Utah Jury Instruction - Counterfeit - Possession with Intent to Use
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§ 58-37-4 for a listing of controlled substances. In Utah, it is unlawful to produce, manufacture and/or dispense a controlled substance.
Possession of forged writing or device for a forgery writing.
Distribution ? Utah criminal code makes very little distinction between the crimes of possession with the intent to distribute and drug distribution. Both are typically charged as second-degree felonies, punishable by up to 15 years in prison and a fine of $19,950.
Definitions. "False statement" includes a false unsworn declaration, with "unsworn declaration" being defined in Section 78B-18a-102. when the statement or information substantially affects the proceeding.
For the first and second time you are charged with drug possession, both will likely be considered a Class A misdemeanor. If convicted of a Class A misdemeanor, you may be imprisoned for one year and receive a $2,500 fine.
76-6-501 (2021). The felony forgery statute is written very broadly to criminals not just the classical forging of another's signature, but creating and using false identifications or false property deeds.
Penalties for Possession with Intent to Distribute in Utah For marijuana, in particular, possession with intent to distribute any amount is charged as a third-degree felony under Utah Statute 58-37-8(1)(a)(iii). A second offense is charged as a second-degree felony.
Under provisions of the Utah Controlled Substances Act, a person can be charged with a crime for "any measurable controlled substance in [his or her] body." Some drug possession cases involve a controlled substance found concealed inside a body cavity.
Presumption of innocence -- "Element of the offense" defined. 76-1-501. Presumption of innocence -- "Element of the offense" defined. A defendant in a criminal proceeding is presumed to be innocent until each element of the offense charged against him is proved beyond a reasonable doubt.
An actor who, with intent to defraud, knowingly possesses a writing that is a forgery under Section 76-6-501 or 76-6-501.5, or who with intent to defraud knowingly possesses a device for making a writing that is a forgery under Section 76-6-501 or 76-6-501.5, commits possession of a forged writing or device for making ...