criminal record was recently sentenced to 55 years in prison for selling marijuana on just a handful of occasions.

In a nutshell, the severity of drug trafficking and intent to distribute charges depends on a number of factors, most commonly including:

• 1) the type of drug involved (for example, cocaine, meth, and heroine is far worse than marijuana)
• 2) the type of buyer involved (for example the crime is much worse if it involves a buyer that’s a minor)
• 3) the relationship the seller and buyer have (for example, the crime is much worse if the seller is a teacher, and the buyer is one of his or her students).
• 4) whether or not the offense occurred within certain "drug free" zones (in Utah, there are zillions of drug-free zones).
• 5) the quantity of the drug involved
• 6) the criminal, educational, and social history of the defendant
• 7) the age and mentality of the defendant
• 8) the quality of the defendant’s attorney
• 9) the thoughts and feelings of the prosecutor and the judge

Type of Drug

Most jurisdictions treat drugs like heroin, cocaine, Meth, LSD, more seriously than marijuana. Federal drug statutes establish schedules of controlled substances, defining and classifying illegal drugs. State schedules refer to, or are based upon, federal schedules. Drugs included on these schedules are referred to as "Controlled Dangerous Substances" (CDSs), and are used to determine the treatment of various drugs. If you are facing a charge like this, call Brent Smith and associates now at 801-364-6454. Even if you are guilty, you still have rights that must be protected. Trying to handle the matter on your own can have disastrous consequences.

Drug Free Zones

Certain areas of Utah are referred to as Drug Free Zones (DFZ’s). DFZ’s are areas that are designed to protect certain classes of people from being exposed to controlled substances. If you are arrested in a DFZ for a drug charge, the offense will automatically be increased one degree. Below is a list of areas considered DFZ’s in Utah:

• 1. Within a 1,000 feet from a public or private elementary or secondary school.
• 2. Within a 1,000 feet from a public or private vocational school or post secondary institution.
• 3. In any portion of any building, park, stadium, or other structure that is at the time being used for any activity sponsored by or through a school or institution listed in paragraphs 1 or 2.
• 4. Within a 1,000 feet from the grounds of a preschool or child-care facility.
• 5. In a public park, amusement park, arcade, or recreation center.
• 6. Within a 1,000 feet from the grounds of a house of worship.
• 7. Within 1,000 feet from a shopping mall, sports facility, stadium, arena, theater, movie house, playhouse, or parking lot or structure adjacent thereto.
• 8. In or on the grounds of a library.
• 9. In the presence of a person younger than 18 years of age, regardless of where the act occurs.

If you are facing a charge like this, call Brent Smith and associates now at 801-364-6454. Even if you are guilty, you still have rights that must be protected. Trying to handle the matter on your own can have disastrous consequences.

Quantity of Drug Involved

There is no magic number when it comes to the quantity of drugs needed for a distribution or intent to distribute charge. Law enforcement uses a variety of factors to determine whether or not someone intends to distribute illegal substances. They will look at the circumstances surrounding the offense to attempt to show the intent was to share drugs with others and will focus on the presence of factors such as a large quantity of drugs, packaging materials, scales, possession along with large quantities of cash, or absence of paraphernalia to use the drug.

If you are facing a charge like this, call Brent Smith and associates now at 801-364-6454. Even if you are guilty, you still have rights that must be protected. Trying to handle the matter on your own can have disastrous consequences.

Possible Penalties

Distribution or sale of most drugs is often a second degree felony punishable by a maximum sentence of one to fifteen years in prison and a fine of $18,500, and a person can be charged with many of these crimes. The judge can sentence you, so that all your time run "concurrently" (at the same time), or "consecutively" (meaning "back-to-back" time. You serve for one crime, then after that, the time for the next crime starts).

Incarceration is much more likely in situations where the facts of the case suggest you are not just a user who sells to feed a habit, but is rather someone who is engaged in the drug business for profit. Utah is fairly lenient on the first times, but has little patience for the hardened drug pusher. Federal courts on the other hand, are more or less bound by federal sentencing guidelines, and will impose extremely stiff sentences in distribution and intent to distribute offenses.

If you are facing a charge like this, call Brent Smith and associates now at 801-364-6454. Even if you are guilty, you still have rights that must be protected. Trying to handle the matter on your own can have disastrous consequences.