Herriman, UT asked in Criminal Law for Utah

Q: was charged with possession 58-37-8(2)(D) and use or possession 58-37A-5(1) both misdemeanors. in SLC,UT what to expect?

what do I expect in court? I did exercise my 5 amendment.

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3 Lawyer Answers
Cliff Venable
Cliff Venable
PREMIUM
Answered
  • Criminal Law Lawyer
  • Salt Lake City, UT
  • Licensed in Utah

A: Both of these charges have a maximum punishment of 180 days in jail, but you should not expect jail time. If you are convicted you should expect to lose your license for 6 months and to be ordered to do a substance abuse assessment and treatment. You should talk to an attorney about possible motions to suppress, trial defenses and ways to avoid the collateral consequences of a conviction.

William Melton
William Melton
Answered
  • Criminal Law Lawyer
  • Taylorsville, UT
  • Licensed in Utah

A: Possession is a simple class B misdemeanor. Your first hearing is an arraignment where you will just enter a plea (guilty or not guilty). I would suggest entering a plea of not guilty and contacting an attorney. Depending on your record the prosecutor will likely offer you some sort of plea deal, but an experienced attorney will request your discovery and see if there are any additional defenses and see if there is something in the discovery to get you a stronger deal. If you don't have the money for an attorney ask the court to appoint you one. The typically fine for a possession charge is $680 for the possession and $680 for the paraphernalia and jail is usually suspended (although you could face up to six months on a class B).

Christopher J. Salcido
Christopher J. Salcido
PREMIUM
Answered
  • Criminal Law Lawyer
  • Sandy, UT
  • Licensed in Utah

A: To give you a good idea on what to expect we would need to know more about the circumstances involved and your criminal history if any. If this is a first offense for marijuana possession, and assuming you are hiring counsel, you might be able to get this resolved in a better way than you may initially think. Speak with a criminal defense attorney as soon as you can. Most of us offer free consultations over the phone.

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