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Drug Crimes

 

The Weber County Attorney’s Office prosecutes a wide variety of drug crimes involving several different illegal and/or controlled substances. While there are a number of different laws against the possession and use of drugs, those most commonly seen by the Weber County Attorney’s Office include:

  • Possession a controlled substance
  • Possession of a controlled or counterfeit substance with the intent to distribute,
  • Distribution of a controlled or counterfeit substance,
  • Intentionally using, making, or forging a prescription or written order for a controlled substance,
  • Producing a controlled substance,
  • Knowingly possessing drug paraphernalia with intent to introduce a controlled substance into the body,
  • Engaging in or possessing materials to engage in a clandestine lab with the intent to manufacture or produce a controlled or counterfeit substance.

 

 

 

 

 

 

Sentencing

Drug Court or Drug Diversion:

  • Participants can be charged with any degree to qualify for this program from a class A misdemeanor to a 1st degree felony.  Qualified participants enter a guilty plea for their charges. This plea, called a "plea in abeyance", is put on hold while the offender is enrolled in drug court. Upon completion of the program, the guilty plea is withdrawn and the charges are dismissed. If however, the offender does not complete his/her treatment, they will face sentencing and imprisonment.

They are screened by the Weber County Attorney’s office to see if they qualify according to the circumstances of their crime.  The maximum sentencing guidelines for the Judge to use are as follows:

Class C Misdemeanor

3 months in jail and a fine.

Class B Misdemeanor

6 months in jail and a fine.

Class A Misdemeanor

1 year in jail and a fine.

3rd Degree Felony

0 to 5 years in the Utah State Prison.

2nd Degree Felony

1 to 15 years in the Utah State Prison.

1st Degree Felony

5 years to life in the Utah State Prison.

If an issued sentence includes time in the Utah State Prison, the length of the prison time served is determined by the Board of Pardons.

Alternatives to Incarceration

The DA's Office prosecutes hundreds of drug cases every year. This has prompted the DA's Office and the State courts, as well as a number of other agencies and organizations, to explore alternative methods of prosecuting drug crimes. Weber County has a drug force strike team working hard to get the drugs off the streets of Weber County.  As a result, the DA's Office, in conjunction with the Utah State Courts, participates in the Drug Court program and Drug Diversion.