Drug Possession

Drug Possession Attorney in Ogden

Over 30 Years of Combined Experience Defending Drug Charges in Weber County

A drug possession charge in Ogden, Utah moves through the Weber County Second District Court, and it moves fast. From the moment of arrest, deadlines begin stacking up and options can narrow. At Stevens & Gailey, PLLC, we defend clients facing drug possession charges throughout Ogden and Northern Utah, drawing on more than 30 years of combined experience across thousands of criminal defense cases.

Charges range from a Class B misdemeanor to a third-degree felony depending on the substance and the number of prior offenses on your record. Even a first-time charge carries real consequences: jail time, fines, and a permanent criminal record. The earlier your defense begins, the more paths remain open.

If you’re facing a drug possession charge, don’t wait. Call our Ogden drug possession attorneys at (801) 761-2124 for a free consultation.

Utah Drug Possession Penalties Under Utah Code 58-37-8

Utah classifies controlled substances in Schedules I through V. The schedule of the substance and the number of prior drug convictions on your record are the two primary factors that determine how your charge is graded.

How charges are classified:

Schedule I or II substances (heroin, cocaine, meth, fentanyl, oxycodone): A first or second offense is a Class A misdemeanor, carrying up to 364 days in jail and a $2,500 fine. A third or subsequent conviction within Utah’s seven-year look-back period escalates to a third-degree felony, punishable by up to five years in prison and a $5,000 fine.
Marijuana under 100 pounds: A Class B misdemeanor, carrying up to six months in jail and a $1,000 fine.
Drug-free zone enhancements: Under Utah Code § 58-37-8(4), distribution offenses occurring within 100 feet of a school, church, or park can increase the severity of the charge. Simple possession isn’t subject to the drug-free zone enhancement.
Driver’s license suspension: Any drug conviction triggers an automatic suspension of at least six months under state law, regardless of whether jail time is imposed.

Defense Strategies in Ogden Drug Possession Cases

Our attorneys review the full circumstances of every arrest, including everything that happened before, during, and after the stop or search, to identify weaknesses in the prosecution’s case. Many possession charges have defensible vulnerabilities that aren’t apparent at first glance.

Common defense approaches include:

Fourth Amendment suppression motions: Evidence obtained through an unlawful search or seizure can be challenged. A home generally requires a warrant supported by probable cause. A vehicle stop requires probable cause even without one. If a suppression motion succeeds, the case may not survive.
Constructive possession challenges: When drugs weren’t found on your person, we can argue that you lacked knowledge of or control over the substance.
Valid prescription defense: A valid prescription is a complete defense to a possession charge involving a prescription drug.
Identity and false allegation defenses: When the facts support it, inaccurate identification and false allegations are recognized grounds for defense.

Our goal is to pursue the best outcome available given your specific facts, whether that means contesting the charge, negotiating a reduction, or pursuing an alternative resolution.

Speak with an Ogden Drug Possession Lawyer at No Cost

Waiting to consult an attorney is one of the most common mistakes people make after an arrest. Stevens & Gailey, PLLC offers free initial consultations for drug possession cases in Ogden and throughout Weber County. Call us at (801) 761-2124 or reach out through our online contact form to get started.

When a Possession Charge Becomes Something More Serious

Not every drug possession case stays classified as simple possession. Prosecutors look at the full picture of the arrest, and certain factors can push a charge into significantly higher penalty territory.

Aggravating circumstances that Utah prosecutors and courts weigh include a defendant’s prior criminal history, the quantity of drugs involved, possession of a weapon during the offense, and whether the offense occurred in a protected zone. When the quantity of drugs or the way they were packaged suggests an intent to sell rather than personal use, prosecutors may file a charge of possession with intent to distribute instead.

Escalated charge ranges:

Possession with intent to distribute: Typically charged as a second-degree felony, carrying up to 15 years in prison and a $10,000 fine.
Distribution in a drug-free zone or in the presence of a minor: Can elevate the charge by one degree, which may result in a first-degree felony if the underlying charge was already a second-degree felony.

The difference between simple possession and possession with intent can come down to how law enforcement documents the arrest. Our attorneys examine those records closely to evaluate whether a distribution charge is supported by the actual evidence.

Continue Reading Read Less

"Exceptional Preparation & Care"
H.D. went above and beyond, meticulously preparing for court and ensuring a successful outcome. Best divorce lawyer I could ask for!

- Martha R.
"Solution-Oriented Representation"
H.D. guided me through a stressful time, offering options and genuinely listening. Grateful for his help and dedication!

- Corbyn B.
"Charges Dismissed Thanks to Exceptional Representation"
H.D. Gailey’s expertise and dedication led to my charges being dismissed. A true fighter in the courtroom, I’m beyond grateful for his help!

- Lacy K.
"Client-Focused Care"
Stevens Gailey’s expertise and dedication delivered a positive outcome. Honest, affordable, and truly client-centered service!

- Monica B.
"Remarkable Outcome with Expert Guidance"
Gailey reduced my 7 charges to 1 and provided valuable resources. My case ended successfully, thanks to his exceptional representation!

- Tracy J.
"Swift & Thorough Representation"
Gailey resolved my case in just 4 days, providing excellent communication and quick action. He'll always be my first choice!

- Tyson H.
"Seamless Courtroom Expertise"
Bailey’s experience and his team's timely communication made a huge difference in my case. Confidently recommend their services!

- Natasha S.
"Unwavering Support & a Dismissed Case"
Mitch Robinson stood by me for 3 years, fighting for justice until my charge was dismissed. Grateful for his dedication and belief in me!

- Brian R.

View All Reviews

Get In Touch Today

Have questions about your case or need immediate legal advice? Our dedicated team at Stevens & Gailey, PLLC is here to offer personalized guidance every step of the way.

Get Started

Why Ogden Clients Choose Stevens & Gailey, PLLC for Drug Possession Defense

Facing a drug possession charge is stressful enough without worrying about whether you can afford a lawyer or fit an appointment into your schedule. We’ve structured our practice to remove those barriers.

Bilingual services: We provide legal representation in both English and Spanish.
Affordable fees and payment plans: We offer accessible pricing with payment plans so that quality defense is within reach.
Flexible scheduling and virtual consultations: We work around your schedule, including virtual meeting options when an in-person visit isn’t practical.
Personalized defense strategy: Every case gets individualized attention. We build strategy around the specific facts of your arrest, not a one-size-fits-all approach.
Honest communication: We tell you what we know, what we don’t, and what your realistic options are at every stage of your case.

We’ve served clients throughout Weber County since 2010. Call (801) 761-2124 to schedule a free consultation.

What to Expect When You Work with Our Firm

After your free initial consultation, our attorneys analyze the available evidence, including police reports, body camera footage when applicable, and any physical evidence collected, to identify where the prosecution’s case may be vulnerable. We explain what we find in plain language so you can make informed decisions at every step.

From there, we evaluate the full range of available paths. Depending on the charge and your circumstances, those paths may include contesting the evidence at trial, negotiating a reduction, or pursuing alternatives such as drug court or a diversion program. Some of those alternatives require early action before the case advances, which is one reason starting your defense promptly matters.

We handle cases at the Weber County Second District Court and serve clients throughout Ogden and Northern Utah. Our attorneys stay directly involved from consultation through resolution. You won’t be handed off to someone unfamiliar with your case.

Continue Reading Read Less

Driven by integrity, compassion, & commitment Why Choose Stevens & Gailey, PLLC?

Trusted Advisors
Whether facing complex legal challenges or high-value disputes, you need a firm you can trust. With extensive experience and a reputation for excellence, we are here to guide you through every step with confidence and expertise.
Unwavering Commitment
Your success is our priority. Our dedicated team works tirelessly to deliver the best possible outcomes, offering personalized attention and a strategic approach that’s always focused on your needs.
Tailored Strategies
Handling complex, high-stakes cases requires a deep understanding of financial intricacies. We specialize in managing high-net-worth cases, crafting personalized legal strategies designed to protect your assets and interests.
Bilingual Legal Expertise
We’re proud to offer legal services in both English and Spanish. Our bilingual team ensures that language is never a barrier to receiving top-tier legal representation, providing clear communication for all our clients.

The Consequences of a Drug Conviction Beyond the Sentence

Jail time and fines are the penalties most people think about, but a drug possession conviction in Utah carries consequences that extend well past the courtroom. Understanding the full picture is part of why a strong defense matters even on a first-time misdemeanor charge.

Collateral consequences can include:

Automatic driver’s license suspension: Utah law requires a suspension of at least six months for any drug conviction, regardless of whether jail time is imposed.
Permanent criminal record: A conviction appears on background checks and doesn’t disappear on its own.
Employment and housing barriers: Employers, landlords, and licensing boards routinely screen for criminal records, and a drug conviction can close doors.
Educational impact: Certain financial aid and academic programs are affected by drug conviction history.
Enhanced future charges: A conviction counts against you under Utah’s look-back provisions if you face any future charges within the next seven years.

Get a Free Consultation with Stevens & Gailey, PLLC

A drug possession charge in Ogden, Utah is serious at any level. The decisions made early in a case can shape the available options that follow. Stevens & Gailey, PLLC offers free consultations for drug possession cases throughout Weber County and Northern Utah.

Call (801) 761-2124 or use our online contact form to speak with one of our attorneys today.

Alternatives to Conviction in Utah Drug Possession Cases

A conviction isn’t the only possible outcome of a drug possession charge. Utah law provides several alternative resolution paths for qualifying defendants, and our attorneys evaluate those options as part of building your defense strategy.

Plea in Abeyance

A plea in abeyance is an agreement in which the court accepts a guilty or no-contest plea but does not enter a judgment of conviction or impose a sentence, provided the defendant meets specific conditions during an abeyance period. Upon successful completion of those conditions, the plea is withdrawn and no conviction is entered on your record.

Drug Court

Utah drug courts offer an alternative path focused on treatment, counseling, and community support rather than incarceration. Successful completion can result in dismissal of the possession charges. Drug court is designed for people whose offense is connected to substance dependency rather than criminal intent.

Diversion Programs

Diversion programs are available for qualifying defendants and can similarly result in charge dismissal upon completion of required conditions. Eligibility for any of these programs depends on the nature of the charge, your criminal history, and a court risk and needs assessment.

It’s also worth knowing that Utah’s overdose immunity provision under Utah Code 58-37-8 provides protection from certain drug possession charges for individuals who call 911 for a drug overdose, provided they remain on the scene and cooperate with authorities. Our attorneys can evaluate whether that provision applies to your situation.

Continue Reading Read Less

We're Ready to Help! Contact Us Today

At Stevens & Gailey, PLLC, 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 Stevens & Gailey, PLLC 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