Cruising in Salt Lake City

May
22
Utah Criminal Defense Blog, on the topic of  Criminal Defense Misc
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At some point, the Salt Lake City council decided to outlaw cruising within the City’s limits. They list several reasons for making cruising illegal, including problems such as letting emergency vehicles through, increased accidents and road rage.

Photo: Alex

Photo: Alex

Statistics Show that Illegal Activities Increase in Cruising Areas

A few years ago there were two gang-related homicides in the downtown Salt Lake City area that were attributed to cruising-type behavior. Other statistics show that police calls peak between 11 p.m. and 4 a.m. each night, especially on Fridays and Saturdays.

What is Cruising?

The city council defines cruising as

• Driving a motor vehicle more than two times between 11 p.m. and 4 a.m. in a particular direction past a traffic control point.

You might wonder what constitutes a “traffic control point?” Those are areas set up by the police for monitoring law violations. Maybe you’ve noticed signs warning against cruising? City law requires that a sufficient amount of signs noting the prohibition against cruising must be posted.

You Deserve a Top Attorney

It’s best to avoid cruising in designated areas, but even if you’re cited or arrested for this activity don’t hesitate to talk to a Utah criminal defense attorney.

One important rule to follow if you’re facing any criminal charge is to immediately find an experienced defense attorney. Also, don’t try to explain yourself to or discuss your case with any law enforcement individual. You don’t owe them any explanation, and the odds are good your words will be used against you.

It doesn’t matter what crime you’re charged with; call a Utah criminal defense attorney today.

Posted in Criminal Defense Misc | No Comments »

Leaving an Accident Scene in Utah

May
21
Utah Criminal Defense Blog, on the topic of  Question
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If you are behind the wheel and an accident occurs, there are some steps you need to take in order to avoid certain criminal charges for leaving an accident scene.

Photo: Salim Virji

Photo: Salim Virji

Accident Scene Involving Injury

When you’re driving and are involved in an accident when you think an injury may have occurred, you are required to do the following:

• Immediately stop at the scene or as close to the scene as possible (try to avoid causing traffic obstructions)
• Remain at the scene until you’ve given information such as your name, address, vehicle registration number, insurance info to anyone else in the accident (including the police). You also need to render appropriate assistance to anyone injured in the accident.

If you’re in an accident and you leave and then realize there was an injury, you need to comply with the above instructions as soon as possible.

If you fail to follow the law and an injury occurred, you may be guilty of a class A misdemeanor and you may also have to pay a fine (which will be at least $750). Not adhering to the law in a situation when serious bodily injury occurs will likely earn you a third degree felony charge and at least a $750 fine.

Accident Scene Involving a Death

The same requirements apply to a driver who is involved in an accident when he thinks someone has died. If you find yourself in these circumstances and you don’t stop, don’t give your information and don’t provide assistance, you’ll probably be charged with a third degree felony and be fined at least $750.

In order to keep yourself out of jail or prison, it’s in your best interest to stop your car any time you’re in an accident. A third degree felony can carry a penalty of up to five years in prison—no one wants to end up incarcerated because they didn’t stop and help at an accident they were part of.

Let a Utah criminal defense attorney help you if you’ve been charged with any crime. It doesn’t matter what you did—or didn’t do. The important thing is to hire a top-notch Utah criminal defense attorney as quickly as you can.

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Automobile Homicide Charge For Man Who Killed a Jogger in Millcreek, Utah

May
20
Utah Criminal Defense Blog, on the topic of  Alcohol in Utah, Drugs in Utah
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A 20-year-old Holladay man has been charged with automobile homicide in connection with his alleged role in the death of a jogger last March.

The accused supposedly drifted across lanes and struck the victim, who was on the shoulder of the road. The man is facing several criminal charges including: automobile homicide, possession of a firearm by a restricted person and driving with a controlled substance in the body and causing death.

What Constitutes Automobile Homicide?

Criminal homicide is automobile homicide if a person causes someone else’s death while driving a vehicle in a criminally negligent manner while being under the influence of a drug or alcohol. You will be considered DUI in Utah if your blood or breath alcohol concentration is .08 grams or higher.

Being criminally negligent means that you act in such a way that you ought to be aware of a substantial and unjustifiable risk that certain circumstances exist or a certain result will occur. Also, the risk must be of a nature and degree that the average person would normally exercise reasonable judgment in the same circumstance.

Penalties

Automobile homicide under the above circumstances is a second degree felony. If you’re found guilty of automobile homicide, the penalty could be from 1-15 years in prison. If a person is found guilty of multiple felonies or misdemeanors, he could potentially serve many years in prison.

Talk to a Utah Criminal Defense Attorney

If you’re on the wrong side of the law, don’t wait to discuss your case with a Utah criminal defense attorney. It’s never too late to get the legal help you need and deserve.

The Utah Automobile Homicide Statute (U.C.A. 76-5-207) is found below:

(1) As used in this section:

(a) “Drug” or “drugs” means:

(i) a controlled substance as defined in Section 58-37-2;

(ii) a drug as defined in Section 58-17b-102; or

(iii) any substance that, when knowingly, intentionally, or recklessly taken into the human body, can impair the ability of a person to safely operate a motor vehicle.

(b) “Motor vehicle” means any self-propelled vehicle and includes any automobile, truck, van, motorcycle, train, engine, watercraft, or aircraft.

(2) (a) Criminal homicide is automobile homicide, a third degree felony, if the person operates a motor vehicle in a negligent manner causing the death of another and:

(i) has sufficient alcohol in his body that a subsequent chemical test shows that the person has a blood or breath alcohol concentration of .08 grams or greater at the time of the test;

(ii) is under the influence of alcohol, any drug, or the combined influence of alcohol and any drug to a degree that renders the person incapable of safely operating a vehicle; or

(iii) has a blood or breath alcohol concentration of .08 grams or greater at the time of operation.

(b) A conviction for a violation of this Subsection (2) is a second degree felony if it is subsequent to a conviction as defined in Subsection 41-6a-501(2).

(c) As used in this Subsection (2), “negligent” means simple negligence, the failure to exercise that degree of care that reasonable and prudent persons exercise under like or similar circumstances.

(3) (a) Criminal homicide is automobile homicide, a second degree felony, if the person operates a motor vehicle in a criminally negligent manner causing the death of another and:

(i) has sufficient alcohol in his body that a subsequent chemical test shows that the person has a blood or breath alcohol concentration of .08 grams or greater at the time of the test;

(ii) is under the influence of alcohol, any drug, or the combined influence of alcohol and any drug to a degree that renders the person incapable of safely operating a vehicle; or

(iii) has a blood or breath alcohol concentration of .08 grams or greater at the time of operation.

(b) As used in this Subsection (3), “criminally negligent” means criminal negligence as defined by Subsection 76-2-103(4).

(4) The standards for chemical breath analysis as provided by Section 41-6a-515 and the provisions for the admissibility of chemical test results as provided by Section 41-6a-516 apply to determination and proof of blood alcohol content under this section.

(5) Calculations of blood or breath alcohol concentration under this section shall be made in accordance with Subsection 41-6a-502(1).

(6) The fact that a person charged with violating this section is or has been legally entitled to use alcohol or a drug is not a defense.

(7) Evidence of a defendant’s blood or breath alcohol content or drug content is admissible except when prohibited by Rules of Evidence or the constitution.

(8) A person is guilty of a separate offense for each victim suffering bodily injury or serious bodily injury as a result of the person’s violation of Section 41-6a-502 or death as a result of the person’s violation of this section whether or not the injuries arise from the same episode of driving.

Posted in Alcohol in Utah, Drugs in Utah | No Comments »

Utah Man Being Investigated for Texting While Driving Auto Accident

May
15
Utah Criminal Defense Blog, on the topic of  Utah Law
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Police are investigating whether a Utah man was texting while driving when his car ran into three girls walking across a Midvale crosswalk.

Photo: Chris Dlugosz

Photo: Chris Dlugosz

Cell Phone Use While Driving Can be Dangerous

A new Utah law concerning teen cell phone use while driving went into effect this past Tuesday, but that particular law wouldn’t play a role in this case, since the driver is 28 years old. However, there is a Utah law that makes texting while driving illegal in this state.

A person may not use a cell phone while driving in Utah to:

• Text
• Manually access email
• Enter data by hand
• Send data, read a text or view images
• Use apps

It’s important to note that even reading a text is illegal—not just sending a text. There are some things that adults are still allowed to do with their cell phone while driving:

• Make or receive a call
• Use GPS or navigation services
• During a medical emergency
• Reporting or requesting assistance for a safety hazard
• Reporting or requesting assistance concerning a criminal activity
• When giving roadside or medical assistance
• If you are law enforcement or emergency service personnel acting in your duties
• Using hands-free or voice operated technology
• Operate a system that’s part of the vehicle

We don’t know if the man in question was driving while texting; law enforcement usually can check phone records against accident timing. He did say that he didn’t see the girls and is cooperating with police.

Potential Charges for Illegal Cell Phone Use

If you use a cell phone illegally, you may be charged with the following:

• Class C misdemeanor
• Class B misdemeanor if you cause serious bodily injury as a result of your texting, etc. or have a prior conviction under this law that occurred within the past three years

Hopefully the driver in this situation has contacted a Utah criminal defense attorney. Even if you believe you haven’t committed a crime, it’s important to have top legal counsel on your side—especially if you know you’re being investigated by the police.

Posted in Utah Law | No Comments »

Bold Utah Thief Steals American Cancer Society’s Relay for Life Charity Donations

May
14
Utah Criminal Defense Blog, on the topic of  Utah Legal Definition
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Vernal police are looking for a daring Utah thief who grabbed an American Cancer Society’s Relay for Life bucket in a Walgreens and took off with it—and the donations inside.

Photo: Richard Cocks

Photo: Richard Cocks

Don’t Keep Cash on the Counter

The alleged thief was captured on the store’s video surveillance; he supposedly wandered in and out of the store, loitering around the cash registers until no clerks were around. He then snatched the donation bucket and left the store.

What’s the Difference Between Theft, Robbery and Burglary?

Theft, robbery and burglary are different crimes, but potentially related to one another. There are various types of theft, but a basic definition of theft is:

• Obtaining or exercising control over someone else’s property by deception and with the intent to deprive the person of his property

Robbery, on the other hand, is:

• Using force or fear to take someone’s personal property, either right off their person or in their immediate presence. Robbery is a second degree felony.

You might be guilty of burglary if you:

• Enter a building or dwelling (residence) illegally and remain, with the intention to commit a certain crime. Burglary is a third degree felony if it occurs in a building; it’s a second degree felony if it takes place in a residence.

A person who enters a home and steals the homeowner’s jewelry, for example, will probably be charged with theft and burglary—two separate crimes.

Get the Legal Help You Need

Whether you’re accused of being a Utah thief or some other type of criminal, don’t wait to hire a top Utah criminal defense attorney. It’s in your best interest to have an experienced lawyer on your side, both in and out of the courtroom.

Posted in Utah Legal Definition | No Comments »

Utah Sex Offender is a Suspect in Bank Hold-Up

May
13
Utah Criminal Defense Blog, on the topic of  Utah Crime News
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A 71-year-old registered Utah sex offender is a suspect in an April hold-up at an Ogden credit union.

A Disguise Can Make the Man

The man allegedly wore quite a get-up in an effort to disguise his true identity. Nevertheless, a variety of law enforcement agencies working collectively were able to piece together enough clues to lead them to the Utah sex offender.

When police searched the suspect’s home, they found some items believed to be from the credit union robbery, in addition to other firearms. The man in question is being investigated for aggravated robbery and multiple charges of firearm possession by a restricted person.

Who is Restricted from Possessing Firearms?

People convicted of a violent felony or who are on probation or parole for any felony conviction are legally restricted from possessing, purchasing or otherwise having any type of firearm. Anyone who is found guilty of breaking this law will likely be charged with a second degree felony.

You might be guilty of committing aggravated robbery if during a robbery you:

• Use or threaten to use a dangerous weapon
• Cause serious bodily injury upon someone or
• Take or attempt to take a working vehicle

Aggravated robbery is a first degree felony, whether committed by a Utah sex offender or anyone else. Someone found guilty of a first degree felony could face a penalty of 5 years to life in prison, although there are often enhanced penalties when a crime is “aggravated.”

Let an Attorney Help You

Don’t hesitate to talk to a Utah criminal defense attorney if you’ve been charged with any crime. Having an experienced attorney on your side may make all the difference in your case.

Make the right choice for you—contact a Utah criminal defense attorney today.

Posted in Utah Crime News | No Comments »

Illegal Body Piercing and Tattooing of a Utah Minor

May
08
Utah Criminal Defense Blog, on the topic of  Question
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You are probably well aware that there are many illegal activities involving Utah minors that adults are not allowed to do; we’re covering a couple of those crimes today.

Photo: Christopher Schmidt

Photo: Christopher Schmidt

Illegal Body Piercing and Tattooing of a Minor

It is a crime to perform or offer to perform a body piercing or tattooing on a minor:

• Unless you have the consent of the minor’s parents or legal guardian and
• For payment or in the course of a business or profession

People are considered Utah minors if they are under the age of 18, not married and not legally emancipated. It’s a defense to either crime that you have no actual knowledge of the minor’s age and that you reviewed, recorded and maintained a PIN for the minor prior to the procedure. In other words, the minor would have to have given you a fake ID.

Committing either of these crimes is considered a class B misdemeanor and you may have to pay a $1000 fine per incident.

Contributing to the Delinquency of Utah Minors

Adults (someone 18 or older) are not legally allowed to commit an act or do other things that would cause or encourage a minor to commit a misdemeanor or infraction, particularly if the adult would or should know that his actions would lead to delinquent acts by the minor.

It’s a class B misdemeanor to contribute to the delinquency of Utah minors, and you may be charged with committing whatever crime you finished or attempted in addition to this charge.

Talk to an Attorney

Utah law is too complicated to try and sort out on your own. If you’re in a legal bind, contact a Utah criminal defense attorney today.

Posted in Question | No Comments »

Utah Public Servant Misconduct and Illegal Legislative Bill Alterations

May
07
Utah Criminal Defense Blog, on the topic of  Utah Legal Definition
0comment

Many people serve as public servants throughout Utah, and you can count on the average public servant to do his job well and without misconduct. There are laws, however, to help deter a public servant from doing the wrong thing and ending up with fines or jail time.

Photo: Francisco Osorio

Photo: Francisco Osorio

Official Misconduct—Using Inside Information for Unlawful Acts

A public servant is guilty of committing a class A misdemeanor if he has inside knowledge about an official action or information which he has acquired as part of his office (or from another public servant) and the information hasn’t been made public and he:

• Either acquires or gets rid of any property, transaction or enterprise he has a financial interest in which might be affected by the official action or information
• Speculates or wagers on the basis of the action or information or
• Purposefully helps someone else do any of the above

Alteration of Proposed Legislative Bill or Resolution

This law involves bills presented to and by state senators and legislators. If a draft bill has been presented to the state’s House or the Senate for passing or adoption and the draft bill is fraudulently altered using different language than was intended, the person responsible would be guilty of a third degree felony.

Altering Enrolled Legislative Bill or Resolution

The same charge applies to anyone who alters an enrolled bill or resolution. It’s a third degree felony to make any language changes to an enrolled bill or resolution which has been passed or adopted by the Legislature.

It’s important to remember that even though a person is charged with a crime, it doesn’t automatically mean he’s guilty. Charging someone with a crime more or less gets the legal ball rolling and enables a defendant to hire legal counsel.

Talk to a Utah criminal defense attorney right away if you’re facing criminal charges. It’s never too late to get the legal help you need.

Posted in Utah Legal Definition | No Comments »

Invasion of Privacy in Utah. Illegal Hidden Video or Audio Recordings.

May
06
Utah Criminal Defense Blog, on the topic of  Utah Legal Definition
0comment

When you use your cell phone in public, don’t be surprised if others overhear your conversation—that’s not considered illegal invasion of privacy. However, it is possible to be charged with a crime if you do any of the following:

Photo: Peter Hardy

Photo: Peter Hardy

• Trespass on property with the intent to eavesdrop on someone or use other forms of surveillance in an otherwise private place

• Install (in a private place without the consent of the person or people in that place who are entitled to privacy) any device used to observe, photograph, record, amplify or broadcast sounds or events. Putting a tap on someone’s phone or a hidden camera inside a bathroom both qualify as invasion of privacy.

• Install or use (outside of a private place without the person or people’s consent) any device designed to hear, record, amplify or broadcast sounds coming from a place that wouldn’t usually be heard from outside the location. For example, if you hold up a microphone outside your neighbor’s bedroom window to catch any action that might be occurring inside, you’ll be guilty of invasion of privacy.

Penalty for Invasion of Privacy in Utah

Committing invasion of privacy is a class B misdemeanor. If you’re found guilty of committing a class B misdemeanor crime, you could potentially be sent to jail for up to six months.

Talk to a Utah Criminal Defense Attorney

Remember that if you’re charged with a crime, it’s never too late to discuss your case with an experienced Utah criminal defense attorney. You need to have top legal representation to improve your chances of winning any courtroom battle.

Protect your freedom and reputation by talking to a Utah criminal defense attorney today.

Posted in Utah Legal Definition | No Comments »

Armed Man Shot Inside Utah Police Station

May
02
Utah Criminal Defense Blog, on the topic of  Utah Crime News
0comment

A man was recently shot in the arm after pulling his gun inside the West Valley City, Utah police station.

What Happened?

The man walked into the police station and allegedly requested that the officer behind the front desk come out and talk to him. The police officer, who was behind secure, bullet-proof glass, refused the request. Ultimately, the man showed his gun and reinforcements were called.

At some point the man was shot twice in the arm by a police officer. Reports do not state whether the armed man fired his gun prior to being shot. The man has been booked into jail while being investigated for attempted murder, aggravated assault, possession of a weapon by a restricted person and other charges.

What is Assault?

As a registered sex offender, this man is not legally eligible to have a gun—hence the weapon charge. A person may be charged with assault if he:

• Attempts to do bodily injury to another
• Threatens, by some show of immediate force or violence, to injure someone
• Actually physically harms another person

The charge can be increased to aggravated assault if the individual uses a dangerous weapon (such as a gun) while committing the assault. Aggravated assault is a third degree felony unless serious physical injury occurs, in which case it is a second degree felony.

It doesn’t matter whether a person commits assault on a member of a Utah police force or just an average citizen, he will likely be charged with a crime either way. However, showing up with a gun inside a Utah police station isn’t the smartest move a person could make.

Don’t Talk to Police

We don’t know what led to this man’s alleged behavior; presumably there will be some investigation into why he acted the way he did. In the meantime, he has made a good choice, which is not to speak to authorities without talking to an attorney.

If you find yourself on the opposite side of the law, you shouldn’t talk to police either. Make sure you discuss your case with an experienced Utah criminal defense attorney before talking to anyone else.

Posted in Utah Crime News | No Comments »

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