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Drug Crimes: Heroin Distribution


Drug Crimes: Heroin Distribution

Heroin Distribution - Drug Crimes - Attorneys

Heroin:

Heroin (diacetylmorphine) is used as a recreational drug for the transcendent relaxation and intense euphoria it induces. Frequent and regular administration is associated with tolerance and physical dependence, which may develop into addiction. Adulterated "street" heroin is considered to be one of the most harmful drugs, especially if consumed intravenously.

In the United States, heroin is a schedule I drug according to the Controlled Substances Act of 1970, making it illegal to possess without a DEA license.

Heroin Distribution

Second Offense (or Higher, in the Presence of a Juvenile)

Utah Code §58-37-8(1)(b)(i) and §58-37-8(4)(a)(x)

Degree

1st degree felony.

Elements

A defendant commits a 1st degree felony distribution of heroin, in the presence of a person younger than 18 years of age1, when they knowingly and intentionally distributes a controlled a controlled or counterfeit substance, or agrees, consents, offers, or arranges to distribute a controlled substance. And defendant has been previously convicted of distribution of heroin. And, defendant is found to have been in the presence of a person younger than 18 years of age.
1Utah Code Ann. §58-37-8(4)(a)(x)

Fine

1st degree felony: A fine not to exceed $10,000, plus a 90% surcharge.
(Utah Code Ann. §76-3-301(1)(a), Utah Code Ann. §51-9-401)

Restitution

The court may order the accused to pay restitution if convicted of this crime.
(Utah Code Ann. §77-38a-301)

Imprisonment

1st degree felony: A term of imprisonment not less than 5 years and which may be for life.
(Utah Code Ann. §76-3-203(1))

Firearms

A defendant convicted of a 1st degree felony heroin distribution may not posses, use or have control of a firearm or ammunition for life.
(Utah Code Ann. §76-10-503, 18 U.S.C. §921-930)

DNA Specimen Analysis

A defendant convicted of a 1st degree felony heroin distribution must provide a DNA specimen.
(Utah Code Ann. §53-10-403(2))

Driver License

Utah's Driver License Division will immediately suspend for 6 months the license of a person upon receiving a record of a conviction for distribution of heroin.
(Utah Code Ann. §53-3-220(c))

Seizure, Forfeiture, Property Rights

Distribution of heroin subjects the defendant seizure and forfeiture in accordance with the procedures and substantive protections of Utah Uniform Forfeiture Procedures Act. This means that defendant's car, land, house, belongings, and money can be seized by the State of Utah.
(Utah Code Ann. §58-37-13)


Other Criminal Charges

Learn more about crimes related to Heroin Distribution. If you have any questions, please feel free to call our office at (801) 505-1586.

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