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!

Opioids and Benzos – A Deadly Combination

Opioids and Benzos- two highly addictive drugs that can be obtained illegally or with the help of a physician can be a deadly combination when used together.


Photo by: Dennis Yip

Opioids are a type of drug that binds to the opioid receptors in the body, reducing pain while increasing a sense of euphoria. Opioids can come in illegal forms such as heroin or fentanyl or they can be prescribed legally by a doctor. These prescription opioids include the popular:

• OxyContin;
• Morphine;
• Vicodin; and
• Codeine.

Opioids by themselves have caused tens of thousands of overdose deaths last year alone. They are highly addictive, quickly leading to dependency. They who are dependent on opioids commonly misuse them in extreme quantities. Misuse or overuse of opioids can result in respiratory distress and death.

Benzodiazepines (Benzos)

Another “feel good sedative”, Benzodiazepines are “a type of prescription sedative commonly prescribed for anxiety or the help with insomnia“ according to the National Institute on Drug Abuse. The go on to describe common [benzos] as “Valium, Xanax, and Klonopin.” Just like opioids, benzos can sedate a person too much, decreasing their breathing to dangerous levels. Combined, Opioids and Benzos are too often deadly.

A deadly combination

Photo by: Jason Rogers

On their website, NIH also states “More than 30 percent of overdoses involving opioids also involve benzodiazepines”. With both drugs meant to sedate, it is highly likely that the combined effect of both drugs being used simultaneously can suppress breathing to the point of stopping completely. The respiratory system of users is so relaxed, it forgets to intake oxygen.

Help for those with addictions

Those who know individuals struggling with an opioid addiction, inform them of the dangers of mixing benzos with opioids even under a doctor’s care. Those fighting addiction are encouraged to instead look at “effective medications [that] exist to treat opioid use disorders [such as] methadone, buprenorphine, and naltrexone.” Loved ones of addicts should consult with a doctor about obtaining the drug naloxone to reverse an overdose should the unthinkable happen when they are present.

Landlord and Tenant Laws- Utah Fit Premises Act

Renting out property or space in an existing home that is not being used can seem like an easy way to make some extra cash, but property owners and their renters should make certain they are in accordance with the landlord and tenant laws defined under the Utah Fit Premises Act.

Renter population

Photo by: Mark Moz

According to the National Multifamily Housing Council, 37% of households in the U.S. are renter-occupied. Of those households renting, 35% live in single-family homes, 18% live in 2-4 unit structures, 43% live in buildings such as apartments with 5 or more units, and 4% of renters live in mobile homes. With such a large percentage of households living in a structure owned by another person, there are laws in place to ensure that both landlord and tenant are protected while ensuring safe and clean housing.

Utah Fit Premises Act

The Utah Fit Premises Act found in Utah Code Title 57 Chapter 22 defines the duties associated with the owners of rentals in Utah as well as what is legally expected from their tenants. The owners or landlords can be those who legally possess the property in question or those who are hired as a “managing agent, leasing agent, or resident manager [who are] considered an owner for purposes of notice and other communication [unless otherwise stated]”. Utah Code 57-22-2 defines a renter as “any person entitled under a rental agreement to occupy a residential rental unit to the exclusion of others.”

Owner duties prior to rental agreement

According to the Utah Fit Premises Act, before an owner or manager of a property accepts a rental application fee, the owner should inform the potential renter whether or not a unit is even available and if a background check, credit check, verification of employment status, or other condition of rentals will be conducted that could disqualify the renter’s application from being accepted. Once an application is accepted, and prior to both parties signing a rental agreement, which is strongly encouraged, the owner must document the condition of the property, disclose it to the potential renters, and allow them a period of time to agree on the state of the unit. Owners may instead allow prospective renters to do a “walk-through” to inspect for damage or wear not included in the rental agreement. Upon signing the rental agreement, the property owner or lessor must include their contact information as well as a copy of the rental agreement and any rules associated with the property.

Living conditions of the property

Utah Code 57-22-3 states that the owner or rental management must “maintain that unit in a condition fit for human habitation [and that] each residential rental unit shall have electrical systems, heating, plumbing and hot and cold water.” Additionally, according to 57-22-4, “to protect the physical health and safety of the ordinary renter, an owner:
(a) may not rent the premises unless they are safe, sanitary, and fit for human occupancy; and
(b) shall:
(i) maintain common areas of the residential rental unit in a sanitary and safe condition;
(ii) maintain electrical systems, plumbing, heating, and hot and cold water;
(iii) maintain any air conditioning system in an operable condition;
(iv) maintain other appliances and facilities as specifically contracted in the rental agreement; and
(v) for buildings containing more than two residential rental units, provide and maintain appropriate receptacles for garbage and other waste and arrange for its removal, ( . . . ).”

If the tenant feels the property is in dangerous condition, the property owner shall take immediate action to repair or remedy the property within a corrective period or the rental agreement shall be terminated with the security deposit and any prorated amount given back to the renter. If the renter is the victim of a crime such as domestic violence or burglary, the property owner must comply with the tenant’s request for a lock change.

Renter’s duties

The tenants of rentals in Utah have their own rules to follow as well. According to Utah Code 57-22-5, renters must keep the premises clean and sanitary, cleaning up all garbage while complying with the rules of the board of health. They may not have more occupants than allowed and must “use all electrical, plumbing, sanitary, heating, and other facilities and appliances in a reasonable manner”. They are expected to pay their rental payment on time and follow the rules outlined in their rental agreement which could include the prohibition of “smoking tobacco products within the residential rental unit, or on the premises, or both.” The tenants of a rental should not “destroy, deface, damage, impair, or remove any part of the ( . . . ) unit”. They are not to “interfere with the peaceful enjoyment of [other nearby renters]” and must allow the owners or management entrance for necessary repairs.

Failure to comply

If the owner or tenant fails to comply with their duties defined by state law, the other party could take civil action against the other. If damage is done to property or if injury occurs due to negligence of another, criminal charges could arise.

DUI Arrests in Utah May Result in Ignition Interlock Device

When an individual in Utah is arrested for a DUI, they may end up sporting an ignition interlock device in their car to keep tabs on them and prevent them from reoffending.

DUI Charges

Photo by:
Sonny Abesamis

Utah is soon to be the strictest state in regards to driving intoxicated when the BAC limit is lowered to .05% next December. When that occurs, anyone with a smidgeon of alcohol on their breath could face 48 hours in jail and a fine of $700 along with other screening and possible classes. Others, including those with subsequent offenses, minors, or those with high a high BAC may face greater challenges including loss of driver’s licenses and expensive ignition interlock devices.

Ignition interlock

An ignition interlock is an expensive device that is installed in a defendant’s vehicle for a determined amount of time following a DUI charge where according to Utah Code 41-6a-505 “there is admissible evidence that the person had a blood alcohol level of .16 or higher”. Ignition interlock devices may also be ordered by the courts if the driver was under the age limit to legally consume alcohol, repeat offenders, or for those who caused injury or death while driving intoxicated. ignition interlock is a built in breathalyzer, requiring drivers to blow into it to be able to start their vehicle. If the ignition interlock detects alcohol, it will not allow the vehicle to be started.

Record and report

Last year alone, ignition interlock devices were credited with stopping over 2,500 individuals from driving while intoxicated. Ignition interlocks do more than prevent a person from driving while intoxicated however. When the device detects alcohol, it electronically stores that information and shares it with the courts which could put a person in violation of their probation. Those who are facing a DUI charge or a probation violation after a failed attempt with an ignition interlock are encouraged to immediately seek counsel with an attorney to receive legal advice in how to proceed with their case.