Archive for the ‘Dealing with Police’ Category

Provo Police Arrest Man for Impersonating a Police Officer

Utah Criminal Defense Blog, on the topic of  Dealing with Police, Utah Crime News
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A man was recently arrested for impersonating a police officer, kidnapping and forcible sexual assault after he told a woman he was law enforcement and allegedly insisted she submit to a strip search. The woman was also apparently forced by the man to participate in buying drugs at a Lehi convenience store.

Photo: The.Comedian

Kidnapping is frequently defined as detaining or restraining a person for a substantial amount of time and is a second-degree felony. A guilty verdict on a second-degree felony can send a person to prison for anywhere from one year to fifteen years. Forcible sexual assault is generally a first-degree felony, but there can be mitigating circumstances which change the charge or sentence. First-degree felonies mean at least five years in prison and can be for as long as life in prison.

Law enforcement has said that if you have any concerns about whether or not a person presenting themselves to you as law enforcement is telling the truth, you can always request a back-up police officer. That is helpful information for anyone who finds themselves in a situation where the police officer may be acting in an unusual manner.

The best bet when approached by a law enforcement officer is to let him or her do the talking and wait for your opportunity to talk to an attorney. Don’t say anything to police without the advice of a qualified Utah defense attorney. He can listen to your side of the story and deal with law enforcement on your behalf.

An Innocent Man Goes To Prison Because Of A DNA Lab Mistake

Clayton Simms, Criminal Defense Attorney, on the topic of  Dealing with Police
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A DNA lab mistake sent an innocent man to prison. Las Vegas Sheriff Doug Gillespie states “[t]his mistake should never have happened is unacceptable.” The following you tube video is a statement by the Las Vegas Sheriff’s office acknowledging this error. Still think innocent people can’t get convicted of a crimes they didn’t commit?

Complying With Law Enforcement in Utah

Utah Criminal Defense Blog, on the topic of  Constitutional Rights, Dealing with Police
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When a Utah law enforcement officer is attempting to do his job in a legal manner, it is important that you do not interfere in any fashion. Hindering a peace officer in doing his duties carries penalties and can make your situation worse. 

Photo: Tim Pierce

If a peace officer is trying to make a lawful arrest or detain you or another person and you interfere with his attempts, you could be guilty of a class B misdemeanor. The legislature considers the following methods of obstruction illegal:

  • Use of force or any weapon;
  • The arrested person’s refusal to comply with the lawful order of the officer; or
  • Any person’s refusal to refrain from doing anything that would prevent or hamper the arrest or detention.

Additionally, if a law enforcement officer directs a person to stop, that person must do so or be subject to a class A misdemeanor. Some of the ways a person can get into trouble by not stopping at a peace officer’s command are:

  • Ignoring a verbal or visual command;
  • Attempting to avoid arrest; or
  • By failing to stop a vehicle.

Just because you comply with a law enforcement officer’s request to stop or allow the officer to arrest or detain you does not mean you are required to give the officer any statement or other information he may request from you. Whether or not you have been read your rights, under no circumstances should you make a statement until you have received the advice of legal counsel. Some people think that because they know that they are innocent, not talking to law enforcement makes them look guilty. Don’t make that mistake. You should always contact a Utah criminal defense attorney and then follow his or her recommendations.

Utah Man Allegedly Fires at Police

Utah Criminal Defense Blog, on the topic of  Crimes, Dealing with Police, Utah Crime News
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A man is currently hooked up to a ventilator in a Utah hospital after allegedly firing his gun at police and then shooting himself in the chest. Police state that when they attempted to serve Jason Valdez, who is a gang member, a felony drug warrant, he locked himself in his motel room. A standoff with police ensued, ending hours later with holes in the motel room walls (blasted through by SWAT team members) and Valdez with an apparent self-inflicted gunshot wound to the chest.

Photo: rossaroni

Police say they are going to charge Valdez with two charges of attempted aggravated murder. Aggravated murder is a first degree felony. When an individual is charged with an attempted crime, the charge is reduced by one degree. Therefore, attempted aggravated murder would be a second degree felony. Second degree felonies carry a potential penalty of one to fifteen years in prison.

An interesting side note is that the SWAT team apparently left a huge mess in the adjoining motel room to Valdez’s–everything from gaping holes in the walls to plastic bottles full of urine. The police explained that there were no bathroom facilities available to the SWAT team, and after a 12-hour standoff, they had to use what was available to them. According to the police, when the standoff was over, the SWAT team was traumatized and forgot to clean up. Apparently, there are methods of recourse for the occupants of the ruined room available through the city.

Without knowing Valdez’s side of the story, it wouldn’t be prudent to jump to any conclusions. Hopefully he will employ competent Utah criminal defense counsel to represent him for any charges he may face.

Inappropriate Police Behavior with Drunk Girl, Who Wandered Into A Police Station

Clayton Simms, Criminal Defense Attorney, on the topic of  Dealing with Police, Humor
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The police photograph and grope a drunk girl, who wanders into the police station and is waiting for a ride. Thankfully, this is not a police department in Utah.

What do you think of the police officers’ behavior? Inappropriate or harmless fun?

Police Interrogation Techniques That Lead To False Confessions

Clayton Simms, Criminal Defense Attorney, on the topic of  Dealing with Police
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The following video contains an example of how police interrogation techniques can lead a suspect to confess to a murder he didn’t commit. The suspect dreamed that he was involved in the murder and then mentioned the dream to his friends, who then contacted the police.

The suspect had no motive to commit the murder, had no memory of the murder and there was no evidence he committed the murder. That didn’t stop the police. The police spoon feed the suspect details of the murder and secure a false confession. Meanwhile, the real killer is on the loose.

Salt Lake City Police Seek Identification of Suspects in Aggravated Assault in a Gen-X Store

Clayton Simms, Criminal Defense Attorney, on the topic of  Dealing with Police
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The Salt Lake City Police Department just released a video of an Aggravated Assault that took place at a Gen-X Store in December 2010. If you recognize the suspects, please contact the Salt Lake City Police Department at 801-799-3000. If you recognize yourself in this video, please contact the Utah Criminal Defense Attorneys from Clayton Simms, LLC at 801-359-0404.

Payment in Pennies Nets Utah Man Disorderly Conduct Citation

Utah Criminal Defense Blog, on the topic of  Dealing with Police, Hiring a Lawyer, Humor
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A Utah man was cited with disorderly conduct by police after he attempted to pay a medical bill with pennies. The man went to his local medical clinic to dispute a $25 charge, but instead ended up paying it—with 2500 pennies. According to the man, when he dumped the pennies on the clinic’s counter, some rolled off onto the floor. The police stated that the man’s actions served “no legitimate purpose” and upset the clinic’s staff.

Photo: James Weirick

A disorderly conduct charge is normally issued because one or more of the following situations occur:

*A person refuses to comply with the lawful order of the police to move from a public place, or knowingly creates a hazardous or physically offensive condition, by any act which serves no legitimate purpose; or

*A person intends to cause public inconvenience, annoyance, or alarm, or recklessly creates a risk.

Disorderly conduct is a class C misdemeanor if a person continues to act in a rowdy fashion after being asked to stop. Otherwise it is an infraction. This man was cited with an infraction, which carries the possible fine of $140, and his case will be heard in the local justice court.

There are times when tempers get out of control and law enforcement needs to be called in to help mediate the situation. Then there are times like the one this man experienced. If you believe you have been wrongfully charged with a crime, you shouldn’t hesitate to call a Utah criminal defense attorney. Sometimes individuals do the wrong thing, but sometimes it’s law enforcement that needs to be reminded of what truly constitutes a crime and how to handle those moments appropriately. Don’t let yourself be railroaded into a conviction or paying a fine that you don’t deserve.

Riding Lawn Mower DUI

Clayton Simms, Criminal Defense Attorney, on the topic of  Alcohol in Utah, Dealing with Police, DUI in Utah, Humor, Utah Crime Related Videos
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Yes, you can get a DUI on a riding lawn mower. Please do not drink and drive a lawnmower.

Ogden Metro Gang Unit Produce Hip Hop Album to Keep Utah Kids Out of Jail

Clayton Simms, Criminal Defense Attorney, on the topic of  Crimes, Dealing with Police, Drugs in Utah
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Ogden Metro Gang Unit’s Hip Hop/Rap album, which features Royce and Inglewood, is out this week and the goal of this album is to keep Utah kids out of jail. Unlike most Hip Hop/Rap, this album had the limitations of no profanity, glorification of drug life or violence. What does a Hip Hop/Rap album sound like without those elements? This is certainly not a Jay Z, Eminem or Tupac Album. Are you glad that the Ogden Police department spent $28,000.00 to produce this album?

Check out Ben Winslow’s Full Report.

Interestingly the Hip Hop artists the Ogden Police Department hired are not known for their clean lyrics. Royce and Inglewood’s recently released single uses the “N” word, “D**k” and “No Homo” among other potentially offensive phrases. Do you agree with the Ogden Metro Gang Unit’s assessment that Royce and Inglewood are positive role models for teenagers?