What can I expect if I have 2 misdemeanor charges and 2 felony charges on a first time offense?

Asked over 1 year ago - Salt Lake City, UT

Some friends and I were sitting at a trailhead one night catching up and we happened to be smoking marijuana and my friends were drinking alcohol. Originally suspicious of trespassing, an undercover cop drove up to my car and began to shine his flashlight in my windows. He saw the smoke and could smell weed when I rolled down my window. He searched the car and found our weed, pieces, liquor, and my friends ecstasy and LSD in my purse. What can I expect for punishment with a class c misdemeanor for criminal trespass, a class b misdemeanor for unlawful acts involving paraphernalia, and two felonies for the controlled substances (ecstasy and lsd)? I am 18, my friends however are only 17, and this is my first offense. I have graduated high school and am working full time.

Attorney answers (3)

  1. Russell Stephen Pietryga

    Pro

    Contributor Level 12

    5

    Lawyers agree

    Answered . While there are number of possible resolutions that you or your attorney could negotiate, you are facing the following: (Note, this is the type of offense that you are going to need an attorney.)
    3rd degree felony: A fine not to exceed $5,000 , plus a 90% surcharge. (X2)
    Restitution- The court may order a defendant convicted of this crime to pay restitution.
    Imprisonment-3rd degree felony: A term of imprisonment not to exceed 5 years. (X2)
    DNA Specimen Analysis-A defendant convicted of a 3rd degree felony possession of psychedelic mushrooms must provide a DNA specimen.
    Firearms- May not posses, use or have control of a firearm or ammunition for life.
    Driver License-Utah’s Driver License Division will immediately suspend for 6 months the license of a person upon receiving a record of a conviction for possession. (If you are convicted of any of these offenses, you will have your driver license suspended, that includes the misdemeanors.)
    Seizure-Forfeiture-Property rights-Possession of LSD/ecstacy subjects the defendant seizure and forfeiture in accordance with the procedures and substantive protections of Utah Uniform Forfeiture Procedures Act. This means that defendant’s car, land, house, belongings, and money can be seized by the State of Utah.

    Class B misdemeanor: A fine not to exceed $1,000 , plus a 90% surcharge.
    Restitution- The court may order a defendant convicted of this crime to pay restitution.
    Imprisonment- Class B misdemeanor: A term in jail not to exceed 6 months.
    Driver License-Utah’s Driver License Division will immediately suspend for 6 months the license of a person upon receiving a record of a conviction for paraphernalia.
    Seizure-Forfeiture-Property rights-Possession of marijuana subjects the defendant seizure and forfeiture in accordance with the procedures and substantive protections of Utah Uniform Forfeiture Procedures Act. This means that defendant’s car, land, house, belongings, and money can be seized by the State of Utah.

    Class C misdemeanor: A fine not to exceed $750, plus a 90% surcharge.
    Restitution- The court may order a defendant convicted of this crime to pay restitution.
    Imprisonment- Class C misdemeanor: A term in jail not to exceed 90 days.

    Hope this helps.

  2. David Laurence Altman

    Pro

    Contributor Level 11

    2

    Lawyers agree

    Answered . You absolutely need to hire a criminal defense attorney. Your attorney will evaluate any possible defenses and if it is determined that the officer had probable cause and there are no viable search and seizure issues, your attorney will likely negotiate a plea deal which may result in a reduction or elimination of some but not all charges.

    Assuming you were pleading guilty to a third degree felony, the court would order a fine from zero to $5000 with a 90% surcharge. The possible prison term would be zero to 5 years. You can also expect; (1) that your vehicle and other property may be seized by the State of Utah under the Uniform Forfeiture Procedures Act, (2) that your driver’s license will be suspended upon conviction, (3) that you will be restricted from possessing or owning firearms and (4) that you will be required to submit a DNA specimen.

    The Class B Misdemeanor could result in up to 6 months in jail and a $1000 fine; the Class C Misdemeanor could result in up to 90 days in jail and a $750 fine.

    Depending on what charges you plead guilty to and your prior criminal record, the court can order jail time to be concurrent or consecutive for each offense.

    LICENSED AND ACCEPTING CASES IN CALIFORNIA & UTAH - 911LAW.ORG - Former Judge Pro Tem in California Superior Court.... more
  3. Michael R Crosner

    Contributor Level 20

    3

    Lawyers agree

    Answered . I good local UT criminal attorney can be of great help in this case, especially if first offense - often a defense to the search & seizure can be put forth; or some of the charges dismissed - consult an attorney ASAP (most offer free initial consultations) - Can locate attorney on Avvo under tab "Find a Lawyer"

    This is not intended to be legal advise or as legal representation. I am a California personal injury attorney .... more

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