Utah Criminal Defense

Fillmore Criminal Defense Attorney

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Millard County Criminal Defense Attorney Jake Gunter–Free Consult (801) 373-6345.

Have you been charged with a drug crime while traveling on I-15 through Millard County? Are you an out of state criminal defendant charged with driving while on legally prescribed drugs from California or Colorado? We can help, often without even appearing in the Millard County Justice Court or the Fillmore City J

Out of State Criminal Drug Charges Arising in Millard County Fillmore City:

More and more out of state drivers are being arrested in Utah for driving with Marijuana in their system. The classic situation is being pulled over on I-15, just outside of Fillmore or maybe near Delta, Utah on U.S. 6. Thereafter, the Utah Highway Patrol notices you are from California and asks if you have been smoking Marijuana. You reply yes and even show him your valid California Marijuana card. Thereafter, you are arrested under Utah’s Metabolite impaired driving law, booked, released, and you obtain your car from the tow yard.

Effect of Utah’s Medical Marijuana Laws on Out of State Defendants:

On 12/03/2018, Utah’s Governor Gary Herbert signed the first ever medical use marijuana act. Formally called the Utah Medical Cannabis Act and it can be found at Utah Code Ann. 26-61a-1 (2019).
Utah’s new medical marijuana law effects several code sections, but one important section is the decriminalization of marijuana possession and marijuana paraphernalia and treatment of out of state criminal defendants who have valid Marijuana use cards.

Utah Code 58-37-1 contains Utah’s drug laws. Particularly important is the newly added Marijuana decriminalization section 58-37-3.7 (2019).
The essence is that if you hold a Marijuana use card from another state and are caught in Utah as you pass through with Marijuana, it is not a crime. The Marijuana decriminalization statute also allows out-of-state non-Marijuana card holders to be exempt from Marijuana possession charges if they have a pre-existing, Utah qualifying condition that was diagnosed by a recognized medical provider.
The statute is so new that there is not a lot of law or experience on the matter from the criminal defense attorneys. If you are an out-of-state resident and are charged with Marijuana possession or paraphernalia in Millard/Delta/Fillmore, you should inquire about your rights.


DUIs can be defended, especially in smaller jurisdictions, where the prosecuting attorney will not see them as regularly as bigger jurisdictions, plus there are economic reasons for cities not to take all cases to a jury trial. It is simply more economic to plead the DUI case out favorably, than take the risk and cost to have a trial, especially if there are valid defenses.

Millard County Juvenile Defense Attorney

Fillmore City Criminal Charges? Filmore Defense Attorney Jake Gunter can help.

120 Days Suspension of your Drivers License for a DUI Conviction in Millard County:
Impaired Driving convictions will not suspend your Utah drivers license whereas, a DUI conviction will suspend your license for 120 days. Sometimes the best option is to get your DUI reduced to an Impaired Driver to avoid your license being suspended.


It is not illegal to drive a car in Utah with lawfully prescribed medicine in your system. What is illegal is if you drive your car while impaired under the law while taking your physician prescribed medicine.

Sometimes the police honestly get it wrong and believe you are impaired due to your prescription drug usage. The Therapeutic Range Defense to DUIs comes when the toxicology report indicates your medication usage was within the prescribed ranges ordered by your physician. Even if the tox report indicates ranges outside what was prescribed, that still is not against the law. What is against the law is if you are impaired and driving because of your prescriptions.

As always, the ultimate safeguard against unjust conviction is the jury system and it is ultimately up to the jury to decide whether you were impaired because of your prescriptions or not.


Similar to the Therapeutic Range Defense to prescription drug DUIs, it is not illegal to have alcohol in your system while driving. It is illegal to actually be drinking an open container while driving and it is illegal to be in actual physical control with a blood alcohol level of .05 or greater in the Great State of Utah.

Utah law allows the arresting police offer to arrest you for Impaired Driving or for DUI when your blood alcohol is less than the per se .05 level. The DUI arresting officer just needs Probable Cause to believe you are impaired while driving with alcohol in your system. Ultimately, it is up to the jury to decide if you were actually impaired or not.


Other defenses to DUIs are illegal stops under the United States Constitution and the Utah State Constitution. The 4th Amendment to the United States Constitution only allows reasonable searches and those based generally on Probable Cause.
The Fourth Amendment merits listing in its entirety here:

Amendment IV
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Your Millard County DUI lawyer will review all body camera and dashcam footage to ensure your Constitutional rights are upheld. Your Fillmore City DUI defense attorney will scrutinize whether Probable Caused existed to initially stop you and to hold you there beyond a reasonable time to dispel their initial interrogation.

Fillmore Criminal Defense Law Firm

Prescription Drug Defense Attorney. Millard county Utah.

DRUG POSSESSION DEFENSE ATTORNEY JAKE GUNTER: CALL (801) 373-6345. Free Consult. Flexible Payment Plans.

Even with the passing of Utah’s Medical Marijuana law, it is still illegal to possess a street level dosage of Marijuana, even if you have a Utah issued medical Marijuana card for qualifying conditions. Possessing drug paraphernalia is likewise illegal without a card.

120 Days Suspension of your Drivers License for Possession and Paraphernalia Convictions.

Simple Marijuana possession will suspend your drivers license for 120 days, unless your Millard County criminal defense attorney can mitigate, plea or beat outright your charges. The same goes for cocaine, meth and most illegal drugs under Utah’s driving code of 53-3-220 (2019).


While simple possession of Meth will suspend your license and render you a Class A Misdemeanor conviction, convictions for distributing Meth carry prison time and felony status. The same applies to Cocaine and Heroin Distribution.

The line between personal use and intentional distribution versus simply selling a bit to your friends is often not recognized by the police, judge and prosecuting attorney. Having the right Fillmore City criminal defense attorney can turn the case from distribution to personal use, simple possession. Having a Millard County criminal defense advocate in your corner matters greatly.


Often being cited on I-15 with speeding infractions or Reckless Driving can be resolved by mail requiring you to personally attend the Justice Court hearing. Hiring a Millard County traffic defense attorney can ease your burden and allow your life to continue with the attorney handling the speeding tickets.

Having a Fillmore City traffic defense attorney on your side can be more affordable than you think. Call traffic defense attorney Jake Gunter for a free consultation regarding your I-15 Traffic Offenses in Millard County, State of Utah.

DOMESTIC VIOLENCE DEFENSE ATTORNEY: Jake Gunter. Free Consult (801) 373-6345.

Domestic violence charges are unique charges because the charges rely heavily on non-police officer testimony to obtain convictions. Non-police officer witnesses are not professional witnesses like police officers are. They are not very experienced with recalling adequately the situation. These witnesses move around or leave the state and unlike police officers who can review written reports to refresh their memory before they are called to testify on the witness stand at the Fillmore City Justice Court, they must rely on their memory from a few months ago to a year ago.

Utah Domestic Violence convictions carry up to six months in jail, no possibility of prison and up to a $1,000 fine. The recommended bail schedule for a Millard County domestic violence conviction is $683 and 12 months court ordered probation with likely “choices” or “DV awareness” classes rounding out the terms of your probation.

Additionally, Utah domestic violence convictions are enhanceable, meaning subsequent domestic violence convictions, whether in the Fillmore Justice Court or the Millard County Justice Court, will enhance the grade of any future convictions generally changing the grade from a Class B Misdemeanor to a Class A Misdemeanor. Or ultimately up to a 3rd Degree Felony.

HIRE MILLARD COUNTY CRIMINAL DEFENSE ATTORNEY JAKE GUNTER. Payment plans available. Have Jake’s 15 years plus of defending people on your side.

Millard County – Justice Court
Delta City Justice Court
71 South 200 West
P.O. Box 854
Delta, UT 84624

Fillmore City Justice Court
75 West Center St.
Fillmore, UT 84631

Millard County Justice Court – East Courtroom
765 South Highway 99, Suite 2
Fillmore, UT 84631

Millard County Justice Court – West Courtroom
71 South 200 West
P.O. Box 854
Delta, UT 84624

765 UT-99, Fillmore, UT 84631
Phone:(435) 743-6530

569-647 UT-99, Fillmore, UT 84631
Phone:(435) 743-5302

THE FOURTH DISTRICT COURT—Covering Wasatch, Millard, Utah and Juab Counties.
Millard County – Fillmore District Court
765 South Highway 99 Suite 6
Fillmore, UT 84631

Is the lawyer you are about to call have 20 plus jury trials? Experience matters in criminal defense. Contact Jake today!

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