Outstanding Felony Warrant, 3 Felony Charges of Service Member

[honey87]

My question involves criminal law for the state of: Utah

This week, upon re-entry into the USA (after our armed forces overseas duty tour) my husband was arrested by airport police for an Outstanding felony warrant, he is currently being detained in Virginia. He waived extradition and we are waiting for Utah to pick him up, so the date is unknown.

According to the Utah prosecutors (when I called) they informed me that there was a (secret) investigation by a strike force in may 2009, and in april 2010 a warrant was issued. I was informed that my husband is being charged with distribution of a controlled substance

-1 count of 1st degree felony for mushrooms
-2 counts of 2nd degree felony for marijuana

The charges have been enhanced due to them being in a drug free zone. His bail is currently set at 40,000$. He has been arrested once for a DUI in 2008, and has had multiple traffic offenses, failure to show in court, and one retail shoplifting, but they were all fines which he paid.

I am confused as to the whats going on and I'm struggling to put it all together, and what to do. I have not gotten a private attorney, I can't decide if I should wait till he gets to Utah?

I know that Utah law doesn't differentiate between drug dealers and someone who shares their drugs or even someone who takes the drug doesn't smoke it and just gives it away. I don't know if my husband is guilty or not.

All I know is that he enlisted in the Army in November 2009 (so it doesn't make sense that he would be involved in something so stupid) and he was in basic training when the warrant was issued. He had renewed his license before he left for his overseas duty station in June 2010, so I'm not sure why his information wasn't flagged. He even called the same police station in regards to his car in 2011, and yet nothing was stated about the warrant. We are newlyweds and this is a shock to both of us. Before joining the military he had a fbi background check AND received a security clearance,- from my understanding since he was not charged with a crime in 2009 (and again he was unaware of the investigation) it would not have been on his FBI check.

I have been unable to speak to my husband since his detainment, I need him to be sent to Utah as soon as possible, Ideally we need this fixed before August 10th because his military career is in jeopardy if convicted or if he spends to much time in prison.

Whether or not my husband is guilty, I know that since he enlisted in the military his record has been spotless and he has been outstanding in his career and received awards and certificates. Hopefully if this does go to trial or into negotiations the court will see that he has become a model citizen.

Any advice/suggestions?

[indybail]

If the question is get a Utah lawyer? The answer is yes. This is a serious matter.

The question of whether he is now a model citizen does not have anything to do with the merits of the case. It would become relevant if he is found or pleads guilty and could be considered as a mitigating factor at sentencing.

Good luck.