An Example of Drug Paraphernalia

Almost anyone who has been charged with a drug charge or has sat in a courtroom for a couple minutes has most likely heard the word paraphernalia. Possession of Drug Paraphernalia is a very common charge that accompanies almost any charge for Possession of a Controlled Substance, however it is a fairly vague offense that most people don’t understand.

What is Paraphernalia?

Paraphernalia is colloquially used as a catch all term to describe general items of equipment in relation to a certain subject. When it comes to drug paraphernalia, the legislature has written a very lengthy definition that covers almost anything you can think of. Ultimately, what paraphernalia means as it pertains to drug crimes is any item that is used by an individual to help use the drug, i.e. smoke, ingest, consume, etc…. Or any item used to help grow, produce, or distribute the drug. Obviously, the most common item that fits this definition is a pipe used for smoking marijuana.

Dealing with Paraphernalia Charges

If you have been charged with Possession of a Controlled Substance or Possession of Paraphernalia then you should first contact a criminal defense attorney at Provo Criminal Defense to help you with your case. Paraphernalia is not the most serious charge on the books but it can have some negative effects on your future as any drug offense can. Call or email us today to find out more about what we can do for you in your case.

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For those people under the age of 21 in Utah, the law treats substance abuse particularly hard.  Alcohol consumption for those over 21 years of age is legal but for those under 21 it is not.  This should not be a surprise to anyone.  Throughout the United States alcohol consumption is illegal for those under 21 years of age.  What some people do not realize is that there are negative consequences that result in a alcohol violation by a minor besides possible fines and jail time.  Utah law allows one’s driver’s license to be suspended for up to a year for the unlawful purchase, consumption, or possession of alcohol by a minor on a first offense.  On a second violation of an alcohol offense, a minor’s driver’s license can be suspended for 2 years.  A court can reduce the amount of time a minor’s license is suspended under certain circumstances.  For those minors facing an alcohol violation, it is important to contact a criminal defense lawyer in Provo to find out how their licenses can avoid suspension.

Drug Violations in Utah and Driver’s Licenses

In addition to suspending a minor’s license for an alcohol ticket, a minor’s license will also be suspended for a marijuana possession, other drug possession such as heroine, or possession of drug paraphernalia.  It may not make sense for someone’s driver’s license to be suspended if it was not motor vehicle related but the Utah State legislature seems to believe it will help dissuade minors to not use drugs, especially marijuana.  The problem with the law is that most people do not know their license will be affected by a drug violation.

Until recently, Utah courts were required to suspend the driver’s license of minors if they violated a drug possession or paraphernalia law.  The law was recently amended in the 2015 legislative session and it went into effect in May 2015.  The new law now allows courts to treat drug possession or paraphernalia violations similar to alcohol violations.  Utah courts, including Utah juvenile courts, can reduce or eliminate the suspension of a minor’s driver’s license under certain criteria.  A minor facing a drug possession or paraphernalia charge should contact a criminal defense lawyer in Provo immediately to find out if his or her driving privileges can be saved.

A Provo Criminal Defense Attorney May Be Able to Save Your License

If you are a minor and facing an alcohol or drug violation, contact an attorney from Provo criminal defense.  A Provo criminal defense attorney can give you a free consultation over the phone and let you know if your driver’s license can be saved.  Call 801-800-8246 to speak with an attorney today.

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Utah Law Regarding Child and Adult Endangerment

A person can be convicted in Utah for endangerment of a child or vulnerable adult if a person essentially has a controlled substance or chemical substance in front of a child or vulnerable adult.  Controlled substances include most illegal drugs, such as marijuana, but also includes prescription drugs such as adderall.  A chemical substance is a substance used to make a controlled substance and it also includes the by products resulting from the manufacture of a controlled substance.  This law primarily addresses meth production.

Utah law states that if a person exposes a child or vulnerable adult to a controlled substance it is endangerment.  Exposed means the child or adult is able to access or view an unlawfully possessed controlled substance or chemical substance.  Or, it can mean that the child or adult has the reasonable capacity to access drug paraphernalia.  Finally it could mean the child or adult is able to smell an odor produced during or as result of the manufacture or production of a controlled substance.

Speak with a Provo Criminal Defense Lawyer Today

The child and vulnerable adult endangerment law is written so broadly it that it is easy for it to apply to many people with a substance abuse problem.  This makes it all the more important for someone facing these charges to hire a criminal defense lawyer.  There is an affirmative defense to the charge of endangerment of a child or vulnerable adult.  The defense rests primarily on whether the controlled substance was obtained lawfully.  Without a defense too many people would be charged with endangerment.  If you have been charged with endangerment of a child or vulnerable adult please contact a Provo criminal defense lawyer today.  Our attorneys will be able to help you understand if you have a defense.  Contact a lawyer today by calling 801-800-8246.

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Increasingly throughout the United States marijuana possession and consumption is becoming legal.  Many states allow marijuana possession for medicinal purposes.  Other states treat it as a simple violation akin to a traffic violation.  There are even two states (as of the date of this post), Colorado and Washington, that have legalized marijuana for recreational use.  Despite the current trend of increased freedom of marijuana use, Utah law staunchly prohibits its use.  Currently, simple possession of marijuana is a class B misdemeanor, punishable by six months in jail and a $1,000 fine.  It seems unlikely that these penalties will change in the immediate future.  In addition to a fine and possible jail time, other penalties include a substance abuse evaluation, substance abuse treatment, and community service.  Criminal Defense Lawyers in Provo can help those charged with marijuana possession avoid the harshest penalties of a conviction.

Utah Law Imposes Suspensions for Possession Convictions

One penalty of a marijuana conviction that a judge or prosecutor will not tell a defendant he or she faces as a result of a conviction is the suspension of one’s driver’s license.  Utah Code 53-3-220(1)(c) states that the Utah Driver’s License Division shall immediately suspend someone’s license for six months upon receiving  a record of a conviction for marijuana possession.

Although marijuana conviction results in a suspension of one’s license for six months, Criminal Defense Lawyers in Provo can sometimes successfully keep the court from sending a record of a marijuana conviction to the Utah Driver’s License Division.  Additionally, there are ways to negotiate with a prosecutor to keep a conviction from actually being entered onto one’s criminal history.  Each person’s case is different so its important for those facing marijuana charges to hire a Provo Criminal Defense Lawyer before going to court on a drug charge.

Contact a Marijuana Drug Lawyer Today

If you are facing marijuana drug charges in Utah County, Wasatch County, or the surrounding counties in Utah, contact a Provo Criminal Defense Lawyer today.  Our lawyers will help you through the marijuana drug charge process and will do everything we can to help you keep your driver’s license.  Call 801.800.8246 to speak with a lawyer today.

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