Utah Man Arrested For Stealing Police Car

Jun
19
Utah Criminal Defense Blog, on the topic of  Utah Legal Definition
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A Utah man who’d just been arrested for some criminal action is now facing additional charges after he stole a police car and took off in it.

Photo: VinceFL

Photo: VinceFL

The man was arrested after police caught him and a woman doing drugs in a car sitting in a parking lot. He was handcuffed and put in the back of a police car while officers searched his vehicle. Somehow he managed to slip out of his handcuffs, get into the driver’s seat of the patrol car and drive away.

Watch Where You Fire Your Gun

In an effort to stop the man, one officer fired his gun but the bullet hit the roof of the car. Fortunately no innocent bystander was injured—by the intoxicated driver or a random police bullet.

The guy was later found and arrested again in a Clinton neighborhood after a resident became suspicious about the patrol car and its occupant and dialed 911. He is being charged with stealing a patrol vehicle, drug paraphernalia and vehicle burglary.

You may be charged with a class A misdemeanor if you illegally get into any vehicle while intending to commit a felony or theft. It’s generally a class B misdemeanor to use or possess drug paraphernalia; the crime increases if you’re delivering or planning to deliver the paraphernalia.

Get the Legal Help You Need

To say that the man in this incident is in a bit of trouble is probably an understatement. That’s why we hope he has a top Utah criminal defense attorney on his side.

If you are in a legal bind, don’t wait to talk to an experienced attorney. You need and deserve expert legal representation regardless of the accusations against you. Make the right move and talk to a Utah criminal defense attorney today.

Posted in Utah Legal Definition | No Comments »

Sesame Street Kit for Kids With a Parent in Prison

Jun
18
Utah Criminal Defense Blog, on the topic of  Criminal Defense Misc
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Just in case a kid can’t cope with having a parent in prison, Sesame Street designers have created a kit to help children get through the emotional issues involved with having an incarcerated parent. Apparently, a couple of million kids have at least one parent in prison, and now children between the ages of 3-8 can turn to Elmo for their psychiatric needs.

Photo: USAG-Humphreys

Photo: USAG-Humphreys

Free Kit for Caretakers

Titled “Little Children, Big Challenges,” the online kit appears to be free to anyone who wants to download it; you can even put it on your e-reader. There are a variety of printable pdfs included in the kit, everything from morning routine charts to tips for parents and caregivers.

Some of the tips in the kit are:

• Building security for a child by letting them know what will happen throughout the day
• Help a child to express his emotions by asking questions
• Answering questions honestly, including the kind involving “Where’s Daddy (or Mommy)?”

Another handy part of the Sesame Street kit are some videos you and your child can watch together. Whether it’s “What is Incarceration?” or “How About Your Feelings?,” watching a video on the topic could be an interesting way to spend time helping a child understand where his parent is—although you might not want to go into details about “why” Daddy or Mommy is in prison.

Should Elmo Be Elevated to Social Worker?

What do you think about letting Sesame Street help explain what jail is and why it’s a consequence for parents who, frankly, make bad decisions and can’t parent their own child? Perhaps it’s true that it does take a village to raise a child. Of course, the village might not have to help out so much if Mommy hadn’t decided to shoot somebody or do drugs.

If you or a loved one has made a legal mistake, we are available to assist you if you need an experienced Utah criminal defense attorney. We won’t take the place of your kid’s psychiatrist, but we will provide you with the best criminal defense possible.

Posted in Criminal Defense Misc | No Comments »

Torture of Companion Animal Charge in Utah

Jun
17
Utah Criminal Defense Blog, on the topic of  Utah Crime News
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A Utah man has been charged with committing torture of a companion animal after a neighbor reported him to police.

Photo: epSos.de

Photo: epSos.de

Casey Bowmen is now facing a felony charge following his alleged violent actions against his dog. Bowmen’s neighbor called police after witnessing the man hit the dog with his closed fist at least a couple of times. The neighbor took pictures of the alleged abuse and gave those to the police to use as evidence against Bowmen.

Torture of a companion animal is a third degree felony in Utah and falls under the criminal statute of cruelty to animals. You may be guilty of aggravated cruelty to animals if you:

• Torture an animal
• Give poison to an animal
• Allow someone else to give poison to an animal
• Kill or allow someone else to kill an animal

Depending on the accused’s motivation behind the crime, he could be charged with either a misdemeanor or a third degree felony. If you intentionally or knowingly torture an animal, you will be charged with a third degree felony.

Someone found guilty of committing a third degree felony may spend as much as five years in prison. Misdemeanors vary; being guilty of a class B misdemeanor could send you to lockdown for up to six months.

Considering we don’t have both sides of the story, it would be wise to avoid making any judgments. After all, a person is presumed innocent unless found guilty in court.

If you’re charged with any Utah crime, your best move is to talk to an experienced Utah criminal defense attorney. Don’t try and go it alone in court. The law is complicated and not designed for the average person to deal with. Make the right choice and hire a top Utah criminal defense attorney today.

Posted in Utah Crime News | No Comments »

Utah Criminal Laws and Off Highway Vehicle Use. How to Snowmobile, Bike and Four-Wheel Crime Free.

Jun
12
Utah Criminal Defense Blog, on the topic of  Utah Legal Definition
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Utah is a popular place for year-around off highway vehicle use—whether you’re into snowmobiling in the winter or four-wheeling in the summer. There are some laws and rules you should know about, however, to keep your off highway vehicle experience fun and crime-free.

Photo: Beth Woodrum

Photo: Beth Woodrum

You are not allowed to tear down, mutilate, destroy or deface the following items prohibiting or regulating off highway vehicle use on public lands:

• A sign
• A signboard
• Any notice

It’s also illegal to do anything to a fence or other type of enclosure or bars/gates on public lands.

It is against the law to operate a motor vehicle or give someone else permission to drive on public lands not designated for cross-country use. If you do either, you could

• Be guilty of a class C misdemeanor
• Be fined up to $150
• Be required to perform community service by repairing any damage you caused in your cross-country driving

Penalties are increased if you have previously been convicted of violating certain Utah laws or you’re caught committing some crimes related to cross-country driving.

There are many rules and regulations concerning off highway vehicle usage; if you have more questions, don’t hesitate to contact your local governmental entity.

If, perhaps, you’ve been charged with crimes relating to off highway vehicle use, immediately talk to a Utah criminal defense attorney. Don’t assume you have to live with a criminal charge or fine, particularly if you inadvertently disobeyed the law. Call a Utah criminal defense attorney today.

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Youth Home Employee Charged with Child Sex Abuse

Jun
11
Utah Criminal Defense Blog, on the topic of  Utah Crime News
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Daniel Taylor is facing numerous criminal charges, including child sex abuse, in connection with his alleged illegal behavior towards three girls at a troubled youth home.

Photo: Curtis Dean Wilson

Photo: Curtis Dean Wilson

What Are the Accusations?

Taylor is accused of rape, aggravated child sex abuse, child abuse and assault. He is believed to not only have raped a 17-year-old girl on three different occasions, but also to have touched another girl’s genitals. The assault charge stems from an incident where he supposedly pushed an adult employee (at the youth home) onto the floor and wrenched her wrist.

Position of Special Trust

One way that a person can be charged with aggravated child sex abuse is if he is in a “position of special trust” in relation to the child. People in this position can be:

• Adult youth or recreational leader
• Adult atheltic manager
• Adult coach
• Teacher
• Counselor
• Religious leader
• Doctor
• Employer
• Foster parent
• Babysitter
• Adult scout leader
• And others.

Child sex abuse in Utah includes most sexual-related behaviors that don’t amount to rape. Child sex abuse is generally charged as a second degree felony, but is increased to a first degree felony when the charge is aggravated.

Keep in mind that this man is innocent unless proven guilty. Criminal charges usually have to be filed against a person to get to the bottom of an accusation. The prosecution will have to prove that Taylor committed these crimes if he is to receive more substantial consequences.

Hire an Attorney

As always, don’t wait to discuss your case with a Utah criminal defense attorney if you have been charged with any crime. Don’t risk your freedom by relying on the prosecution to figure out the truth. Call a top Utah criminal defense attorney today.

Posted in Utah Crime News | No Comments »

LDS Seminary Teacher Charged with Burglarizing a Home for Lortab

Jun
10
Utah Criminal Defense Blog, on the topic of  Drugs in Utah
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An LDS seminary teacher has been charged with several crimes after admittedly burglarizing a home for Lortab.

Photo: Robert and Mihaela Vicol

Photo: Robert and Mihaela Vicol

Brian Thacker entered a home on a Sunday afternoon and allegedly took Lortab from a medicine cabinet in the home. One of the home’s residents was upstairs at the time and looked out the window as he was leaving. At that point she recognized him and called police.

Thacker reportedly admitted to burglarizing the home and stealing the Lortab. He is currently on administrative leave from his job with the LDS Church and is in a drug rehab program. He is scheduled to appear in court later this month.

Felony and Misdemeanors

In addition to being charged with burglary, a second degree felony, Thacker is also charged with two class B misdemeanors: theft and possession of a controlled substance. A second degree felony guilty verdict can earn a person anywhere from 1-15 years in prison, while a class B misdemeanor guilty verdict can result in a sentence of up to 6 months in jail or prison.

Always Talk to an Attorney First

The first mistake Thacker made (if it’s true) was burglarizing a home. His next mistake was to talk to police about a crime they believe he’d committed without consulting a Utah criminal defense attorney.

Law enforcement has their own agenda—it’s to charge someone with a crime. They’re not looking out for the best interests of the person they believe is guilty.

A Utah criminal defense attorney has his agenda, too. It’s to help defend his client to the best of his ability. If you’re being investigated for any crime, firmly refuse to answer questions until you talk to a lawyer. The only information you’re required by law to give to police is your identification. Other than that you are under no obligation to talk to police, particularly if they want you to incriminate yourself.

Always talk to an experienced criminal defense attorney before you discuss your situation with the police. Remember: you’re innocent unless proven guilty and you don’t need to help put yourself in jail.

Posted in Drugs in Utah | No Comments »

Smoking Alcohol: A New Way to Get Drunk, But Is It Safe?

Jun
06
Clayton Simms, Criminal Defense Attorney, on the topic of  Alcohol in Utah, Utah Crime Related Videos
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Who says humans aren’t creative? A new way to get intoxicated has arrived: smoking alcohol. Yes, smoking alcohol is now all the rage. People are using bike pumps to create a DIY kit that vaporizes the alcohol or using dry ice to vaporizes the alcohol. Some people are using this technique to avoid the empty calories of alcohol. A 12 ounce beer contains 149 calories, liquor (gin, rum, vodka or whiskey) contains about 98 calories per 1.5 ounce serving and wine contains about 95 calories per 5 ounce glass. Alcoholic beverages are full of calories, but offer new nutrients and smoking alcohol is way to gain the effects of alcohol without the calories.

Smoking alcohol is considered dangerous because the alcohol is hitting your lungs directly without being processed by your liver or mixing with the food in your stomach. Inhaling alcohol accelerates the time it takes alcohol to enter into the bloodstream. The video below demonstrates how smoking alcohol works and some of the dangers.

Posted in Alcohol in Utah, Utah Crime Related Videos | No Comments »

Fake Cops Rob Salt Lake Jewelry Store

Jun
05
Utah Criminal Defense Blog, on the topic of  Utah Crime News
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The real police are searching for two men who posed as fake cops in an effort to rob a Salt Lake jewelry store. The men were successful in their deception and got away with an undisclosed amount of jewelry.

The fake cops went to a downtown jewelry store where they had to be buzzed in for entrance. They were reportedly wearing clothes that appeared to be the type plainclothes police officers wear; they also had weapons, but the guns never came out during the robbery.

The two men, one of whom sported dreadlocks, supposedly gained the trust of the store’s employees by asking about stolen jewelry. Other potential customers went into the store while the fake cops were present, but were turned away seemingly without becoming suspicious.

Dreadlocks on a police officer?

The fake cops were convincing enough to fool the store’s employees, in spite of their lack of ID. Police noted that it’s always appropriate to ask for identification if you’re approached by anyone claiming to be a police officer. You can also contact the police station directly and confirm an officer’s identity.

It’s in your best interest to cooperate with police, especially if they’re the real McCoy. However, that doesn’t mean you’re obligated to discuss anything with them—particularly if you think they’re going to accuse you of a crime.

Consult an Attorney

Talk to a Utah criminal defense attorney if you are being investigated for or charged with a crime. You don’t have to wait until you’re sitting in jail before getting advice from an experienced Utah criminal defense attorney.

Posted in Utah Crime News | No Comments »

Utah Gun Lobbyist Loses Guns Following Arrest

Jun
04
Utah Criminal Defense Blog, on the topic of  Utah Crime News
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Clark Aposhian, a well-known Utah gun lobbyist, was ordered to—at least temporarily—give his guns to someone else in the wake of his arrest on numerous misdemeanor charges.

What Happened?

The story began when Aposhian’s ex-wife called police and reported that the gun lobbyist was threatening and harassing her and her husband.

Aposhian’s version of the story is that he went to his old neighborhood, the one in which his ex-wife and her husband live, to visit friends. He has stated that he didn’t cause any trouble or harass or threaten anyone. Aposhian’s attorney noted that his client has witnesses who can corrobate that story.

There is some question about Aposhian’s truck being in his ex-wife’s driveway, and their daughter’s concern that he would hit other vehicles with his large truck.

The Charges

Aposhian was arrested and charged with the following class B misdemeanors:

• Domestic violence in the presence of a child
• Criminal trespass
• Criminal mischief
• Threats of violence

If a person is found guilty of one class B misdemeanor, he faces a possible jail sentence of up to six months. Depending on the charge and a guilty verdict, an individual could serve multiple sentences concurrently (at the same time) or consecutively (one after the other).

You’re Taking His Guns?

As mentioned earlier, the gun lobbyist must relinquish control of all his guns, at least until the case reaches a conclusion. The local police chief noted that Aposhian may never get his guns back—that will be up to a judge.

It will be interesting to find out whose story the judge believes, particularly if there happen to be witnesses of the ex-wife’s version of events.

No criminal charges should ever be ignored because there are no minor charges. In this situation, a man may be deprived of his right to bear arms if found guilty of one or more class B misdemeanors.

As always, if you’re charged with any crime, talk to a Utah criminal defense attorney immediately. It may be the best call you’ll ever make.

Posted in Utah Crime News | No Comments »

Habitual Violent Offender in Utah

Jun
03
Utah Criminal Defense Blog, on the topic of  Legal Process
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There are many laws covering a variety of crimes that could be committed in Utah, but there’s one law that can punish a person who is considered a habitual violent offender.

Photo: sboneham

Photo: sboneham

You would be considered a habitual violent offender if you are convicted of any violent felony in Utah and have been previously convicted twice of a violent felony and sentenced to prison in Utah or another state.

Some of the felonies the state considers violent include:

• Aggravated arson
• Stalking
• Domestic violence around a child
• Sodomy
• Aggravated robbery

There are many more felonies that fall under the “violent” category.

If a person is determined—beyond a reasonable doubt—to be a habitual violent offender, the following penalties will occur:

• A third degree felony conviction becomes a first degree felony
• A second degree felony conviction changes to a first degree felony
• If the conviction is for a first degree felony, then the person isn’t eligible for probation and the Board of Pardons and Parole shall consider his classification as a habitual violent offender when determining the amount of time he’s imprisoned

There is a note in the Utah Code under this law that the sentencing enhancement does not apply to the following crimes because it would lower the maximum penalty allowed by law:

• A grievious sexual offense
• Child kidnapping
• Aggravated kidnapping
• Forcible sexual abuse

In other words, when you’ve committed two violent felonies and you are found guilty of committing a third violent felony, you can receive additional punishment for the first two convictions—even though you’ve already served your time. That’s the law as it currently stands.

If you ever find yourself in a legal bind, don’t hesitate to talk to an experienced Utah criminal defense attorney. You will need to have a legal expert on your side and he might as well be the best. Make the right call today.

Posted in Legal Process | No Comments »

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