Drug Possession

Draper Drug Possession Attorney

10 Years on Both Sides of Utah’s Courts. Now Fighting for You.

A drug possession charge in Utah isn’t a minor inconvenience. Depending on the substance and your record, you could face anything from a Class B misdemeanor to a third-degree felony, with consequences that reach well beyond the courtroom: your job, your professional license, your housing, and your immigration status can all be affected. At Bautista and Askar, P.C., we represent clients facing drug possession charges in Draper, Salt Lake City, and the surrounding Salt Lake County communities.

Attorney J.G. Askar brings 10 years of experience inside the Utah criminal justice system, having worked as both a prosecutor and a public defender. That dual background means he understands not just how to defend these cases, but how prosecutors build them. Acting quickly after a charge can preserve evidence, surface Fourth Amendment search-and-seizure issues before they’re waived, and help you avoid making statements that could complicate your defense. Our firm has handled hundreds of criminal cases, including over 30 felony jury trials.

A strong defense starts with the right advocate. Speak with a trusted Draper drug possession attorney today. Call us at (801) 761-4671 or contact us online to schedule your free, confidential consultation.

Drug Possession Defense for Draper & Salt Lake City Residents

Whether you’re facing misdemeanor or felony drug charges, our team at Bautista and Askar, P.C. is prepared to provide a strong defense. We handle cases involving:

Possession of Controlled Substances: Including marijuana, cocaine, methamphetamine, and prescription drugs without a valid prescription.
Paraphernalia Charges: Defending against accusations related to drug paraphernalia possession.
Intent to Distribute: We challenge prosecution theories about distribution intent and work to prevent those more serious charges from attaching when the evidence doesn’t support them.

We investigate cases thoroughly, challenge evidence, and pursue every available avenue for reduced charges or dismissal. A drug conviction carries collateral consequences many clients don’t anticipate: impacts on employment, educational opportunities, and professional licensing that can follow you long after the case closes. Where applicable, we incorporate rehabilitation frameworks into sentencing discussions, addressing both the legal charge and our clients’ long-term prospects.

Need Legal Help? Contact Us!

When facing serious criminal charges, you need a defense team that is both strong and experienced. At Bautista and Askar, P.C., we are here to provide you with the expert legal representation you deserve. Contact us today to discuss your case and take the first step toward securing your future. We are ready to stand by your side and fight for your rights.

Get Started

Types of Drug Possession Charges in Utah

Not all possession cases are the same. Understanding what type of possession the prosecution is alleging is critical to building an effective defense.

Actual Possession

The drugs were found on your person, such as in your pocket or bag. Prosecutors must show you had direct physical control over the substance.

Constructive Possession

Drugs found in a vehicle, home, or shared space can support a constructive possession charge. The prosecution must prove you had both knowledge of the drugs and the ability to control them. In a car with multiple occupants, for example, the prosecution’s theory depends on linking you specifically to the contraband, which isn’t always as straightforward as it sounds.

A Draper drug possession attorney can challenge both actual and constructive possession cases by raising doubts about ownership or showing that your rights were violated during the search. Probable cause challenges and Fourth Amendment suppression motions are among the most effective tools available at this stage.

Penalties for Drug Possession in Utah Under § 58-37-8

Utah penalties vary by controlled substance, quantity, and prior record. A drug possession lawyer familiar with Salt Lake County court practices can help you understand what you’re actually facing and where the defense may have leverage.

Marijuana possession (under 100 pounds, first offense):

Class B misdemeanor
Up to 6 months in jail
Up to $1,000 fine

Schedule I or II controlled substances (first or second conviction):

Class A misdemeanor
Up to 364 days in jail
Up to $2,500 fine

Third or subsequent conviction within the seven-year look-back period:

Third-degree felony
Up to 5 years in prison
Up to $5,000 fine

Utah’s penalty escalation counts only prior drug convictions within the past seven years. Enhanced penalties may also apply when drugs are possessed alongside a firearm. Under § 58-37-8(4), the drug-free zone enhancement applies to distribution conduct, not to simple possession, and is triggered within 100 feet of designated locations, including schools, preschools, childcare facilities, public parks, houses of worship, and libraries.

Collateral Consequences of a Drug Conviction in Utah

Incarceration and fines are only part of the picture. Even a first-time misdemeanor conviction creates a permanent criminal record that appears on background checks. The consequences that follow can be just as serious:

Loss of employment or difficulty finding work
Suspension or revocation of professional licenses
Denial of student financial aid
Immigration consequences for non-citizens, including deportation risk
Loss of child custody or visitation rights
Travel restrictions

For Draper residents working in technology, healthcare, finance, or other licensed fields, these downstream consequences can outweigh the criminal penalties themselves. That’s why contesting even a misdemeanor is worth taking seriously.

Alternatives to Conviction: Drug Court & Plea in Abeyance

Utah courts offer alternatives to conviction for some defendants. Drug court programs provide a structured path that may, when completed successfully, result in dismissal of the charge. A plea in abeyance works similarly: a guilty plea is entered but held while the defendant completes defined requirements, and successful completion may lead to dismissal rather than a final conviction on record.

Utah law also provides immunity from certain possession and paraphernalia charges for individuals who call 911 for a drug overdose, provided they remain on scene and cooperate with authorities under Utah Code § 58-37-8. Whether any of these alternatives apply to your situation depends on the charge, your history, and the court. We can assess your eligibility during your consultation.

Continue Reading Read Less

Why Choose Bautista and Askar, P.C.? Our Commitment to Excellence & Justice

Proven Results
Our criminal defense attorneys have a history of achieving successful outcomes for our clients, utilizing their extensive knowledge and strategic approach to navigate complex legal challenges effectively.
Aggressive Advocacy
Committed to fighting for your freedom, our attorneys employ aggressive defense tactics and thorough case investigation to challenge the prosecution's evidence and secure favorable results.
Personalized Attention
We understand that every case is unique. Our team offers personalized attention and tailored defense strategies to address your specific legal needs and achieve the best possible outcome.
Expert Legal Defense
With years of experience and a track record of success, our dedicated criminal defense attorneys provide expert legal representation to ensure your rights are protected.

Why Draper Residents Choose Bautista and Askar, P.C. for Drug Possession Defense

Attorney Askar’s background as both a prosecutor and a public defender in the Utah criminal justice system gives him a concrete read on how Salt Lake County prosecutors build drug possession cases and where those cases may have weaknesses. That dual perspective shapes every defense strategy we develop. We don’t apply a one-size-fits-all approach: we analyze the facts of your case, identify the most viable challenges to the evidence or the stop itself, and build a defense around your actual circumstances.

Flat-Fee Pricing and Direct Communication
For clients in Draper whose careers or professional licenses are at stake, that individualized approach is paired with transparent flat-fee pricing for many cases. You’ll know what your defense costs before we begin, reducing the stress of unpredictable hourly billing on top of an already difficult situation. Attorney Askar provides clients with his personal cell phone number for direct text communication, so you’re not left wondering about the status of your case.

Spanish-Language Service
Attorney Askar is fluent in Spanish, removing a significant barrier for clients navigating an unfamiliar legal system under pressure. We serve Spanish-speaking clients throughout Draper and Salt Lake City.

Rigorous Case Assessment
Every case we accept receives a detailed review of how the stop or search occurred, how evidence was collected, whether chain of custody was maintained, and whether any constitutional violations took place. Evidence obtained unlawfully can be suppressed, and a successful motion to suppress can fundamentally change the trajectory of a case.

Contact Our Draper Drug Possession Attorney Today

A drug possession charge puts your career, your record, and your future at risk. At Bautista and Askar, P.C., we move quickly, communicate directly, and build a defense tailored to your circumstances.

Call us at (801) 761-4671 or schedule a free consultation online to start building your defense today.

Frequently Asked Questions

Can a Drug Possession Lawyer Help Reduce My Charges?

Yes. By identifying weaknesses in the prosecution’s case, such as an unlawful search or insufficient evidence, a drug possession lawyer can argue for reduced charges, a plea in abeyance, or, in some cases, dismissal. Utah’s drug court programs may also be available for qualifying defendants, offering a structured path that can help avoid a permanent conviction. At Bautista and Askar, P.C., we assess every available option for your specific situation.

How Do Drug Possession Defenses Work?

Defenses typically target how the evidence was obtained and whether it can be used against you. If law enforcement lacked probable cause to stop or search you, evidence found during that search may be inadmissible. We also examine chain of custody records, the accuracy of field and laboratory testing, and whether the substance was actually in your knowing possession. Each case requires its own analysis, and we tailor the defense to the facts at hand.

What Should I Do If I’m Arrested for Drug Possession in Draper?

Remain calm and exercise your right to remain silent. Don’t make statements or admissions to law enforcement without a lawyer present. Contact a drug possession attorney as soon as possible. Early involvement can preserve your options and help prevent missteps that are difficult to undo. At Bautista and Askar, P.C., we offer prompt legal assistance to guide you through the process and protect your rights from the start.

What Is the Difference Between Simple Possession & Possession with Intent to Distribute in Utah?

Under Utah Code § 58-37-8, possession with intent to distribute carries significantly harsher penalties than simple possession. Prosecutors typically rely on circumstantial evidence to prove intent: large quantities, individual packaging, scales, substantial amounts of cash, or communications referencing sales. The defense can challenge this by arguing that the same facts are equally consistent with personal use. We examine the prosecution’s intent theory closely and work to keep distribution charges from attaching when the evidence doesn’t support them.

Why Is Local Knowledge Important in Drug Possession Cases?

Familiarity with Salt Lake County court procedures, prosecutorial tendencies, and judicial expectations affects how motions are framed, how negotiations are approached, and which defense angles carry the most weight in a given courtroom. Attorney Askar’s 10 years inside the Utah system, on both sides of the courtroom, means he understands the landscape your case will move through and can position your defense accordingly.

Continue Reading Read Less

Contact Us Today Get the Strong Defense You Deserve

At Bautista and Askar, P.C., we're always ready to take your calls! Give us a call or fill out the form below to contact one of our team members.

First Name
Please enter your first name.
Last Name
Please enter your last name.
Phone
Please enter your phone number.

This isn't a valid phone number.
Email
Please enter your email address.

This isn't a valid email address.
Are you a new client?
Please make a selection.
How can we help you?
Please enter a message.
By submitting, you agree to receive text messages from Bautista and Askar, P.C. at the number provided, including those related to your inquiry, follow-ups, and review requests, via automated technology. Consent is not a condition of purchase. Msg & data rates may apply. Msg frequency may vary. Reply STOP to cancel or HELP for assistance. Acceptable Use Policy