Q: Im wondering what an affirmative defense means in utah pertaining to an overdose and who can claim it and how
Im wondering if the person who overdosed can claim affirmative defense and how it works. Its 58-37-8(16) of the utah crimial code im wondering about. About a month ago i overdosed and i was arrested. Now im facing possesion charges. I dont have a lawyer so i have been trying to research as much as i can and i came across this affermitive defense in an article. I think i should be able to use it but i need to know for sure i go back to court in 2 weeks and need to know if i should get a laywer or take my chances with a P.D. if i even qualify for one any help on this would be great
A: Too many deetails undisclosed in your question - contact an experienced criminal defense attorney in your area for a consultation.
Mike Branum agrees with this answer
A: As Mr. Cramer has stated, you really need an attorney whether you qualify to have one appointed or whether you are able to retain private counsel. You can argue an affirmative defense, but that defense would be argued at trial and over 90% of criminal cases resolve before trial. Counsel will be able to ensure you receive the best possible plea offer from the prosecutor. Trial is always a gamble and usually a last resort, particularly for misdemeanor charges.
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