Draper Drug Possession Lawyer

A drug possession charge in Draper can feel overwhelming, especially when you’re not sure what the charge means or what could happen next. Under Utah law, possession can be a misdemeanor or a felony depending on the substance and your history, and the outcome can affect your record, your job, and your future for years. Many cases, however, have options worth exploring, including challenging the evidence, reducing the charge, or resolving it without a conviction.

At Ayres Law Firm, attorney Tyler Ayres defends people charged with drug possession in Draper and along the Wasatch Front. We explain each stage of your case, help you understand your options, and prepare you for what comes next. Contact Ayres Law Firm at (801) 255-5555 for a free consultation.

How Utah Classifies Drug Possession Charges

Under Utah Code § 76-18-207, the State must prove you knowingly and intentionally possessed or used a controlled substance without lawful authorization, such as a valid prescription.

The charge level depends largely on the substance’s schedule and your prior convictions. Possession of a Schedule III, IV, or V substance, a listed controlled substance, or less than 100 pounds of marijuana is generally a class B misdemeanor. 

A first or second possession conviction for a Schedule I or II substance, such as methamphetamine, cocaine, heroin, or fentanyl, is generally a class A misdemeanor. Prior possession offenses can increase a misdemeanor charge to a felony, depending on the substance, the number of qualifying convictions, and when the earlier offenses occurred. Possessing 100 pounds or more of marijuana is a second-degree felony.

Common Types of Drug Possession Cases We Handle

We defend clients facing drug possession and related charges, including:

• Marijuana possession: Charges involving marijuana outside Utah’s medical cannabis program.
• Methamphetamine, cocaine, and heroin possession: Schedule I and II substances that carry more serious penalties.
• Fentanyl possession: Cases involving pills or powders that may contain fentanyl or related substances.
• Prescription drug possession: Opioids, benzodiazepines, or stimulants possessed without a valid prescription.
• Drug paraphernalia: Pipes, scales, and other items alleged to be used with controlled substances.
• Possession with intent to distribute: Cases where quantity, packaging, or other evidence leads prosecutors to allege more than personal use.

Penalties for Drug Possession

Penalties depend on the offense level. Under Utah’s general sentencing ranges, a class B misdemeanor carries up to six months in jail, and a class A misdemeanor carries up to 364 days. A third degree felony carries up to five years in prison, and a second degree felony carries one to 15 years. 

Depending on the case, a sentence may also include fines, surcharges, probation, drug testing, or treatment. A conviction may also affect employment, housing, professional licensing, immigration status, and firearm rights. 

Alternatives to Conviction in Utah

Depending on your charges, history, and available programs, alternatives may include a plea in abeyance, diversion, or drug court. A plea in abeyance holds a guilty or no-contest plea while you complete agreed conditions, potentially allowing the charge to be dismissed or reduced. Diversion and drug court may also offer paths to dismissal or reduced charges, depending on the agreement or program.

A plea in abeyance can still count as a prior conviction for a later possession charge, even if the earlier charge was reduced or dismissed. To discuss which options may be available and what they could mean for your record, call Ayres Law Firm at (801) 255-5555.

What Happens After a Drug Possession Arrest in Draper

A drug possession case generally involves these stages, although the sequence depends on the charges and circumstances:

1. Booking and an initial appearance. After an arrest, you’ll typically be booked and either released or brought before a judge for an initial appearance.
2. Arraignment. You’ll hear the formal charges against you and enter a plea.
3. Discovery and evidence review. Your attorney reviews the prosecution’s evidence, which may include police reports, lab results, and video. Felony cases may also involve a preliminary hearing.
4. Motions and negotiations. Depending on the evidence, your attorney may challenge how it was obtained, ask the court to exclude certain evidence, or discuss potential resolutions with the prosecutor.
5. Trial preparation. If your case is not resolved before trial, your attorney prepares to challenge the prosecution’s case and present your defense.

These stages can overlap, and not every case follows the same path.

Clearing Your Record After a Drug Charge

Utah offers several paths to expunge eligible drug possession records. If your case is dismissed or you’re acquitted, you may qualify to expunge the arrest and case records. Utah’s Clean Slate law also allows automatic expungement of certain misdemeanor records, generally after seven years for class A drug possession and six years for qualifying class B misdemeanors. Eligibility depends on your criminal history, payment of required financial obligations, and other statutory requirements. 

Petition-based expungement may be available after five years for an eligible felony drug possession or class A misdemeanor conviction, or four years for a class B misdemeanor. These waiting periods generally begin after the latest of the case ending, release from incarceration, or completion of probation or parole. Considering expungement early can help you evaluate the long-term effects of a proposed resolution.

Common Legal Defenses Against Drug Possession Charges

Every case is different, but common defenses include:

• Unlawful search and seizure: Evidence found during an illegal traffic stop, search, or seizure may be suppressed.
• Lack of knowledge: When drugs are found in a shared car or home, whether you knew they were there may be a central issue. 
• Lack of possession or control: Being near drugs isn’t the same as possessing them.
• Lab testing problems: The substance must be properly identified and handled, and testing errors or chain of custody gaps can be challenged.
• Valid prescription: A valid prescription may establish that your possession was lawful.
• Overdose reporting defense: Utah law provides an affirmative defense to certain possession charges arising from an overdose event when statutory reporting and cooperation requirements are met.

Why Choose Tyler Ayres As Your Draper Drug Possession Attorney?

Ayres Law Firm brings more than two decades of criminal defense experience to helping people navigate charges in Draper and along the Wasatch Front. We take time to answer your questions, explain the decisions ahead, and develop a strategy based on your circumstances.

You can expect honest assessments and realistic expectations, not promises about outcomes. Contact Ayres Law Firm at (801) 255-5555 to discuss your drug possession charge and understand what is around the next corner.