Utah & Marijuana prosecution

Let's say a buddy of mine was caught speeding in Utah, was give a warning but was also alleviated of his stash.
The tickets says less than 1 gram possession and there another charge for possession of paraphernalia.

Does my buddy need a lawyer?
A lawyer can negotiate aggressively and has familiarity with these cases.
But a lawyer is also costly and makes me feel like I'm overdoing my defense which could work again me..?

Why sign up for a climbing website only to ask a non-climbing question? A question that you then answer yourself in the next sentence. My advice: Don't break more than one law at a time.

I dont have an answer except having CO tags in Utah is now going to be a REAL BITCH, IC should clear up a bit in the spring!

Does my buddy need a lawyer?
A lawyer can negotiate aggressively and has familiarity with these cases.
But a lawyer is also costly and makes me feel like I'm overdoing my defense which could work again me..?

Yes, you should probably hire a lawyer to do the thinking and talking for you.

Scott O wrote:Does my buddy need a lawyer? A lawyer can negotiate aggressively and has familiarity with these cases. But a lawyer is also costly and makes me feel like I'm overdoing my defense which could work again me..? Yes, you should probably hire a lawyer to do the thinking and talking for you.

Busted on MP!

Meme Guy - no meme for this?!

MJMobes wrote:I dont have an answer except having CO tags in Utah is now going to be a REAL BITCH, IC should clear up a bit in the spring!

haha no doubt

Austin Baird wrote:Meme Guy - no meme for this?!

Make this happen dude.

Are you required to appear or can you just pay a fine? If you can just pay a fine, you don't need a lawyer.

If you have to appear and enter a plea, it would be a good idea to at least consult with a lawyer. A consultation will probably cost you, but you'll have a better idea where you stand, and may not have to hire one to go to court for/with you.

Listen to Scott O and FrankPS. They both seem to have good advise for you.

Good luck! Post up your outcome here.

don't bring the cheetos and goldfish to utah

Don't f around in utah sltrib.com/sltrib/news/5622…

Get a lawyer, unless your friend was smoking or had it in plain sight it's likely the cop had zero probable cause to find it and the whole thing could be thrown out. Cops love manufacturing reasons for searches that don't stand in court. If on the other hand the cop asked to search and he said ok then skip the lawyer and throw yourself on the mercy of the court, you'll get a fine and probation.

It wasn't officer chugg in duschesne was it? I had to bail my friends out last summer for the same thing. Don't get the lawyer the bail bondsmen knows. Most likely they're in on it too. I highly suggest getting a lawyer for any drug related offenses in utah. As well was it their/ your first offense? If so the charges may be lessened, but also depends on the situation and area in which the court precedings are held. Sorry to hear about that. I am curious as to why you created an MP account for this topic.

This is an odd question, but I'll bite. As others have stated, probable cause is a huge part of the equation, was he openly smoking? Was paraphernalia visible? If not, the only inclination they had that your friend possessed marijuana had to have been based n the smell, which, of I understand correctly, hasn't stood up in court as probable cause for a search.

Half the time though, people are pressured by the policeman into giving consent for a search when they aren't obligated by law to do so. In which case, "your friend" is sunk,

This brings up an interesting point. With recreational legalization in CO, Utah cops are ABSOLUTELY going to target climbers heading to the Creek. So it would be prudent for any climbers driving there with their herb to research their rights in a situation such as this and protect themselves from inadvertently waiving away their constitutional rights.

The Blueprint Part Dank wrote: So it would be prudent for any climbers driving there with their herb to research their rights in a situation such as this and protect themselves from inadvertently waiving away their constitutional rights.

http://www.youtube.com/watch?v=yqMjMPlXzdA

What Blueprint said...

15k population in Monticello (Indian Creek) 29 Sheriffs for county.
There has been stories for years of shit happening there.
And the law of that county is Sheriffs have jurisdiction over all roads in
the county. That includes BLM dirt roads.

I have good sources of people seeing them up on hills or where ever
looking at campers with spotting scopes.

I have also had them (within the last year or so) come to Creek Pasture
lurking in the night, in the shadows outside of the campfire light…
He (armed to the hilt) eventually crept up. It was actually a friends 70th Bday
who happened to be upset by this, and gave the guy a word or two. He had all
the right, as he was superintendent of Tetons, and Denali for some years.
He knows the law, and when it is being a bit overstepped…

Another story (not from a credible source) was of a girl given a ticket for peeing outside.
Guy saw her with night vision goggles.

So… Basically I am jus sayin' for all you people who head there from CO frequently, and perhaps holding.

Always consult a lawyer. P.S. you should be careful when entering a fascist stronghold such as Arizona, or god forbid Utah. They are nazis on that shit, and will specifically target cars with plates from WA, OR, and CA. Be safe friends.

What Blueprint said... 15k population in Monticello (Indian Creek) 29 Sheriffs for county.

There are not 15k people in Moab ,Monticello, and Blanding. Combined. Drive the speed limit and buckle up. The eyes of the man are watching.

I am an attorney in CA, not Utah, but less than an ounce and poss of paraphenalia are not serious offenses here. Poss of less than an ounce is an infraction here, meaning just a ticket, no jail.

I can understand that people have the perception that the law in Utah is stiffer, or they are more serious, but they do provide Public Defenders there, and they are usually a very good option especially in non-serious matters. At least your friend can consult with them at the first court appearance and you'll get a hell of a lot more relevant information than relying on folks here, most of who I assume have good intentions but absolutely no foundation upon which to base their opinions.

If you don't feel comfortable with the P.D. After speaking to them, you can always ask the court for time to hire your own lawyer. Of course, much depends on whether he wants to contest the charges or the right of the police to searchthe vehicle. The more your friend wants to avoid any record at all, then the more likely he should hire a more experienced attorney.