In Utah, the crime of possession with the intent to distribute a controlled substance is punishable in the same manner as a charge of drug distribution.
A conviction requires proof beyond a reasonable doubt that you knowingly and intentionally "possessed" the drug in question. If you were merely present at the place where the controlled substance was found, that fact alone is insufficient to prove that you were in possession of a controlled substance.
The charge also requires proof that you possessed the drugs with the intent to distribute them to another. The type of evidence that shows an intent to distribute the drugs can include the following:
For a solid defense, your criminal defense attorney must show all of the reasons why there was not sufficient evidence that you had control over the drugs you are charged with intending to distribute. Alternatively, another defense is to show that your possession was only for personal consumption and not with the intent to distribute or sell the drugs to another person.
If you were charged with possession of a schedule I or II controlled substance with intent to distribute, contact an experienced criminal defense attorney at Brown, Bradshaw & Moffat, LLP. Our attorneys are experienced in fighting a wide range of drug crimes cases from simple possession to drug trafficking. Let us put our experience to work for you.
Call us at (801) 532-5297 today.
The crime of possession of a controlled substance with intent to distribute requires proof beyond a reasonable doubt of each of the following elements:
The existence of a sufficient connection to prove constructive possession is a highly fact-sensitive determination. The court will consider a host of factors to determine whether constructive possession has been proven. While the list of factors are helpful in determining whether constructive possession can be proven, the list is not exhaustive.
The penalties for crimes related to the possession of a controlled substance with the intention to distribute the drugs to another person depend on a variety of factors including the type of drug possessed, whether a firearm was used in connection with the possession, and the location where the possession occurred.
The crime of possession of a controlled substance (Schedule I or II) with intent to distribute is a second-degree felony under Utah code 58-37-8. This penalty applies to controlled substances such as opium, cocaine, heroin, LSD, and methamphetamines. For a second offense, the crime is classified as a first-degree felony.
For marijuana, possession with intent to distribute any amount under 100 pounds is charged as a third-degree felony. A second offense, or any amount that is 100 pounds or more, is charged as a second-degree felony. Possession with intent to distribute Schedule III and IV drugs is also charged as a third-degree felony.
Other penalties that apply if a person is convicted of possession with the intent to distribute include a Utah driver license suspension. A drug conviction will also disqualify the accused from some types of federal student aid or housing options.
If it is determined beyond a reasonable doubt that you committed the crime of distribution of a controlled substance or possession of a controlled substance with intent to distribute, the jury will also be asked to decide whether you used a firearm during the commission of that crime.
According to the code, if a firearm was used, carried, or possessed on the person or in the person's immediate possession during the commission or in furtherance of the offense, the court shall additionally sentence the person convicted for a term of one year to run consecutively and not concurrently; and the court may additionally sentence the person convicted for an indeterminate term not to exceed five years to run consecutively and not concurrently.
Generally, a violation of any of these enhances the severity of the crime by one degree. For example, if the classification would have been a second-degree felony, it would become a first-degree felony. For those crimes that were already a first-degree felony without the enhancement, the crime is still a first-degree felony. However, the person convicted becomes ineligible for probation and the execution of the sentence may not be suspended.
For purposes of the enhanced penalties, Utah law provides that the defendant's belief or ignorance about whether the location was one of the locations identified above is not a defense. It is also not a defense that the defendant did not know the person was under 18 years of age.
This is not an exhaustive list of penalty enhancements. For more, read through Utah code 58-37-8.
At Brown, Bradshaw & Moffat our experienced drug defense attorneys can help you with asserting an aggressive defense at each stage of your possession with intent to distribute case.
Call (801) 532-5297 to get started today.
