James R. Balmforth: Drug Paraphernalia Defense

Many college students and young adults who are just entering the workforce are arrested for drug possession and drug paraphernalia charges. Any drug charge can result in a criminal conviction and hurt your ability to get the job you want or go to the college or post-graduate program of your choice.

A drug conviction can cause a wide range of collateral consequences that you may not have even considered. I’ve seen a lot over the years as a drug paraphernalia lawyer. What if you get a divorce? Will your drug conviction be used against you in a child custody dispute? What if you decide to run for political office, become a corrections officer or become a commercial truck driver? How will a drug conviction affect your options and your future?

Get The Vigorous Defense You Deserve

In Utah, the possession of drug paraphernalia is typically a Class B misdemeanor, which carries a maximum penalty of up to six months in jail. Frequently, drug paraphernalia charges are accompanied by charges for drug possession or possession with intent to distribute.

How We Handle Drug Paraphernalia Charges

For starters, the state has to prove that the paraphernalia was yours. In many drug paraphernalia cases, the defendant was arrested because he or she was in the presence of friends who had drug paraphernalia. Guilt by association is not enough; the prosecution must prove beyond a reasonable doubt that the paraphernalia was yours.

In addition, the prosecution must prove that the item was intended for use with drugs. If you had rolling papers for cigarettes or other items intended for a legal use, you are not guilty of drug paraphernalia charges. We will challenge every aspect of the prosecution’s case to seek the best possible result for you.

Inappropriate Friending!

A North Texas juror who was booted from a trial has been cited for contempt after trying to “friend” the defendant on Facebook. Court records show 22-year-old Jonathan Hudson on July 19 was removed from the jury in a Tarrant County civil case. The trial, over a 2008 car wreck, proceeded with 11 jurors.

Hudson last week pleaded guilty to four counts of contempt and has been ordered to serve two days of community service Texas recently added specific language to jury instructions that bans jurors from discussing the case on social networking sites. Hudson had received those instructions.

The Fort Worth Star-Telegram reported that Hudson’s attorney Steve Gordon says his client “made a silly mistake.” “I’ve never seen this before,” prosecutor Chris Ponder “But I’m afraid this is a new reality as the technology is so ubiquitous that we’ll have these types of things occur.”

Facebook and other social media sites have opened up a new world of law. We all have to be careful and make proper discussions regardless of our communication in real life or social media world.

Parenting plan may play important role in child custody decisions

As divorcing Utah residents move through each stage of their legal proceedings, they may feel a sense of relief that they are one step closer to finalizing the process. However, some areas may be more difficult to work through than others, and when it comes time to make child custody decisions, parents may feel particularly on edge. Though they certainly want to do what is best for their children, they likely also want to ensure that they still have the ability to see their kids often.

Because the decisions made during these proceedings can impact individuals’ lives for a considerable amount of time, parties may want to pay particular attention to their custody terms and the parenting plans they create. In order to create an effective plan, parties may want to consider their current circumstances and how those circumstances could change in the future. By thinking ahead, individuals may avoid finding themselves trying to make plans work that no longer suit their needs.

Of course, it can be difficult to determine what needs may come about in the future. Some situations that may be worth considering are how each parent should handle future extracurricular activities and school events. Parents may also wish to include certain terms regarding communication in order to know the best ways to discuss any issues that may arise concerning their kids.

Parenting when both parents are on good terms can be difficult, and when the parents are going through divorce, it may seem even more challenging. Because child custody proceedings can seem contentious, Utah residents may want to focus on their children’s needs and their best options for meeting those needs. If parents are concerned about how to come to the best custody and parenting plan terms, they may wish to discuss their circumstances with their legal counsel.