Zachary C. Holbrook, P.C.

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5 Types Of Drug Crimes

There are both state and federal laws that cover drug crimes, with federal laws being the more rigid and comprehensive. In Utah, drug-related laws result in some of the most severe sentencing and punishments in the country. Typically, if a person is convicted of a drug crime, there will be a permanent mark on their record. There are several different types of drug crimes, with varying consequences and sentencing upon conviction. 

If you have been accused of committing a drug crime in Utah, it is vital that you get a hold of a qualified and knowledgeable defense attorney. Reach out to me, Zachary C. Holbrook, to receive the best of the best when it comes to criminal defense and guidance for your individual legal case.

Types Of Drug Crimes

drug crimes

Possession

Possession of drugs is the most common drug crime in Utah. Possession of drugs is simply the act of having drugs on your person, in your car or home, etc. The charges for possessing certain drugs and the number of said drugs that are in a person’s possession will have an impact on the charges that they would receive in Utah.

Cultivation

Another type of drug crime that is penalized in Utah is cultivation. The word “cultivation” in a typical sense simply means growing plants. However, in this context, it means growing a drug. This is typically in reference to marijuana, but could also refer to any other drug that can be grown. Recreational use of marijuana is illegal in Utah, as is the cultivation.

Manufacturing

Manufacturing is anything that goes into the process of creating an illegal drug. Cultivation could be considered a part of a drug manufacturing process. Typically the presence of a drug is not needed for an arrest if enough other evidence is found. Tools in manufacturing drugs can be enough to be arrested on drug manufacturing charges.

Distribution

Another drug crime that is illegal on both the state and federal levels is the distribution of drugs. Drug distribution involves possessing drugs with the intent to sell or transfer drugs to other people or attempting to do so. Both individuals and entities can be convicted of distributing drugs. Charges for distribution are severe in Utah, especially if children or weapons were involved.

Trafficking

Drug trafficking is a crime that is similar to drug distribution but on a larger scale. It is the process of transporting, exporting or importing illegal drugs. Drug trafficking does not only have steep penalties under Utah laws but is also severely punished under federal laws. The consequences of being convicted of drug trafficking can include fines, incarceration, community service, and more. 

Do You Need A Defense Attorney?

If you or someone you know has been accused of a drug crime, you will likely be in need of a criminal defense attorney that knows what they are doing. Due to Utah’s strict drug laws, the accusation of committing on of the previous drug crimes is very serious. I, Zachary C. Holbrook, am an experienced and knowledgeable attorney, meaning that I will do all that I can to help you leave this experience with the best possible outcome. Reach out to my office today for more information.

Shoplifting is a common crime that happens quite often in the United States. Oftentimes, people are put into a position where they think that shoplifting will solve a problem, but it often leads to more serious issues including getting arrested and facing a charge. If you or someone that you know has been arrested for shoplifting, it is important to understand how shoplifting could be charged. I, Zachary Holbrook, am an experienced criminal defense attorney and if you have found yourself in a situation like the one above, I would be happy to help you out by taking a look at your case.

What Is Shoplifting?

is shoplifting a felony

The first question that must be asked and answered is what constitutes shoplifting in the first place. Shoplifting is an act of theft and may also be referred to as petty theft. Shoplifting is completed by entering a retail store and trying to steal an item (or items) by concealing it on one’s person and leaving the store without paying for it.

While shoplifting typically involves leaving the store and taking the item without paying, shoplifting can also include cases where a person intended to steal something from the store and took some sort of action to help them steal it. Examples of this could include:

  • Hiding an item on your person or with your personal items (in a purse or bag, etc.)
  • Taking merchandise out of a package and concealing it with other store items
  • Changing price tags
  • Removing security tags

There are not certain groups of people that are specifically predisposed to shoplift, in fact there are people from all sorts of backgrounds that shoplift, which is why it is so common. Although there are frequent occurrences of theft in stores, the consequences for this crime can be quite severe. Which brings us to the question of whether shoplifting is a felony.

Is Shoplifting A Felony?

The answer to the question of, “Is shoplifting a felony?” is a complicated one. Shoplifting convictions are typically serious. Depending on the circumstances and cost of the property that was stolen, shoplifting may be charged as a felony or a misdemeanor. It also depends on the state as to when the crime would be considered a misdemeanor vs. a felony. In some states, an individual may only be charged with an infraction. An infraction is the least serious of the three potential charges.

shoplifting

Oftentimes, shoplifting cases involve property theft of $500 or less, which would typically result in a misdemeanor charge. The reason why theft from a store typically only results in a misdemeanor is because it is difficult to shoplift big-ticket items. If a person shoplifts, it is also serious for their reputation. Shoplifting is a “crime of dishonesty” meaning that it is done directly to cheat for personal gain. Because it is a crime of dishonesty, shoplifting will typically go directly onto one’s record and will show up on all background checks.

When Shoplifting Becomes A Felony In Utah

In Utah, shoplifting becomes a felony depending on the cost of property that was stolen and sometimes what was stolen. If the value of the property that was stolen meets or surpasses $5,000, if the property is a gun or a motorized vehicle, or if the shoplifter was armed, then the shoplifting act will be classified as a second degree felony in Utah.

Shoplifting becomes a third degree felony in Utah if the value of the stolen property is anywhere from $1500 to $5000 or if the person who has committed the crime has been convicted of shoplifting before in the past 10 years. 

What To Do If You Have Been Charged With Shoplifting

If you have been charged with shoplifting, you will need to speak with a criminal defense attorney as soon as possible. I, Zachary Holbrook, take accusations of shoplifting very seriously. My goal as your attorney would be to gather information to help prove your innocence, which will allow you to move on with your life. With legal representation from me, you can reduce your charges, sentencing, or get the charges against you dropped entirely. For more information about my legal services or to discuss potential representation, feel free to reach out to my firm today.

Crime is one of the most popular topics for television, movies and literature. One of the most common crimes that is depicted in crime shows or movies is embezzlement. Although it may be interesting for the silver screen, in reality, being accused of embezzlement is no small declaration. If you have been accused of embezzlement, then you could be facing serious trouble. 

I, Zachary Holbrook, am a criminal defense attorney with experience defending individuals who have been accused of embezzling. Feel free to reach out with any questions. If you have been accused of embezzling, contact me in order to get the very best legal representation. To learn more about embezzlement, continue reading.

What is Embezzlement?

what is embezzlement criminal defense attorney ogden utah

Embezzlement is the legal word for theft or withholding assets that were placed within a person’s control for safekeeping, usually by an employer. So essentially the defendant would be accused of stealing a company’s resources. This could be money or some other form of property. Embezzlement is considered a white collar crime and is a criminal offense, meaning that it is typically taken to court under state law. However, there are times when a case may be taken up to the federal government, namely when the crime has been committed against the federal government.

Is Embezzlement Considered a Misdemeanor or a Felony?

Embezzlement is typically classified as a misdemeanor. A misdemeanor is a less extreme criminal act that is punished less severely than a felony. The laws vary slightly depending on what state the crime was committed in as to what is considered a misdemeanor vs. a felony. In Utah, there are different classes of misdemeanors which have different consequences. The consequences could include fines, up to a year in county jail, or both. 

A felony is a more serious offense than a misdemeanor. There are times when embezzlement can be charged as a felony. In Utah, if the assets stolen exceeded $1,500 then it would be considered a third degree felony and if the property value exceeded $5,000 then it would result in a second degree felony. If charged with a second degree felony in Utah, a person could be facing up to 15 years in prison and a fine up to $10,000.

What Affects the Severity of an Embezzlement Sentence?

The amount that is stolen can certainly aggravate the severity of a person’s embezzlement sentencing. The greater the amount of money and the longer that the individual was supposedly embezzling can have an impact on a sentence including the length of jail time and number of fines. However, there are other factors that could make an embezzlement sentence drastically more severe.

In Utah, if the embezzlement charge was levied against a person who committed the crime against protected individuals, the sentencing could be much more severe. The sentencing could be severe if the embezzlement was committed against an elderly person, a person with disabilities, or a dependent adult. Embezzlement against an elderly person is considered Senior Fraud. Senior Fraud comes with serious penalties, as it is also considered exploitation. 

What To Do If Charged with Embezzlement

The first thing that an individual should do if they are charged with embezzlement is to talk to an attorney. Consulting an attorney can help you avoid any potential mistakes with submitting information and help you build a solid case. A qualified criminal defense attorney can guide you through the criminal justice system and help protect you and your rights as a United States citizen. Reach out to me, Zachary C. Holbrook, to get started building your case or to learn more about our firm’s services.

Zachary C. Holbrook, P.C. Criminal Defense Attorney Ogden, Utah

Zachary C. Holbrook, P.C.

2351 S. Grant Ave. #203
Ogden UT 84401


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