Salt Lake Criminal Defense Attorney - Clayton Simms

new_clayton_about A criminal charge, whether it is a felony or misdemeanor, can be a life changing event. Clayton Simms is a fierce advocate for people who have been charged with misdemeanor and felony offenses. He represents clients who are facing charges in Salt Lake City and Greater Salt Lake County. In addition, he also represents clients along the Wasatch front. Clayton Simms represents defendants in other crimes Clayton has represented athletes, doctors, lawyers, and other notable people and has been featured on the news. Do you have a legal question? Contact Clayton Simms today!

Paranoid Man Transporting Methamphetamine Calls Police, Gets Busted for Intent to Distribute

A man transporting methamphetamine along I-15 in Utah became paranoid he had a tail and proceeded to call police, only to get busted for intent to distribute.

Attempt to locate not needed

Photo by: Hunter McGinnis

Photo by: Hunter McGinnis

The 27 year old man, who has yet to be identified due to a falsified passport, was transporting more than 36 pounds of methamphetamine in sealed food containers when he called police to report he was being followed. Police arrived to a location off of Interstate 15 where the man was patiently waiting for the officers to arrive. Upon further discussion with the man, police were unable to find evidence the man was being followed, yet he was notably under the influence of drugs. It was then they discovered he was transporting nearly half a million dollars’ worth of methamphetamine.

Don’t sample the merchandise

This isn’t the first time a person transporting drugs through Utah has voluntarily notified police to their whereabouts. Just last January, two men transporting over 20 pounds of marijuana from Nevada to Idaho along I-15 in Utah called police right after crossing the Utah-Idaho border. The incredibly stoned duo were convinced various cars on the road were actually undercover police officers preparing to arrest them. Instead of dealing with the anxiety of waiting to get busted, the 22 year old and 23 year old called the unsuspecting police to get things over with quickly.

Felony methamphetamine distribution

methamphetamine

Photo by: U.S. Customs and Border Protection

Drug possession charges in Utah can be severe, and distribution or intent to distribute charges are far worse. According to Utah Code 58-37-8, “It is unlawful for any person to knowingly and intentionally:

(i) produce, manufacture, or dispense, or to possess with intent to produce, manufacture, or dispense, a controlled or counterfeit substance;

(ii) distribute a controlled or counterfeit substance, or to agree, consent, offer, or arrange to distribute a controlled or counterfeit substance;

(iii) possess a controlled or counterfeit substance with intent to distribute; ( . . . )”

A person convicted of intent to distribute methamphetamine or other Schedule I or II substance is guilty of a second degree felony, or a first degree felony upon subsequent convictions. Those possessing enough marijuana to be considered intent to distribute can face a third degree felony or second degree felony upon a subsequent conviction.

Let someone else represent in court

For those who are facing possession or distribution charges in Utah, even if those charges came about due to self-incriminating phone calls to police, it is always recommended to speak to a reputable criminal defense attorney to speak in your behalf.

Employment Consequences Following an Arrest in Utah

Having a felony criminal record can have devastating consequences for Utah residents when it comes to finding housing and work, however even a minor arrest can result in undesirable consequences to one’s employment.

An arrest is public record

Employment After Arrest

Photo by: Dylan

When an arrest takes place, that information can instantly become public knowledge. The arrestee’s information along with facts related to the crime may be logged on a bookings page with the county sheriff or a small blurb may be written in the incident section of the local newspaper. Often this embarrassing publicity can go undetected by employers or coworkers of the person arrested. If it is noticed, which is often the result of increased coverage by the media for being a “bigger story”, it can quickly spread around the office, making the workplace unwelcoming for the defendant.

Returning to work

Returning to a place of employment following a night or two in jail should not result in anything more than awkward sideways glances from coworkers. If the arrest occurs due to illegal behavior at work however, the accused will likely be put on temporary administrative leave before being permanently terminated if or when convicted. If the arrest takes place off the clock, in a setting not remotely connected to a person’s employment, an employer is usually discouraged from releasing an employee from his job. If not, they could be in violation of Title VII of the Civil Rights Act of 1964.

Know your employment rights

Photo by: aj victorio

Photo by: aj victorio

For individuals who were recently arrested and are worried about the effects it will have on their career, it is important to know first what rights employees in the State of Utah have. According to the Utah Labor Commission and the Equal Employment Opportunity commission regarding Title VII, employees are protected from job related discrimination following an arrest. Aside from actual convictions, especially those including felonies, an arrest cannot be used as the basis of terminating employment. As the EEOC states, “The fact of an arrest does not establish that criminal conduct has occurred. Arrests are not proof of criminal conduct. Many arrests do not result in criminal charges, or the charges are dismissed. Even if an individual is charged and subsequently prosecuted, he is presumed innocent unless proven guilty.” The EEOC adds however, that “although an arrest record standing alone may not be used to deny an employment opportunity, an employer may make an employment decision based on the conduct underlying the arrest if the conduct makes the individual unfit for the position in question. The conduct, not the arrest, is relevant for employment purposes.”

When an arrest is still used against an employee

Just because an employer cannot safely fire one of their employees based on an arrest, it doesn’t mean they won’t find other ways to punish the arrested employee. In fact, if an employer is unhappy about the arrest of their employee, and they were previously lenient about certain rules and codes of conduct related to the job description, they may increase enforcement of those rules without as much risk of retaliation from the employee. This may be the employer’s way of trying to encourage the arrestee to quit, by ensuring the workplace isn’t as enjoyable as before. Although an employee can attempt to press charges or wait for the ill feelings to eventually dissipate, some take the easier way out by finding another job where their dirty laundry isn’t known by all.

Protect your record, protect your employment

Photo by: kate hiscock

Photo by: kate hiscock

Most employers in Utah are kind and understanding following an arrest. This is particularly true if the defendant is eventually found to be innocent of all charges. The ideal way to protect your employment following an arrest is to protect your record. With any arrest, contact a criminal defense attorney to give you a better chance of walking away with a clean record and job security.

Constitutional Rights against Unreasonable Searches Not Maintained in Cases of Mistaken Identity

The Fourth Amendment protects citizens’ Constitutional Rights against unreasonable searches, however these rights are not maintained in cases of mistaken identity.

Mistaken Identity

Photo by: Ben Tesch

Photo by: Ben Tesch

Mistakes are known to happen, and sometimes when those blunders are made by law enforcement it can result in the wrong person being arrested. One of the areas where law enforcement has been known to slip-up occasionally is with mistaken identity. Police can often confuse an innocent person with a suspect due to issues such as address typos, similar names, or matching physical description. When this occurs, it can have prolonged emotional and even criminal repercussions.

Wrong man

When cases of mistaken identity are seen as the blunders by law enforcement that they are, those officers involved may end up temporarily or permanently removed from their position in the police department. They may also face civil lawsuits brought out by those they wrongly identified. Last year an Indiana man named DeShawn Franklin was awarded a whopping $18 settlement for a case of mistaken identity that took place four years prior. During the incident in question, officers entered the home Franklin lived in with his parents and went into the high school senior’s room where he lay asleep in his bed. After the startled teenager struggled due to the frightening scene, officers then punched him several times and hit him with a Taser gun before hauling him off to jail.

Mistaken Identity

Photo by: Lil Treyco

It turned out that Franklin, who matched the police’s description of a slender African-American man with dreadlocks, was not the person authorities were looking for. The man officers were searching for was Franklin’s older brother who wasn’t present at the time.

Arrested anyway

Sometimes an arrest based on mistaken identity doesn’t end with such profitable settlements and can still result in charges for the person arrested. This can happen if the person wrongfully detained ends up having warrants, being wanted for other crimes, or if illegal contraband is found in their possession during a search. This was the case for a Utah man named Wendell Navanick, who just so happened to share a name and birth year with another Utah man who had an outstanding warrant out for his arrest. When authorities located the warrantless Wendell Navanick, they ignored the man’s statement of being the wrong guy and booked him into the Salt Lake City Jail. During the booking procedure, authorities found drugs on Navanick and charged him with possession of a controlled substance. Although it was quickly discovered that authorities had not arrested the right person, Navanick was still charged with possession related to the drugs that were found on him during the booking process.

Fourth Amendment

The Fourth Amendment to the United States Constitution states: “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. “ The United States Courts adds however, that the Fourth Amendment “is not a guarantee against all searches and seizures, but only those that are deemed unreasonable under the law.”

Unreasonable search loophole

Photo by: West Midlands Police

Photo by: West Midlands Police

When a victim of mistaken identity ends up with charges related to a search of their person or property because they were believed to be someone else, that search is not considered unconstitutional by law. In the case of the State of Utah v. Navanick, the defendant tried to claim his Fourth Amendment rights had been violated with the bookings search since it was “predicated upon an invalid arrest” however that claim for an appeal was shot down. The arrest was validated since the officers were found to have probable cause. “The only question is whether it was reasonable for the arresting officers to believe that the person arrested was the one sought.” (Gero v. Hanault). Anyone who is facing criminal charges related to a mistaken identity search is strongly urged to consult with a criminal defense attorney to ensure that all Constitutional Rights during criminal proceedings are protected.