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!

Utah Man Arrested for Exploiting Prostitution

A Utah man was arrested for exploiting prostitution during a human trafficking sting over the weekend in Salt Lake County.

The Pimp

Photo by: Ken

According to a bookings report from the Salt Lake County Jail, 28 year old Roger Dewayne Jessop was arrested on Friday for exploiting prostitution, a third degree felony. Police reports state Jessop was arrested at a hotel after an undercover agent arrived to an arranged meeting with a prostitute and observed that Jessop was the one running the show, causing the female prostitute to offer sex in exchange for money.

Exploiting prostitution

Utah Code 76-10-1305 states: “A person is guilty of exploiting prostitution is the person;

a) Procures a person for a place of prostitution;
b) Encourages, induces, or otherwise purposely causes another to become or remain a prostitute;
c) Transports a person into or within this state with a purpose to promote that person’s engaging in prostitution or procuring or paying for transportation with that purpose;
d) Not being a child or legal dependent of a prostitute, shares the proceeds of prostitution with a prostitute pursuant to their understanding that he is to share therein; or
e) Owns, controls, manages, supervises, or otherwise keeps, alone or in association with another, a place or prostitution or a business where prostitution occurs or is arranged, encouraged, supported, or promoted.”

Sexual solicitation or sex trafficking

Photo by: DualD FlipFlop

Those who “offer or agree to commit any sexual activity with another person for a fee ( . . . )“ are guilty of sexual solicitation, a class B misdemeanor. These charges do not apply if the person offering sex is a victim and doing said acts against their will. It wasn’t noted the age of the prostitute being pimped out by Jessop or whether or not she was a willing participant, however multiple female victims of human trafficking were noted as being rescued during the operation in Salt Lake County. To report information on a possible situation of human trafficking, call the National Human Trafficking Hotline at 1-888-373-7888. For legal aid regarding prostitution charges contact a criminal defense attorney.

 

Increased Alcoholism among Baby Boomers

Baby boomers are all nearing the age of retirement if they haven’t already and studies have shown this generation may have an increased chance of alcoholism, especially among women.

Increased age, increase alcohol use

Photo by: Katina Rogers

The National Institute on Alcohol Abuse and Alcoholism stated in a 2008 study ”about 40 percent of adults ages 65 and older drink alcohol.” Multiple studies conducted since that study in both in the U.S. and the UK have shown a dramatic increase of drinking among older adults than in previous years. Additionally, the amount of alcohol consumed by older adults is also increasing; in many case adults over 65 are drinking more than double the recommended weekly limit.

Older women at higher risk

While there have always been a higher amount of men who drink heavily compared to women, the rate of binge drinking among older women is increasing more rapidly than that of older males. Some theorize women over 65 may be increasing their heavy drinking due to it being more socially acceptable, to handle pain that comes with age, or even to fill the time of a life that may be slowing down with other activities.

Health risks

Photo by: Jeffrey Fairchild

Older women who drink heavily are at an increased risk of severe health problems related to alcohol abuse. According to the NIH, Those who are heavy drinkers could increase health problems such as “diabetes, high blood pressure, congestive heart failure, liver problems, osteoporosis, memory problems, and mood disorders.” They also note that “women typically start to have alcohol-related problems at lower drinking levels than men”. Additionally, many medications that those 65 and older take regularly can have dangerous reactions when mixed with alcohol.

Legal ramifications

Beyond the wide range of health risks, both men and women over the age of 65 should be aware of the legal risks that can be associated with binge drinking.

• As reaction time and memory recall decreases with age, alcohol can magnify this effect. The combination of age and alcohol could increase the chance of individuals putting others in harm whether through trying to operate a vehicle or other heavy machinery or by increasing the chance of accidental home fires that could result in injury or death. The NIH stated “Aging can lower the body’s tolerance for alcohol. Older adults generally experience the effects of alcohol more quickly than when they were younger. This puts older adults at higher risks for falls, car crashes, and other unintentional injuries that may result from drinking.

• Alcohol has been shown to be a factor in many aggravated criminal cases such as homicides, assaults, and sexual crimes. Alcohol does not discriminate in regards to age. Those who have a tendency to show increased agitation when they are drunk at 40 may also face the same reaction when they are over 65. Age is never an excuse for violent behavior.

• In a little over a year, Utah will be decreasing the BAC limit for drivers. Most drivers, especially women who typically weigh less than men, will not be able to drive legally after even one drink. All drivers should consider planning ahead for a designated driver whenever alcohol is to be consumed.

Set limits

The NIH recommends those who are over 65, healthy, and not on medication (or planning on driving) should limit their amounts of alcohol to no more than “3 drinks on a given day” and “7 drinks in a week”. Although alcohol is legal for all adults over the age of 21, it may be wise to recognize problems of binge drinking and take precautions to curb excess drinking before health or legal consequences ensue. For any adult regardless of age that is facing criminal charges stemming from an alcohol related offense, it is best to consult immediately with a criminal defense attorney.

Illegal Immigrants Who Are Victims of Crimes Eligible for Temporary Visa

Illegal immigrants who are victims of crime may be eligible for a temporary U Visa in order to help police make an arrest.

U Visa

DVIDSHUB

Many victims of crimes who are in the country illegally are afraid to come forward during an investigation for fear of being deported. The U Visa is a temporary visa, good for up to four years that is reserved to protect victims of crimes by ensuring the victims will not face deportation if they are able to help law enforcement investigate and prosecute their aggressors.

Eligibility requirements

According to the Department of Homeland Security, a person may be eligible for a U visa, otherwise known as U nonimmigrant visa, if they:

• “are the victim of qualifying criminal activity.
• have suffered substantial physical or mental abuse as a result of having been a victim of criminal activity.
• have information about the criminal activity. If [they] are under the age of 16 or unable to provide information due to a disability, a parent, guardian, or next friend may possess the information about the crime on your behalf (see glossary for definition of ‘next friend’).
• were helpful, are helpful, or are likely to be helpful to law enforcement in the investigation or prosecution of the crime. If [they] are under the age of 16 or unable to provide information due to a disability, a parent, guardian, or next friend may assist law enforcement on [their] behalf.
• The crime occurred in the United States or violated U.S. laws.
• are admissible to the United States. If [they] are not admissible, [they] may apply for a waiver on a Form I-192, Application for Advance Permission to Enter as a Nonimmigrant.”

Also listed by the Department of Homeland Security, U.S. Citizenship and Immigration Services are the ‘qualifying criminal activities” which are:

• Abduction
• Abusive Sexual Contact
• Blackmail
• Domestic Violence
• Extortion
• False Imprisonment
• Female Genital Mutilation
• Felonious Assault
• Fraud in Foreign Labor Contracting
• Hostage
• Incest
• Involuntary Servitude
• Kidnapping
• Manslaughter
• Murder
• Obstruction of Justice
• Peonage
• Perjury
• Prostitution
• Rape
• Sexual Assault
• Sexual Exploitation
• Slave Trade
• Stalking
• Torture
• Trafficking
• Witness Tampering
• Unlawful Criminal Restraint
• Other Related Crimes*†”

Abuse of a well-intended program

While the U visa was created originally to help those who were victims of sex trafficking through the Victims of Trafficking and Violence Protection Act of 2000, it is swelled into a free-for-all for any illegal immigrant willing to prosecute another person who has wronged them in order to be granted temporary citizenship. Otherwise minor offenses such as stalking, blackmail, and witness tampering are now qualifying criminal activities that can secure a victim a temporary citizenship. Those who are victims of more heinous crimes such as female genital mutilation, rape, and sex trafficking now have to fight for one of the 10,000 U visas granted annually.

Used ONLY if/when needed

Another concern over the U Visa program is the lack of a deadline between when a crime is committed and when a petition for a U visa is accepted. Victims of qualifying criminal activities can apply for a U Visa immediately after the crime or even over a decade later which was the case for Javier Flores Garcia of Philadelphia. Garcia and his brother were attacked by two other illegal immigrants, with Garcia and his brother suffering several stab wounds. The incident took place in 2004 yet Garcia did not apply for a U Visa and offer to help prosecute his assailants until 2016. Twelve years had passed, and Garcia only agreed to help police make a case against the two men when he himself was suddenly facing deportation.

Unfair tool to obtain a conviction

Although the U Visa has its place to help victims of crimes suffering from physical and mental abuse, many feel it is being overused and/or abused. Until the U Visa program is reexamined and revised to only help those who truly need it, its use in obtaining a conviction or rising a case from the dead should be strictly limited.