I handle all my cases personally, and I approach every case by trying to get it dismissed, even if it seems like it’s impossible at the outset. What I do is work hard on the case, go into the very nitty-gritty details, and establish as many facts as possible by going through the evidence with a fine-tooth comb. That includes all the reports, the supplemental reports, all of the available audio and video, dash-cam, and body-cam evidence. When a case involves a K9 drug dog, we investigate fully the dog’s history, the dog’s training, and the dog’s performance previously, as well as all of those things having to do with the dog’s handler. I realize that people caught possessing or distributing controlled substances are oftentimes not criminals. I don’t judge my clients ever, and I understand that people may use or involve themselves in drugs for a number of reasons. My focus is on giving my clients the best legal defense possible in court and to secure the best outcome possible for each given case.
Additional Information On Drug Offenses In Utah
About a year and a half ago, the Utah legislature completely amended the legislative scheme for charging possession of marijuana. Before the change in October 2015, the level of offense that was charged, and whether it was charged in the municipal or more severely in district court, taking distribution out of the equation, was determined by the quantity. For instance, possession of under an ounce of marijuana was a class B misdemeanor, possession of 1 to 16 ounces or a pound was a class A misdemeanor, possession of 1 up to 100 pounds was a third degree felony, and anything above a 100 pounds was a second degree felony. The legislature completely did away with this tiered approach and has said in the law anything up to a 100 pounds is class B misdemeanor, and anything over 100 pounds is a second degree felony, which is a very large jump.
Prosecutors are still charging possession with intent to distribute for an unknown and arbitrary number of pounds of marijuana, based on the premise that anything in that realm of quantity is beyond a personal use amount, and therefore must be possessed with intent to distribute.
And since the loads are invariably packaged in one-pound bags, prosecutors point to that as evidence of distribution.
For those people who are caught possessing multiple pounds or even dozens of pounds of marijuana, they are charged in the district with a third-degree felony for possession with intent to distribute instead of in the municipal justice court with a class B misdemeanor for simple possess, as the legislature has determined that they.
In my opinion, it’s become an unfortunate use of prosecutorial discretion and executive power, where the legislative power has seemingly determined how these possession cases should be charged, but the executive power in the form of the police and the prosecuting District Attorney are not following that legislative mandate.
For more information on Levitt Legal, PLLC. Handling Drug Offenses, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (801) 455-1743 today.