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Richard G. Uday, Attorney at Law Licensed to practice in the State of Utah
Richard G. Uday, Attorney at Law

The Answer To Your
Criminal Law Issues

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Why Hire Uday Law?

Drug Charges

My name is Richard Uday. I'm been an attorney for over 25 years; just about all I do is criminal defense work. I do all kinds of criminal cases: felonies, misdemeanors, DUIs, and appeals. But I want to talk for a minute here just about drug charges and how often we see those and how important they are.

With drug charges, you can be charged anywhere from a class B misdemeanor, which carries a potential of 6 months in jail, all the way up to a 1st degree felony that carries 5 years to life imprisonment. And whether you're charged as a class B misdemeanor or something that carries prison time will depend in large part on your criminal history. There are certain crimes in Utah that are what we call enhanceable. And by enhanceable we mean that if you've been arrested once before and you get convicted on that charge and then get rearrested on that charge, the second time becomes more serious and there are greater consequences.

Drug charges are also enhanceable in one other way—by the facts of the case. For example if your possessing drugs and you have a large enough quantity that drug charge can become more serious because they're saying your possessing drugs with the opportunity or the intent to sell those drugs, or offering arranging to distribute those drugs, and so that's a fact that can enhance the charge to make it more serious.

And finally, where the possession occurs can make that charge more serious. If you are caught in possession of drugs and you are within 1000 ft. of a school, a church, a playground, a park, anyplace where kids are going to be seen than that elevates that crime even more seriously, sometimes to a 1st degree felony. And prosecution entities in this state are not opposed, and not shy about charging drug charges as seriously as they can.

As an attorney for over 25 years, drug charges are again, serious cases. I like to defend those kinds of cases because it gives me as an attorney an opportunity to really review the facts of the case and what has happened regarding your constitutional rights. The searches and seizures, the bases for the arrest, they are very interesting cases and you need someone that has the kind of experience, and has worked with the different agencies around the state to be able to assist you in your defense.

One last point that is incredibly important to realize with drug charges, and our legislature has made this law within the last few years and very few people are unaware of this fact, and become aware of it only in a very sad way. But if you are charged and then convicted (or enter a guilty plea) with a drug case, including paraphernalia possession of paraphernalia then there are automatic driver license consequences. You will find that your license has been suspended for a minimum of 6 months if convicted of these drug charges. You need to be aware of that consequence and you need to have a lawyer at your side to help you resolve your case so that that doesn't occur along with the other consequences that we've been talking about.

Again, at Uday Law we are available to do a free consultation. Give us a call at the office, the number is 801-579-0600. We can arrange that appointment and figure out what potential defenses we have and what the fees would be to represent you on that case.

Okay, hope to meet you soon.

Uday Law Office

Trolley Corners Center
515 South 700 East, Suite 3-E
Salt Lake City, Utah 84102

p: 801.579.0600
f: 801.579.0606

Free Consultation