I-70 profiling in Utah is getting more widespread. The legalization and decriminalization of weed in Washington, California and Colorado has brought an influx of controlled substances right into the state of Utah, prompting law enforcement officials to begin unlawfully profiling on I-70. This is particularly true in the matter of Colorado, where the police force has been aiming at automobiles with Colorado license plates. Police officers must have proper cause to pull you over, typically known as ‘reasonable articulable suspicion’ that you have violated the law, instead pulling someone over solely because he or she “looks like they might be smoking pot,” or “has a Colorado license plate.”
I-70 Profiling in Utah Penalties
I-70 profiling in Utah occurs often. As opposed to other states, Utah still has some fairly serious penalties for the possession, trafficking, sale, and delivery of marijuana, which can generate strict prison sentences and fines in a state or federal court. Many elements come in when deciding on the penalty for a marijuana or drug crime, including things like: what types of drugs did the accused have on his/her person at the moment of arrest (what “Schedule” the drug falls under); what the amount of the drug was; if this was the accused’s first conviction; whether children were involved; etc.
If sentenced, one must deal with a permanent criminal record, the inability to sign up for government assistance(e.g., welfare or food stamps) or to obtain student financial assistance. Not to mention the great inconvenience you may experience when getting employment later on, among a vast array of other things.
I-70 Profiling in Utah Defense
I-70 profiling in Utah is quite difficult to prove. Creating a defense for profiling alone may be the unfitting approach if drugs were located on your person. What is more pressing is the likelihood of being convicted of possession, transportation, distribution, or a compound sentence like possession with an intent to deliver due to profiling on I-70.
If you are caught trafficking, then a lawyer could prove a lack of intent on your part, signifying you did not have the “guilty mind,” or criminal intent, necessary to execute the offense. Lack of intent can result in a dismissal of the case. One angle, highly relevant to interstate drug crime, is a Fourth Amendment violation, or the claim that police either performed the search for marijuana without a warrant or probable cause, which would suppress evidence. Fifth Amendment rights may have also been manipulated by officers encroaching the defendant’s right to remain silent. But truly, it depends upon how the court will charge you and what penalties you will deal with before your attorney can choose a winning tactic.
I-70 Profiling in Utah Defense Attorney
Are you or a family member facing a conviction for a drug crime because of I-70 profiling in Utah? Such crimes are not taken lightly by the state or federal investigators and prosecutors, and should not be neglected by you either.