Archive for the ‘Criminal Defense Misc’ Category

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Is Utah’s Bigamy Law Unconstitutional?

Feb
20
Utah Criminal Defense Blog, on the topic of  Constitutional Rights, Criminal Defense Misc
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Let’s start off by stating that we’re not going to prove whether or not Utah’s bigamy law is unconstitutional in this blog. Utah’s bigamy law has been in question for many, many years, and the answer is clear-cut for some while a little mixed for others.

What is Utah’s Bigamy Law?

The Utah Code states that a person is guilty of bigamy when, knowing he has a husband or wife or knowing the other person has a husband or wife, the person purports to marry another person or cohabits with another person. Bigamy is a third-degree felony.

The Brown Family

There is currently a constitutional case involving the Brown family from Utah County and Utah’s bigamy law. The family’s claim to fame involves being on the television show “Sister Wives.” Before the show aired in 2010, Mark Shurtleff, the current Utah Attorney General, assured the family that they would not be opening themselves up to potential prosecution by the State of Utah. Shurtleff’s position is that he will not prosecute consenting adult polygamists as long as they aren’t involved in other criminal activities.

A federal judge recently removed Utah’s governor and attorney general from the case, but is allowing the lawsuit against Utah County prosecutors to move forward.

The Brown family’s case is considered by some to be very different from another well-known case involving Warren Jeffs. In the Jeffs’ case, he was alleged to have married under-age girls in polygamist situations.

Your Opinion Matters

We like to promote opinions on this blog, particularly as everyone is entitled to his or her own feelings about any given situation. We also like to remind people that regardless of their alleged crimes, every person is allowed to have legal representation in—and out—of the courtroom. The Browns’ are also exercising their rights to request that a law be reviewed. Some laws should be reexamined. Other laws need to be changed.

Call a Utah Criminal Defense Attorney

If you have a case that requires defending, don’t hesitate to call a Utah criminal defense attorney immediately. When you are facing criminal charges, go with an attorney who specializes in criminal defense cases. Take your freedom seriously and contact a Utah criminal defense attorney today.

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Utah Attorney General Makes Comments About Legalizing Medical Marijuana

Feb
17
Clayton Simms, Criminal Defense Attorney, on the topic of  Criminal Defense Misc
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Utah Attorney General Mark Shurtleff makes comments about legalizing Medical Marijuana. The Utah Attorney General’s recent battle with cancer may have changed his mind on the usefulness of Medical Marijuana.

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Former Cottonwood Heights Police Officer: How to Tell a Police Officer You Are Armed

Feb
10
Clayton Simms, Criminal Defense Attorney, on the topic of  Criminal Defense Misc
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Former Cottonwood Heights Police Officer Beau Babka, explains how to inform a police officer that you are a concealed permit holder who is carrying a firearm. This video and the advice found there will help you from being accidentally shot by an officer. The best way to tell the police that you are armed is to:

1. Place your hands where the officer can see them;

2. Inform the police officer that you are a lawful and legal concealed carry permit holder;

3. Tell the officer the location of the gun.

Remember to not make sudden movements or try to hand the gun to the police officer yourself. You may feel that you are not at risk of being accidentally shot because you are being pulled over for a minor violation like speeding. Don’t get too relaxed. Unfortunately, often routine encounters can end in tragedy for the suspect or the police if someone panics and overreacts.

Again, use common sense when dealing with the police. Enjoy the following Utah police video:

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Prison Sentence for Defendant in Utah Murder Case

Jan
25
Utah Criminal Defense Blog, on the topic of  Criminal Defense Misc
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A Utah man was sentenced to prison after he was found guilty of murder following an almost four-week jury trial.

Photo: Michael Coghlan

Murder Equals 15 Years to Life in Prison

Ramon Somoza of American Fork was sentenced to 15 years to life in prison for the first-degree felony murder of Jesus Landin, whose body was discovered wrapped in plastic garbage bags and duct tape on January 7, 2010. Landin apparently came to Somoza and demanded $400 that he believed Somoza owed him. Landin was shot several times. Somoza’s defense was that he was afraid of Landin and only shot him after Landin came at him with a screwdriver.

Other Convictions

Somoza was also found guilty of obstructing justice and desecration of a dead human body, second- and third-degree felonies respectively. These two sentences will be served concurrent to each other and consecutively to the murder sentence. Somoza must also pay fines and restitution totaling more than $50,000.

Murder Comes With Hefty Sentence

Under Utah law, a person convicted of murder shall be sentenced to no less than 15 years in prison and up to life in prison. It is up to the Utah Board of Pardons and Parole to determine if or when a person may be eligible for parole, unless as part of the person’s sentence he is ineligible for parole.

An Attorney May Make the Difference in Your Case

When a person is facing any criminal charge, it is vital that he or she seek the advice of an experienced Utah criminal defense attorney as soon as possible. Don’t rely on law enforcement to sort the situation out in your favor. You need and deserve to be represented by an attorney who has your best interests at heart. Take the time and contact a Utah criminal defense attorney right away. It may be the most important phone call you’ll ever make.

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Couple Sought in Utah Murders

Jan
02
Utah Criminal Defense Blog, on the topic of  Constitutional Rights, Criminal Defense Misc
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A man and woman are on the loose after possibly murdering two Mt. Pleasant residents and allegedly shooting a West Wendover, Nevada woman in the back of the head.

Utah Murders

Mt. Pleasant Police discovered the Fullwood couple dead in their Utah home this past Saturday evening. They died of gunshot wounds, likely Thursday night or early Friday morning. Police believe that the Utah murders occurred as a result of a random robbery, in spite of the fact that the Fullwoods’ son is a police officer with the West Jordan Police Department.

Carjacking and Attempted Murder in Wendover

Investigators also believe that the couple is responsible for a carjacking that occurred early Saturday morning in Wendover. That carjacking ended with the victim escaping alone in her car, only to be shot in the back of the head by one of carjackers. The victim is in the hospital at this time. The couple was able to escape from the Nevada Highway Patrol and is still at large.

Always Keep Your Doors Locked

A Mt. Pleasant resident commented that people in their town are very friendly and not suspicious, and that residents frequently leave their doors open. Let us take the opportunity to remind you that it is important to always be aware of your surroundings and take the time to lock doors and windows behind you, even if you’re at home.

Contact A Utah Criminal Defense Attorney for Help

Utah murders are, of course, extremely serious crimes. Death penalty cases are rare, but still occur. If you are being investigated for a crime, don’t take any chances; contact a Utah criminal defense attorney right away. You need the advice a respected attorney has to offer.

You are not required to discuss your case with the police first. You have the right to talk to an attorney, and you should take full advantage of that opportunity. You may have made past mistakes, but you still deserve the help an experienced criminal defense attorney can provide you. Make that important phone call today.

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Authority of Utah Board of Pardons and Parole

Nov
29
Utah Criminal Defense Blog, on the topic of  Criminal Defense Misc
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The Utah Board of Pardons and Parole has the responsibility of determining when and under what conditions a person can:

Photo: Pearl Vas

• Be released upon parole
• Be pardoned
• Be ordered to pay restitution
• Have his fines, forfeitures or restitution remitted
• Have his sentences commuted or terminated

None of the above actions can take place until after a full hearing before the Board or the Board’s appointed examiner in open session.

Notice of a Utah Board of Pardons and Parole Hearing

When the Utah Board of Pardons and Parole sets up an original parole grant hearing, rehearing or parole revocation hearing, the following people shall receive notice of the time and location of the hearing:

• Defendant
• Prosecuting office (county or district attorney)
• Sentencing court
• Law enforcement officials responsible for the defendant’s arrest and conviction
• Victim or victim’s family (whenever possible)

Any decision the Board makes is final and is not subject to review by a judge. Any civil judgment, however, is not affected by the Board’s decisions.

When the Board deliberates on whether to terminate someone’s parole, they shall take into consideration the offense committed by the person on parole, the parole period and other pertinent information.

The Board’s Role in Commuting a Death Sentence

When a person has been sentenced to death in Utah, the Board may consider commuting the death sentence only to life in prison without parole. The only people who can petition the Board for commutation of a death sentence is the person himself or his legal counsel.

If the petition raises a substantial issue which was not reviewed during the judicial process, they may conduct a hearing. The state may present evidence and argument as allowed by the Utah Board of Pardons and Parole at such a hearing.

The Board is not allowed to consider legal issues which:

• Include Constitutional issues
• Have been previously reviewed by the courts
• Should have been raised during the judicial process
• If based on new information, are subject to judicial review

Hiring an Attorney

When a person is seeking parole, pardoning, commutation of a sentence or any of the other issues that the Board of Pardons and Parole considers, he needs to have the expertise of a Utah criminal defense attorney handling his case. There are many variables at play in the legal world, and it takes a person who has had training and experience to navigate them successfully.

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Utah Credit Card Fraud

Nov
25
Utah Criminal Defense Blog, on the topic of  Criminal Defense Misc
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Considered by many to be the most wonderful time of the year, the holiday season can be a tempting time to indulge in credit card fraud by folks who don’t have the funds to buy Christmas gifts on their own dime. Avoid making this mistake, and you’ll also avoid potential jail time and other legal problems.

Photo: MoneyBlogNewz

• It is illegal to knowingly use any type of credit or debit card to obtain credit, goods or services.

• It is illegal to falsify any information on an application for credit. That means you can’t ‘fudge’ on your income, even just a little, without committing a crime.

• If you illegally acquire (i.e. steal) a credit or debit card from someone you are guilty of a third-degree felony. You also can’t sell or transfer the information found on a credit card without being guilty of a third-degree felony.

• A person using a scanning device or reencoder to transfer info from the magnetic strip on one credit card to the strip on another card is guilty of a third-degree felony. If a person is convicted under this law once and commits the crime again, he will be guilty of a second-degree felony.

Unless you want to spend your holiday season in jail and explaining to friends and family why they don’t get to keep their presents, don’t mess with credit cards that don’t belong to you.  Credit card fraud isn’t worth it in the long run.

However, we understand that people sometimes make unfortunate choices. There is help available for people who’ve run afoul of the law. Take the time to contact a Utah criminal defense attorney if you’re facing any criminal charges. You deserve to have legal assistance, regardless of the choices you’ve made in the past.

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Can’t Mention Gang Affiliation Unless Relevant

Nov
21
Utah Attorney, Brooke Winters, on the topic of  Constitutional Rights, Criminal Defense Misc, Legal Process
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Trials are the stage where prosecutors and defense attorney’s ‘put on’ their play.  Although this may seem a negative reference to the Utah justice system, the reality is that each side will strategically present their case in a light most favorable to their client.  However, there are rules and the rules must be followed.

With the heavy presence of gang activity and affiliation, it is very tempting for a prosecutor to inject evidence of gang affiliation into trials even if that evidence has no relevance on the offense being tried.  Evidence of this nature is a no-no.  In Dawson v. Delaware, 503 U.S. 159 (1992), the United States Supreme Court ruled in a capitol murder case that the prosecutor had violated the defendant’s First Amendment right to association by referencing the defendant’s association with the Aryan Brotherhood during sentencing.  The Court went on to say that evidence of gang affiliation is only admissible if it has some ‘relevance’ to the case at hand.  Id. at 166.  Simply referencing gang affiliation to inflame the jury is not allowed.  Although Dawson involved capitol homicide, the reasoning applies to any case where gang affiliation has no bearing on the issues being tried.

Posted in Constitutional Rights, Criminal Defense Misc, Legal Process | No Comments »

Utah Public Intoxication Laws – What You Need to Know

Nov
19
Utah Attorney, Brooke Winters, on the topic of  Alcohol in Utah, Crimes, Criminal Defense Misc, Question, Utah Law
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You are leaving a bar, a restaurant, a friend’s house, a sporting event and you have had a little too much to drink…can you be charged with public intoxication? Yes, but only if you pose a danger to yourself or others. To simplify, you can not be charged with public intoxication simply because you are drunk in public. There must be evidence that you are posing a danger to yourself or others. Such dangers can be getting in a vehicle to drive or walking in the street.

If convicted of public intoxication you could face up to 30 days in jail and a $750 fine.

Posted in Alcohol in Utah, Crimes, Criminal Defense Misc, Question, Utah Law | No Comments »

Can Jurors Can Opt for Nullification (find a guilty defendant not guilty) if They Disagree With the Law?

Nov
18
Utah Attorney, Brooke Winters, on the topic of  Criminal Defense Misc, Legal Process, Utah Court
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Even if you believe the defendant is guilty of the crime committed as a juror do you have the option of returning a “not guilty” verdict if you believe the law making the offense a crime is unjust? no, but it happens all the time.

Jury nullification has a history dating back to the founding fathers and the Constitution of the United States of America.  In an effort to ensure the fairness of laws, the Constitution allows veto power of five separate powers.  In other words, the House of Representatives, the Senate, the executive level of government, judges and juries all have the authority to veto or nullify a law they believe to be unfair.

It was the founding fathers who decided that a law must pass certain tests before it can be effectively enforced.  One such test is through the jury.  It was intended the jury would not only judge the accused but also the fairness of the law the defendant was accused of violating.  The jury was given the right and authority as the finder of fact in a trial but they also have the authority to judge the law itself and nullify the law if it was deemed unfair.

The first case in America cited with jury nullification is the case of John Peter Zenger.  Mr. Zenger was charged with libel for printing derogatory stories in his paper about Governor William Cosby of New York.  It was clear, Mr. Zenger was guilty of violating the seditious libel law but his lawyer argued the law was outmoded.  In a matter of minutes, the jury nullified the law and set Mr. Zenger free.

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