subject: Picked Up on a Drug Charge in Utah? Don't Be Your Own Worst Enemy – Attorney Tells All [print this page] Picked Up on a Drug Charge in Utah? Don't Be Your Own Worst Enemy Attorney Tells All
As a Salt Lake City, Utah criminal defense lawyer, I have observed many common defense issues present in most drug possession and drug paraphernalia charges. Generally, evidence that supports drug charges is obtained from the Defendant himself or herself. This means, that the defendant actually offers incriminating evidence to the police.
Searches are often not constitutionally permissible. Many times, police do not have the right to search an automobile, a house, a defendant, a backpack, or any other personal item. Citizens are not required to consent to having the police search any personal area or item. Police often request permission to search indicating that you may be charged and they want permission to search to make sure you are not guilty. Police are not looking for evidence to set you free. Any request to search is made in order to obtain evidence of a crime. You have an absolute right to refuse a search. After that, the police need a warrant or probable cause to search.
Admissions are often made by Defendants. The law does provide every citizen with the right not to provide evidence against himself. This means you can simply state that you do not want to answer questions. This is true even if you are arrested.
You do have the right to request an attorney. One advantage to indicating you wish to have a criminal attorney is that the police must stop their questioning once an attorney is requested; otherwise, statements made to police can be thrown out as evidence.
Drugs and paraphernalia are often found in areas accessible to more than one person. This means that in order to prove "possession" the police or prosecutor must demonstrate that there is some link between the drugs and the Defendant. Always document the people who may have had access to the area where drugs are found. The less evidence police have that connects you to the illegal item, the better your case. The more evidence the police have that the illegal item was accessible to other people, the more room I as your Utah criminal defense lawyer have for a defense.
