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Expert DUI Defense: Your Trusted DUI Lawyer in Utah

There are no mandatory minimum penalties in Utah other than the standard mandatory penalties for the various levels of offenses. A Class B misdemeanor carries a maximum sentence of up to six months in jail, a second degree felony carries a maximum sentence of one to 15 years in prison, and a third degree felony carries a sentence of up to five years in prison. Ultimately, the punishments depend on the specific facts of the case, the defendant’s prior criminal history, and some of the circumstances surrounding the defendant.

Will I Go To Jail For A Small Amount Of Marijuana?

It’s possible to go to jail for a small amount of marijuana; it would be up to the individual officer to decide whether or not they want to exercise that discretion. In most cases, a person would just be issued a citation and released with a promise to appear in court, but sometimes people are taken to jail, especially in rural jurisdictions.

Will I Lose My Driver’s License If I Was Arrested For Possession Of Marijuana?

A person will not lose their driver’s license simply for an arrest. However, if they are convicted of an offense involving the use of substances under the Controlled Substances Act or the Utah Drug Paraphernalia Act, then their Utah license would be suspended. If they do not possess a Utah license, then their privilege to drive in Utah with their out-of-state license would be suspended. In other words, a file would be created for the person and they would be considered a suspended driver in Utah. The out-of-state license would remain valid in the other 49 states unless and until the issuing state were to take action on the license. The question of whether or not the issuing state will in fact do so is a question of that state’s individual state law, and it usually comes down to whether or not that state would take a suspending action for the conviction of a similar offense.

Do You See A Lot Of Drug Trafficking In Marijuana Cases Where People Are Trying To Take Drugs Across State Borders?

There is a lot of drug trafficking in the marijuana cases we see, which is probably because there is a heavy focus on interjection in Utah. Officers in Utah will find an articulable reason to perform a traffic stop, especially on out-of-state drivers with out-of-state license plates and rental cars. The reason for a stop could be something as simple as staying at a signal for two seconds too long, a window tint that is over the 43 percent threshold in Utah, following too closely, impeding traffic, or any other kind of moving or traffic violation. Once someone has been pulled over, officers will often claim to smell the odor of marijuana in order to show probable cause to search the vehicle. In most cases, it’s all downhill from there.

Should I Go To Drug-Related Counseling Before, During Or After My Marijuana-Related Case?

It is advisable to take affirmative, recuperative, therapeutic action to either address the problem that’s there or find and confirm that there is no problem. Seeking drug-related counseling is about putting one’s best foot forward and demonstrating responsibility to the judge and prosecutor. It also demonstrates that the individual is being proactive. With that said, I can never tell anyone whether or not they should seek counseling; that’s a decision that an individual needs to make on their own. As a defense lawyer, it certainly helps to show the prosecutor and judge that the person is doing everything they can to respond positively, affirmatively, and in a healthy way to the negative incident in their life.

For more information on Penalties For Marijuana Related Conviction, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (801) 455-1743 today.

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