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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Felony DUI Charges in Provo

If you are charged with your third DUI or more, you will likely be facing a felony charge. Felony DUI Charges in Provo come with a real risk of serious jail or prison time so it is important to speak with a lawyer as soon as possible. If you are a family member and your loved one is being held in jail after being arrested on a felony DUI, we can help get the bail addressed. Often the bail amount is initially set very high.

Felony Drug Charges

Felony drug charges are one of the most common types of felonies filed in Utah County. Having a large amount of drugs or having paraphernalia such as scales etc., can land you a felony drug charge. Even if you do not have a prior record, if you are charged with a felony drug related crime, you should seek the assistance of counsel. Even the lowest felony charge runs the risk of prison time. To speak with a Felony Drug Defense Attorney at our firm today call 801.800.8246.

Violent Crimes

Violent crimes are often charged as felonies. Assault, domestic violence, and other related violent offenses, if felonies, are often aggressively pursued by prosecutors. There is no doubt you will need a lawyer if you are facing one of these types of crimes. We can help.

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Everyday around there are crimes committed that the police do not see or ever find out about.  Some of us may call the police to report a crime and give information so the offender is caught and charged with a crime.  Some people, however, decide to take the law into their own hands to stop crime from happening.  Such was the case with one Orem man who pulled over a person for an alleged traffic crime that took place in Orem.  The man thought he was doing the community a service by stopping the man but he ending up being convicted of impersonating a police officer.  Impersonating a police officer is a type of fraud for which a judge does not view kindly.  Because impersonating a police officer can have serious consequences, it’s important for anyone accused of it to contact a Provo criminal defense attorney from Criminal Defense Provo immediately.

Orem Man Thought Drug Crimes Were Happening

The Orem man, Mark Vreeland, convicted of impersonating a police officer was sentenced yesterday to 4 days in jail, a $250 fine, 24 hours of community service, and 12 months of probation.  The incident happened when Vreeland forced a another man to pull his car over for supposedly running a stop sign.  Vreeland was wearing a hat that said “ICE Police.”  The man pulled over was from Brazil and Vreeland began asking questions about his immigration.  Then Vreeland accused the man of being involved in a drug operation.  He said that he had to know about drug crimes because he came from a Hispanic friend’s house with a Cadillac and that suggested drug crime evidence.

Mr. Vreeland may have believed he was doing a service to Orem City by fighting traffic and drug crimes but his actions landed him in jail.  Luckily, Mr. Vreeland had an attorney representing him otherwise his punishment may have been worse.  It’s important for anyone charged with a drug crime, traffic crime, or any other crime to contact a Provo criminal defense attorney.

A Provo Criminal Defense Attorney Will Help You

If you have been charged with impersonating a police officer or any other crime, contact a Provo criminal defense attorney from Criminal Defense Provo.  A Criminal Defense Provo attorney will help defend against your criminal charges and work with the prosecutor to keep your punishment at a minimum.  Call us today at 801.413.1753 to speak with one of our lawyers for free.

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The debate on the legality of marijuana possession continues to rage in American especially as the current election season is ratcheting up.  Some candidates believe marijuana should be legal while others believe the marijuana laws need to be more harsh.  Each state handles marijuana possession differently as well.  California allows medical marijuana and treats smoking weed as an infraction instead of a misdemeanor or felony.  Utah is much different then California though.  Utah law treats possession of marijuana more harshly than some states and police forces in cities like Orem, Provo, and Lehi actively seek to bust people for smoking weed.  A Provo criminal defense lawyer fights weed charges and protects those charged with drug crimes.

Provo and Orem See Large Amounts of Marijuana Charges

Because the Provo/Orem area is home to two universities, they especially see their share of marijuana possessions.  Many young people smoke weed and because Utah Valley University and Brigham Young University are in the Provo/Orem area, there are many college age students living in this area who are charged with marijuana possession.  Marijuana charges are more common than people realize.  There are also many high schools in Utah Valley so many teenagers are charged with smoking weed too.  Marijuana possession is a class B misdemeanor meaning a person could conceivably be sentenced to 6 months in jail and pay a $1,000.00 fine.  A person’s driver’s license can also be affected when one is caught with marijuana.  Smoking weed may seem like a harmless activity by many, but there are serious consequences unforeseen by many people, especially younger adults.

Police from cities like Provo, Orem, Lehi, and Spanish Fork actively seek out juveniles and young adults because they can often find marijuana in their possession.  Anyone who does get into trouble because of drugs should not speak to police about it but remain silent and call a Provo criminal defense lawyer.  A drug crime is a blotch on a person’s record and a drug crime lawyer from Criminal Defense Provo can help keep a crime off a person’s record.

Contact a Drug Lawyer Today

If you have been charged with possession of marijuana or another drug crime, get a free consultation with a drug crime lawyer from Criminal Defense Provo.  Our attorneys will tell you the different options you have to fight your charge and what your best outcome will likely be.  Call 801.413.1753 to set up an appointment today.

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Drug Laws and Resisting Arrest

In the case above of Remo Espinoza, he was obviously facing some serious felony and misdemeanor drug charges before the arrest, but because of his actions when police came to the home he ended up with an additional first-degree felony, and a class B misdemeanor. Resisting arrest or assaulting a police officer never works, and always ends up costing an individual more heartache, especially if they are actually guilty of the original offense. The best advice that can be given to anyone in such a situation is to cooperate with police and not tell them anything until you talk to an attorney.

Utah Criminal Defense Attorney | Provo, Orem, & American Fork

If you are facing drug charges or any other criminal charges in Utah County then call Provo Criminal Defense today. Our attorneys are experienced in defending against criminal charges and can help you obtain the best outcome available. We understand that you are innocent until proven guilty and we will work tirelessly to protect your rights. Call or email us today to set up a free consultations and get your questions answered.

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If you live in Utah Valley, you have probably had many different experiences with Provo, Orem, and other city police.  Having law enforcement in Utah Valley is a necessity to ensure society is safe and orderly.  Sometimes Provo, Orem, and other city police use their power in ways that violates a person’s individual privacy rights.  In the name of protecting the community, Provo and Orem police will use trickery and deception to catch people breaking the law.  On a popular TV show, an episode had the police pull over a vehicle for speeding.  The police were not concerned with a dead body in the back seat of the car that was covered in blood but made a forceful arrest on a person in the car for marijuana possession.  The show was attempting to make fun of police obsession with drug crimes but its exaggeration was understood: police officers focus heavily on busting people for drugs.

Provo and Orem Police Will Get You to Talk

Because Utah Valley police officers fight drug crimes a lot, they know the tactics and practices that will result in a drug arrest.  One of the most common ways Provo and Orem police catch drug violators is by having the violator admit to having a controlled substance such as marijuana or prescription drugs.  People often admit to having drugs and then allow an officer to search their vehicle or home.  A person should never admit to anything but should stay silent during any police investigation.  If someone is going to talk to police, he or she shouldn’t do it without a Provo criminal defense lawyer.

A person has a right to remain silent.  This means that people do not have to tell police officers anything besides who they are.  Police officers will often ask personal question like “Where are you going” or “What are you doing”.  A person is not obligated to answer these questions.  A person without a Provo criminal defense lawyer should never answer questions from a police officer.  The officer may say things like “if you cooperate we’ll go easy on you” or “I will take you to jail if you don’t cooperate”. Don’t believe what officers say.  Most of the time they are saying things to get people to admit to drug crimes.  Never admit to anything.  Make the officer do the work if he really believes you have marijuana or other drugs and then call a Provo criminal defense lawyer.

We Will Talk to Provo and Orem Police For You

If you have been charged with marijuana possession or another drug crime, don’t speak with anyone until you have spoken with a Provo criminal defense lawyer.  One of our attorneys will protect your criminal rights and make sure you don’t say anything that will later hurt you in court.  Consultations are free, so call 801.413.1753 to speak with a Provo criminal defense lawyer today.

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Last week Gareth Bozung had a hearing before Judge Claudia Laycock to determine whether or not his confession to police would be admitted into evidence at trial. Bozung’s defense attorney’s wanted to suppress the confession because as they stated Bozung was so confused and unfocused that he could not have understood the Miranda warnings and thus the confessions were not admissible. Originally Judge Laycock ruled in favor of the defense stating that the prosecution could not use the confession but that ruling was later overturned by the Utah Supreme Court and sent back. Bozung is facing charges of possession, distribution, and obstruction of justice. Bozung allegedly sold heroin to Joshua Ruzicka in 2007, shortly before Ruzicka overdosed and died.

Utah Drug Laws

The judges ruling last week was a big hit for Bozung’s defense and he is now likely facing jail time. With the drug crimes of distribution and possession being separate offenses, the prosecution can charge an offender with multiple charges and increase the likelihood of conviction as well as increasing the possible penalty. Utah drug laws also allow for a drug free zone enhancement, meaning that if the crime took place within a certain distance of a school, church, daycare or other defined location, then the penalties are increased.

Utah Drug Crimes Attorney

It’s been four years since the offense in Bozung’s case mostly because the defense attorneys are fighting zealously for Bozung’s rights. Although some may consider Bozung not worthy of protection simply because he has been charged, here at Provo Criminal Defense we understand that everyone is innocent until proven guilty. The criminal justice system allows and requires that defendants zealously defend themselves. If you have been charged of a crime, such as a drug crime, call Provo Criminal Defense today to help you get the protection you need and deserve.

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Troy Brewer, a former police officer for Provo City resigned from the force after it was discovered that he had stolen prescription pills from a residential home. Brewer had first visited the home on a 911 call when he apparently noticed the Lortab pills and then he returned a number of times to the home and stole the pills. The theft was detected from a survelience camera the family had which caught Brewer in the act. The theft was discovered in February 2010 and shortly there after Brewer resigned.

Plea and Penalty

Since the resignation, Brewer has been charged with possession or use of a controlled substance and theft. Just this month Brewer plead guilty to the possession charge and the theft charge was dismissed as per an agreement. Brewer was then sentenced to 6 months probation and a $623 fine, a 15 day jail sentence was suspended.

Provo Drug Crime Defense

The war on drugs has become a very serious issue in America, and as time goes by the penalties for drug offenses continue to become more and more harsh. Drug crimes involve serious consequences and need to be taken seriously. If you are facing drug charges you need an attorney to help protect your rights. Call a Provo Criminal Defense lawyer to make sure you get the best outcome available.

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State v. Robinson

In August of 2007, Chance Robinson was stopped by Lehi City police on suspicion of driving without insurance. During the stop Robinson had trouble speaking and his eyes were bloodshot so one of the officers administered multiple sobriety tests. Robinson failed these tests and was arrested for DUI. Robinson was later tested for drugs, and he tested positive for methamphetamine. The State charged Robinson with possession or use of methamphetamine among other charges.

Constitutional Arguments

While there were a number of constitutional arguments made the two main arguments were that the statute violated due process under the Utah Constitution and that the statute violated the Uniform Operation of Laws Clause of the Utah Constitution. The due process argument was made in a couple of different ways but was basically stating that an offense was based on an act in the past that could have taken place in another state with kinder possession laws. So the offense is based on the body taking a while to get ride of the drugs in its system, and this does not allow for a person a reasonable opportunity to comply with the statute. The Uniform Operation of Laws argument was basically stating that the statute is not applied equally to all people because two peoples bodies could digest the drug at a different rate and they could thus be charged with different levels of offenses for different amounts when they did the same thing. The Court rejected both of these arguments and held that the statue was constitutional.

Provo Criminal Defense Attorney

The importance of this case is that it establishes precedent that this statute is constitutional and it will be very difficult to argue in the future that it is otherwise. If you or your attorney is not aware of this case and try to argue the constitutionality of this statute you could be wasting a lot of time and money. The criminal defense lawyers at Provo Criminal Defense are experienced in the law and can help you avoid mistakes that could cost you in the long run. Contact us day or night to find out what we can do for you.

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Yesterday the United States Supreme Court issued a decision, called Kentucky v. King, which the Provo police and other Utah County law enforcement agencies are sure to use to their advantage…but to the chagrin of Provo and Utah County residents.

You see in the King case the Supreme Court basically gave Provo police and law enforcement throughout Utah and the United States carte blanche to bust down doors of the homes of people suspected of destroying evidence of drugs.  The decision leaves significant discretion to the police to determine if they should get a warrant or just kick down the door of someone’s house they suspect to be destroying evidence of a drug offenses.

In the King case a drug suspect entered an apartment. The police banged on the door, announced their presence, and then heard noises which they believed meant the suspect was destroying evidence.  The police kicked down the door, entered the home, and arrested those present.  The Supreme Court found that the police officers’ entrance by force without a warrant was reasonable.

The Reasonable Standard Very Dangerous to Our Civil Liberties

The Supreme Court basically said that so long as a warrantless entry is reasonable it will be upheld.  What does that mean?  So if a Provo police officer in his own subjective viewpoint believes that kicking down a door on the fear that evidence is being destroyed that is sufficient?  What happened to the Fourth Amendment.  There is essentially no protections left to be secure and safe in our homes from government intrusion.  A police officer can now just make up a pretext that he thought evidence was being destroyed.

Provo Criminal Defense Here to Fight For Your

In spite of this egregious decision from the Supreme Court, we will continue to fight for the rights of defendants and to protect their right to unreasonable searches and seizures.

Let our law firm protect you. For a free consultation, contact us at 801.800.8246.

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