Defenses to Marijuana Crimes under Utah Law
It’s important to remember that a marijuana charge does not automatically indicate guilt. In fact, it is the burden of the prosecution to prove guilt. A criminal defense attorney can be useful in helping find errors committed by law enforcement in arrest, investigation, or collection of evidence. Failure on their part can be an asset in pursing dropped or reduced charges.
A defense strategy may also include filing a Motion to Dismiss if there is not enough evidence to charge you with a marijuana violation. The prosecution must establish beyond reasonable doubt that you were in knowing possession of the cannabis. This means that, at the time of arrest, they must prove that you had actual or constructive possession of the drug.
A Motion to Suppress may be filed by your marijuana defense attorney if the prosecution used evidence obtained illegally. This includes evidence obtained through an illegal seizure of your home, person, vehicle, or other property. The motion would prohibit the prosecution from using this evidence to try and prove your guilt in court.
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