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!

Prisoners’ Rights in Utah

When someone breaks the law in Utah, they may lose certain freedoms however there are prisoners’ rights that are to be upheld during the legal proceedings as well as after those individuals have been incarcerated.

Human rights

Prisoners' Rights

Photo by: The Unnamed

Human rights, often referred to as inalienable rights are given to all men and women for simply being human. These rights are indivisible and universal. They do not differ depending on gender, race, ethnicity, nationality, or language. In the United States, these rights are protected by the Constitution and Bill of Rights. Internationally, these rights are protected under the Universal Declaration of Human Rights adopted by the United Nations which defines rights of freedom of religion, life, and opinion while protecting all from discrimination, slavery, torture. No one is to deprive another of any basic human rights unless done legally through a court of law.

Prisoners’ rights

Although human rights are permitted by all, when someone is placed in jail or prison, they end up losing the right to exercise some of their basic civil liberties for a time such as:

• The right to freedom;

• The right to vote;

• The right to bear arms;

• The right to serve on a jury; and sometimes

• The right to life (death penalty).

An incarcerated person may temporarily or permanently lose the right to enjoy some basic human rights however prior to their arrest as well as during court and even while incarcerated, they maintain certain rights and protections regardless of the crime for which they are accused. These protections of prisoners’ rights are explained in the Fourth, Fifth, Sixth, and Eight Amendments to the Constitution of the United States.

Fourth Amendment

Photo by: USAG-Humphreys

Photo by: USAG-Humphreys

The Fourth Amendment protects those suspected of a crime with:

• The right against unreasonable searched and seizures.

The Fourth Amendment to the United States Constitution reads: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

Fifth Amendment

The Fifth Amendment also protects those facing crimes with:

• The right to remain silent;

• The right against double jeopardy;

• The right to avoid self-incrimination;

The Fifth Amendment to the Constitution states: “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”

The Sixth Amendment

Photo by: J

Photo by: J

If someone is charged with a crime and is facing a court of law, the Sixth Amendment ensures they have:

• The right to a speedy trial;

• The right to a public trial;

• The right to an impartial jury;

• The right to cross examine a witness;

• The right to an attorney;

According to the Sixth Amendment, “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.”

Eighth Amendment

When someone is incarcerated, they continue to have rights. These include:

• The right to a reasonable bail; and

• The right against cruel and unusual punishment.

The Eighth Amendment wraps up the civil liberties allowed to all defendants as well as a prisoners’ rights while incarcerated. It states: “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”

Legal assistance to protect human rights

Photo by: Flazingo Photos

Photo by: Flazingo Photos

It is vital to those seeking legal counsel to understand their constitutional rights during an arrest as well as in court proceedings and prisoners’ rights if incarcerated. With the help of a qualified criminal defense attorney, these basic human rights will be upheld by law.

Felony Child Endangerment for Giving Teen Marijuana at Home

Two Utah parents have been arrested for felony child endangerment charges after they gave their teen marijuana to smoke at home.

Questionable reward system

Felony Child Endangerment

Photo by: Torben Hansen

After an lengthy investigation followed by a search of their home, 37 year old Edwin Steward and his wife 37 year old Valerie Steward of Spanish Fork, Utah were charged with felony child endangerment as well as contributing to the delinquency of a minor and drug possession. The Steward admitted to authorities that they gave their 14 year old teenage son marijuana as a reward if he did well in school. They couple also explained that they believed the marijuana helped their son with his studies and to help with medical issues.

Felony child endangerment

The parents of the 14 year old face misdemeanor charges as well as third-degree felony child endangerment. Utah Code 76-5-112.5 states “a person is guilty of a [third degree felony child endangerment] if the person knowingly or intentionally causes or permits a child or a vulnerable adult to be exposed to, inhale, ingest, or have contact with a controlled substance, chemical substance, or drug paraphernalia”.

State law applies at home too

Parents often feel that if their teens want to do drugs, they will do it regardless of whether or not they are permitted to do so. Instead of having their son or daughter use drugs at a friend’s house or someone where no adults are present to supervise the drug use, many parents will have their teens use the drugs in the comfort of their own home. Although their intentions of keeping their teen safe by keeping them close may be done out of love and concern for their child, it is illegal and not seen as a choice made by responsible parents. For legal counsel regarding felony child endangerment or other charges that may be encountered by Utah parents, contact an experienced criminal defense attorney.

Utah Mother Arrested Days After Seeking Help for Drug Addiction

A young Utah mother was arrested five days after reaching out to friends and family online along with a treatment center, seeking help for her drug addiction.

Arrested for drugs

Seeking Help for Drug Addiction

Photo Courtesy of Facebook

On April 9th, 2017 Provo police arrested 24 year old Arali Cabezas and an older male after they were found in a stolen car with several lifted identification documents as well as methamphetamine and several needles. Cabezas was booked into Utah County Jail on theft charges as well as two second degree felonies for receiving a stolen vehicle and possession of a schedule I controlled substance. Her bail is set at $12,500 and 11 days later she has yet to be released on bond.

Good person, bad choices

According to her Facebook page, Cabezas is a single parent and the mother of a little boy – 15 month old Kaison. Upon news of her arrest, friends and family commented shock and sadness, one of which said “part of recovery is having support, and she doesn’t have much of that. She really is an amazing girl inside and out and she is so dang smart, she just made some really dumb choices.” Another individual commented stating “when you are raised by two addicts and exposed to a life of drug use and abuse, and even taught how to use drugs by your parents, you don’t have much chance of doing any better in life.”

Seeking help for a drug addiction

Photo by: Max Baars

Photo by: Max Baars

According to her own Facebook page five days before her arrest, Cabezas was trying to do better. She swallowed her price and reached out for help with her drug addiction. She is quoted as saying “So I have a [question]. Do any of my friends have any information about The House of Hope? I will be looking it up and what not [too]. If you can let me know as soon as possible.” After receiving a handful of helpful comments, Cabezas stated that same day that she “called and left a message with admissions.” Five days later however she was arrested.

Drug treatment center

The House of Hope is drug treatment center located in Salt Lake City and Provo that focuses its care on women who may or may not be pregnant as well as mothers who have young children. As with other wonderful treatment centers for drug addiction, House of Hope is a non profit organization and offers many services such as outpatient care residential and day treatment. Had Cabezas found herself in the care of the House of Hope, it is likely she would have received substantial treatment for her drug addiction. There is no added information on whether or not Cabezas got cold feet and decided not to get help for her drug addiction or if she somehow slipped between the cracks, perhaps not receiving a call back from the  for help with her drug addiction. Either way, she was arrested five days later and now she sits in jail awaiting a court date. Cabezas faces a possibility of up to 15 years in prison for her drug and theft crimes; double that amount if she is convicted of both felonies and ordered to serve them consecutively, one right after the other.

Treatment for substance abuse

Photo by: Alan Cleaver

Photo by: Alan Cleaver

Utah residents who are struggling with drug addiction are encouraged to seek help just as Cabezas but be relentless and not give up. There are multiple programs throughout Utah aimed at helping residents recover from substance and alcohol abuse, and many of these programs are funded through the state. Those individuals who need help with addiction, but who are also facing criminal charges should contact a defense attorney who can help them work on defending or reducing charges while also ensuring that treatment is made available, whether voluntarily or mandatory. For more information, contact a criminal defense attorney.