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Drug Crimes: Cocaine Distribution


Drug Crimes: Cocaine Distribution

Cocaine Distribution - Drug Crimes - Attorneys

Cocaine:

Cocaine (benzoylmethylecgonine) is a crystalline tropane alkaloid that is obtained from the leaves of the coca plant. It is a stimulant, an appetite suppressant, and a topical anesthetic. Cocaine is the second most popular illegal recreational drug in the United States (behind marijuana). Because of the extensive processing it undergoes during preparation, cocaine is generally treated as a 'hard drug', with severe penalties for possession and trafficking. It is illegal to possess, grow, or distribute cocaine for non-medicinal and non-government-sanctioned purposes in almost every country.

Cocaine 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 cocaine, 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 cocaine. 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 cocaine 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 cocaine 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 cocaine.
(Utah Code Ann. §53-3-220(c))

Seizure, Forfeiture, Property Rights

Distribution of cocaine 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 Cocaine Distribution. If you have any questions, please feel free to call our office at (801) 505-1586.

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