Choosing a Salt Lake Criminal Defense Attorney

Jan

Jesse, on the topic of Hiring a Lawyer

Hiring an qualified attorney can be a daunting task. If you open the phone book, you’ll find full page ads for certain criminal defense attorneys. If you ask multiple friends for attorney recommendations, you’ll likely get a few different answers. What can you do to find the best Salt Lake criminal defense attorney for you? Here’s a checklist of questions to ask any attorney before hiring them.

1. What experience do you have with representing someone charged with [insert the crime you are charged with here].
2. How long have you been practicing?
3. What percentage of your practice is focused on criminal law?
4. What outcomes have you achieved for other clients in similar situations?
5. What are the possible outcomes of my case?
6. What is the best strategy in my case?
7. Will you be doing the work yourself, or will you be working with a team?
8. What are you fees?
9. How much do you think my case will cost?
10. How will you keep me informed about my case? Email, telephone?
11. How long do you think my case will take?
12. Have you ever had your law license revoked?
13. Have you been the subject of a disciplinary proceedings ?
14. Have former clients made complaints about you to the Utah Bar?

In addition to those questions, make sure you consider the following:
1. Distance of attorneys office to your house or work
2. Attorneys personality matching your personality
3. Whether you feel you can ask questions freely or are intimidated by the attorney
4. Whether you feel confident that this attorney can help you

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Defenses to Utah Crimes

Jan

Jesse, on the topic of Legal Process, Utah Law

When you are charged with a crime, you have to plead guilty, not-guilty, or no-contest in some circumstances. If you plead not-guilty, you have to present a defense to the charges. Here are some typical defenses that are used:

I Didn’t Do It

Prove that I did it: The prosecution has the burden of proving that you actually committed the crime because you are presumed innocent until proven guilty. This mean that the prosecution has to convince a judge or jury that you were in the right place, at the right time, and you committed the crime. You, as the defendant, are not obligated to present a case, call witnesses, or even argue that the prosecutor is wrong. If the judge or jury doesn’t believe the prosecution’s story, then you will be found not-guilty.

I Wasn’t There

If you were charged with robbery of a bank at 3pm, your alibi defense would be that you were working across town from 1pm-5pm and couldn’t have robbed the bank. For an alibi defense to work, you will have to convince the jury with evidence that your alibi is truthful.

I Did It, But It Was Self Defense!

Charges of battery (hitting someone), assault, and murder will often result in a self-defense claim. The defendant will argue that their actions were justified because of the other person’s (the victim) threatening actions. The questions that will be important here are (1) who was the aggressor, (2) was the threat that the defendant perceived a reasonable threat, and (3) did the defendant use only the reasonable force necessary to protect himself? If a reasonable person in similar circumstances would have been justified in using the same force that the defendant used, then the defendant has the right to protect himself. But the defendant can only use force that is reasonable to combat the threat (fist vs. fist okay, but shooting someone with a gun who only threatens you with a fist is not okay).

I Did It, But I Was Insane!

This defense rarely works, and when it does, the defendant doesn’t simply go free. To prove insanity, the defendant must prove insanity, which can only be accomplished by involving psychiatrists. The defendant must go through complex testing of their mental state. If the defendant is found not guilty by reason of insanity, the defendant will be moved to a psychiatric hospital where they will be treated. Sometimes, the time spent in this hospital will be longer than the prison sentence they would have gotten with a guilty plea.

In Utah, the insanity defense will not work because the state abolished it. However, a defendant can be found guilty but mentally ill.

Whatever defense you want to present, having the assistance of a qualified attorney will help you to decide what kind of defense is best for your case.

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Utah Legal Definition: Dangerous Weapon

Dec

Jesse, on the topic of Utah Legal Definition

Photo: mr.smashy

Utah’s statute defining dangerous weapon is very broad. It not only covers the use of an actual weapon, but fake weapons as well. If a defendant takes a toy gun that leads a victim to believe that it is real, the law will treat them the same as if the defendant did have a real gun. The statute goes further in that the defendant doesn’t even have to show the toy gun—she could simply verbally tell the victim that she is in control of a real gun.

Utah Code § 76-1-601(5): Definition of Dangerous Weapon
(5) “Dangerous weapon” means:
(a) any item capable of causing death or serious bodily injury; or
(b) a facsimile or representation of the item, if:
(i) the actor’s use or apparent intended use of the item leads the victim to reasonably believe the item is likely to cause death or serious bodily injury; or (ii) the actor represents to the victim verbally or in any other manner that he is in control of such an item.

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US Supreme Court: Arizona v. Gant

Dec

Jesse, on the topic of Constitutional Rights, Dealing with Police, News, Utah Law

Before the recent US Supreme Court ruling in Arizona v. Gant, police could arrest you and then search your car for “officer safety.” The reasoning, from a previous Supreme Court ruling (New York v. Belton), was that an arrestee standing near the car might reach into the vehicle to grab a weapon and injure the police officer.

Many legal scholars and attorneys thought that this standard failed to meet the standard of probable cause. That is, after arresting someone, the police officers wouldn’t have probable cause to search the vehicle because the arrestee wouldn’t have access to the vehicle.

Thanks to the new Supreme Court ruling, police officers cannot simply arrest someone and then search the car. The only way police can search an arrestee’s car is if they reasonably believe that (1) the arrested individual might access the vehicle at the time of the search; or (2) the arrested individual’s vehicle contains evidence of the offense that led to the arrest.

Remember, if you are arrested and police ask to search your car, refuse! If they do search the car without your consent, do not argue and let them. This is a legal issue that can be dealt with later by your attorney.

When dealing with the police remember the three golden rules:
1. Don’t trust or believe the police.
2. Don’t resist being handcuffed.
3. Don’t say a damn thing.

Posted in Constitutional Rights, Dealing with Police, News, Utah Law | No Comments »

Text Messaging while Driving in Utah

Dec

Jesse, on the topic of Utah Law

Photo: drp

The Utah legislature recently enacted a law that prevents people from text messaging while driving. Violation of the law is a class C misdemeanor. The new statute reads:

“[A] person may not use a handheld wireless communication device for text messaging or electronic mail communication while operating a moving motor vehicle on a highway in this state.”Utah Code § 41-6a-1716.

There are some exceptions in the statute:

• During a medical emergency
• when reporting a safety hazard or requesting assistance relating to a safety hazard
• when reporting criminal activity or requesting assistance relating to a criminal activity
• when providing roadside or medical assistance
• when used by a law enforcement officer or emergency service personnel acting within the course and scope of the law enforcement officer’s or emergency service personnel’s employment

However, enforcement of this law is rather difficult because a police officer must view you actually text messaging. What if you were reading the newspaper on your phone, reading your email, or looking at a map on your phone? Under the statute, those activities are permitted.

Utah law defines text messaging as

“a communication in the form of electronic text or one or more electronic images sent by the actor from a telephone or computer to another person’s telephone or computer by addressing the communication to the person’s telephone number”

If a person isn’t sending an “electronic text” to another person’s phone or computer, they cannot be charged under this statute.

If you have been charged with texting while driving, contact a qualified attorney who can help defend you against this charge.

Posted in Utah Law | No Comments »

Verdicts in Utah

Nov

Jesse, on the topic of Legal Process, Utah Law

After a trial, there are only four verdicts available. All verdicts in a criminal case must be unanimous.

Guilty: If a jury finds the defendant guilty, the defendant’s next step is a sentencing hearing. The defendant has the right to be sentenced within 30 days, or if he chooses, the same day of conviction.

Not-guilty: If a jury finds the defendant not-guilty, the defendant is free to leave and the case is over. The defendant cannot be charged again for the same crime on the same facts (double jeopardy).

Not-guilty by reason of insanity: If a jury finds the defendant not-guilty by reason of insanity, the defendant may be moved to a psychiatric hospital where they will be treated. Sometimes, the time spent in this hospital will be longer than the prison sentence they would have gotten with a guilty plea.

Guilty and mentally ill: If a jury finds the defendant guilty and mentally ill, the defendant will go to prison, a psychiatric hospital, or a combination of both.

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Question: Do I have to talk to Salt Lake Police?

Nov

Jesse, on the topic of Constitutional Rights, Dealing with Police

Photo: Thomas Hawk

Q: A Salt Lake City police officer stopped me on the street and asked me if he could ask some questions. I felt like I had no choice but to say yes. He asked me a few questions and then let me go. Could I have said no?

There are three levels of stops in Utah: Level 1, Level 2, and Level 3. The difference between the three is how much a police officer suspects you of committing a crime. The more he suspects that you did something illegal, the more legal authority he has in keeping you from walking away.

It sounds like you experienced a Level 1 stop, which means you could have politely declined to answer any questions. Think of this as a stranger who walks up to you to ask a question: you can always say no. When the officer asks, be polite and say something like, “I’m sorry, I’m in a hurry. Have a nice day!” If the officer didn’t suspect you of anything when he first asked the question, he cannot detain you.

If the cop tries to intimidate you to answer his questions, you should ask, “Are you detaining me right now, or am I free to leave?” If this really is a Level 1 stop, the officer should let you go on your way.

A Level 2 stop is when a police officer has “reasonable articulable suspicion” that you committed a crime. This means that the officer reasonably suspects that you are involved in illegal activity. A Level 3 stop is when the officer has “probable cause” that you committed the crime, meaning that he thinks that you probably did something illegal. Under both a Level 2 and Level 3 stop, the cops are detaining you. You are not free to leave.

If an officer tells you that you are not free to leave, the officer should be able to tell you why you are being detained. If the cop starts asking you questions, the only questions you are obligated to answer are questions about your name, address, and explanation of your actions. You do not have to answer questions that could incriminate you. If you are being questioned by a police officer, simply ask for an attorney and the questioning should stop. At your next available opportunity, you should contact an attorney to assist you through the investigation.

When dealing with the police remember the three golden rules:

1. Don’t trust or believe the police.
2. Don’t resist being handcuffed.
3. Don’t say a damn thing.

Posted in Constitutional Rights, Dealing with Police | No Comments »

Utah Legal Definition: Disorderly Conduct

Nov

Jesse, on the topic of Utah Law, Utah Legal Definition

Photo: AndyWilson

If you were a member of the Utah Legislature and wanted to create a statute that was a catch-all for criminal activity, you would create Utah’s disorderly conduct statute. It allows for police to arrest you for multiple reasons for ambiguous actions, such as knowing creating a “hazardous” condition that serves “no legitimate purpose,” or making “unreasonable” noises in a public place. What do those parts of the statute mean? It means whatever an arresting police officer determines those words to mean.

Utah Code § 76-9-102: Disorderly conduct.
(1) A person is guilty of disorderly conduct if: (a) he refuses to comply with the lawful order of the police to move from a public place, or knowingly creates a hazardous or physically offensive condition, by any act which serves no legitimate purpose; or (b) intending to cause public inconvenience, annoyance, or alarm, or recklessly creating a risk thereof, he: (i) engages in fighting or in violent, tumultuous, or threatening behavior; (ii) makes unreasonable noises in a public place; (iii) makes unreasonable noises in a private place which can be heard in a public place; or (iv) obstructs vehicular or pedestrian traffic. (2) “Public place,” for the purpose of this section, means any place to which the public or a substantial group of the public has access and includes but is not limited to streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops. (3) Disorderly conduct is a class C misdemeanor if the offense continues after a request by a person to desist. Otherwise it is an infraction.

Posted in Utah Law, Utah Legal Definition | No Comments »

Hung Jury in Utah

Nov

Jesse, on the topic of Legal Process

All verdicts in a criminal case must be unanimous. So what happens when the members of a jury do not agree? This is called a “hung jury” and the judge will declare a mistrial. The court will then order a new trial.

Many defense attorneys believe that this is the best thing next to an acquittal. The advantage to this verdict is that the defense has a “do over” and can treat the first trial as practice.

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Utah’s Breast Feeding Law

Oct

Jesse, on the topic of Utah Law

Photo: c r z

Normally, a woman exposing her breast would be deemed lewd and the woman would be guilty of a Class B misdemeanor. However, the Utah Legislature ensured that breastfeeding women could not be charged under Utah’s lewdness statute. Specifically, they enacted a law that states:

A woman’s breast feeding, including breast feeding in any location where the woman otherwise may rightfully be, does not under any circumstance constitute a lewd act, irrespective of whether or not the breast is covered during or incidental to feeding. Utah Code § 76-9-702(7).

Notice that the statute allows a woman to breastfeed in public whether or not she covers her breast.

If you are a woman who has been charged with lewdness simply for breastfeeding, contact a qualified attorney that can help defend your rights to breastfeed in public as the law allows.

Posted in Utah Law | No Comments »

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