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Convicted on a photograph

Convicted on a photograph

State v. Wager, 2016 UT App 97 (May 12, 2016) (Voros, J.)

Case Summary:

Tim G. Wager was convicted of possession of methamphetamine and marijuana. The principal issue on appeal concerns the authentication at trial of a photograph obtained from Wager’s ex-girlfriend. The photograph appears to show Wager sitting in his bathroom smoking a meth pipe.

Case Status:

Conviction affirmed.

Summary of Legal Arguments:

The district court did not abuse its discretion when it determined that the photograph was authenticated; a detective testified that the photograph was of the defendant’s bathroom and that the person in the photograph was the defendant, even though the detective did not take the picture or witness the taking of the picture.

What this means for you:

First and foremost, do not use drugs.  If you are going to use drugs, do not take photographs, be involved in video of the act, no matter how close you think the people taking the video or photograph will be.  This case allows for evidence to be substantiated on a basis of a simple ex girlfriend providing the photograph to the police and the police taking a photograph of the location where the drug use was presumed to have been.

Many people do not think straight when it comes to the use and abuse of drugs.  It is important to have an experienced attorney from the onset of your case.  However, even then, the circumstances being what they are, you may find yourself convicted of a crime.  Be smart about your actions and how you decide to handle the consequences of those actions.  Sometimes, its as simple as a disgruntled ex that can land you in hot water.

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