Archive for the ‘Hiring a Lawyer’ Category

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Assault in Utah Car Ends in Arrest

Jan
16
Utah Criminal Defense Blog, on the topic of  Hiring a Lawyer
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You may not think that getting into a car with a friend is a concern, but you never know when things can take a turn for the worse and end in aggravated assault. A recent car ride in Utah took a downward turn when the front seat passenger allegedly began assaulting the driver. Strangely, the alleged assault on the driver took place while the car was moving. (A word to the wise: if you have a problem with the driver of a car you’re riding in, don’t attack him while the car is in “drive.”)

Don’t Bother the Driver

Apparently, a woman was driving two male passengers to another person’s home when the front seat passenger put the woman in a headlock and starting hitting her. At that point, the man in the back seat asked to be let out of the car. The altercation continued in the front of the car when the woman pulled out a knife and stabbed the man allegedly attacking her. At some point the driver stopped the car and the men ran off to find help.

Assault Followed by Arrest

The driver’s woes didn’t end there. When she got out of her vehicle she was hit by another car. Both injured people were treated at the hospital, where law enforcement also found some type of illegal substance in the woman’s purse. She was arrested for investigation of aggravated assault, possession of a deadly weapon and carrying a controlled narcotic substance. The passenger who allegedly attacked the driver hasn’t been charged at this point.

Charges for Aggravated Assault

When a person commits assault with a dangerous weapon, it is considered aggravated assault and is a third-degree felony. However, if the assault ends in serious bodily injury it is a second-degree felony. Possession of a deadly weapon with intent to assault is generally a class A misdemeanor.

Don’t Wait to Call an Attorney

When you are involved in any type of dispute with another person and you’re arrested, it’s important that you contact a Utah criminal defense attorney. He will be able to help sort out both sides of the story and make sure that you aren’t railroaded into taking all the blame. After all, it generally takes two to have an argument. Call an attorney today and get started on the path to justice.

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Cabin Burglar On the Loose

Jan
11
Utah Criminal Defense Blog, on the topic of  Hiring a Lawyer, Humor
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If you own a cabin, be on the lookout for the cabin burglar. He may break-in, eat your food, sleepover and shoot your walls with his gun. As funny as that may sound, police in three Utah counties are seriously searching for a man that they believe is armed and possibly dangerous.

Photo: Jeramey Jannene

Cabin Burglar Spotted

Law enforcement officials in Kane, Garfield and Iron Counties are aggressively hunting for a man who has been spotted by a security camera outside an individual’s cabin. The man appears to be in camouflage clothes and is carrying a rifle. Police believe that the same man has spent time in various cabins over the past few years, usually during the winter months. When owners return to their cabins in the spring, they find they’ve had an uninvited guest during their absence.

Police are recommending caution if anyone encounters this man. That is sound advice for any break-in, whether it occurs at your home or place of business. It’s better that someone who slept in your bed leave peacefully then that a situation escalates into violence, no matter how wronged a person feels about having his pajamas worn by a stranger.

Burglary in a Dwelling

Burglary committed in a dwelling (home) is usually a second-degree felony. You will likely be considered a burglar by police if you enter a building or remain in a building without permission and intend to commit a felony, a theft, or an assault, to name just a few burglary-related crimes. Second-degree felonies can find you serving a 1-15 year prison sentence.

Criminal Trespass isn’t Burglary

Criminal trespass is also against the law. When a person unlawfully enters or remains in a dwelling, but doesn’t commit burglary, he can be charged with a class A misdemeanor. Class A misdemeanors can carry up to a one-year jail sentence.

Call an Attorney Today

When you find yourself in a legal bind, don’t wait to call an attorney. You will need the advice and expertise a reputable Utah criminal defense attorney has to offer. Don’t take chances with your freedom or your reputation. Contact an attorney right away.

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Registered Sex Offender and Lewdness in Utah

Nov
21
Utah Criminal Defense Blog, on the topic of  Hiring a Lawyer, Utah Law
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If a registered sex offender is trying to do right and obey the law, he should be allowed to focus on rehabilitation. On the other hand, if he exposes himself in public and people, including children, see him, he’s in for further trouble with law enforcement.

Photo: Orin Zebest

A man was arrested Sunday after a woman and her children on their way to church saw him exposing himself. Another witness reported seeing the man as well.

The man is a registered sex offender stemming from a felony child sex abuse conviction in 2000. He has had multiple misdemeanor and felony convictions from a variety of problems, including lewdness, over the years. Now he is being investigated for lewdness and lewdness involving a child.

Lewdness involving a child is normally a class A misdemeanor, but the charge is greater if the person is a registered sex offender or has previously been convicted of lewdness involving a child. In those cases, the charge is a third-degree felony.

Lewdness in the presence of someone 14 years old or older is a class B misdemeanor if it is a person’s first or second violation of the law. However, it is a third-degree felony if the person is a sex offender, has been convicted of violating the law two or more times or has been convicted of lewdness involving a child.

Considering the fact that this man has had several run-ins with the law, many involving sexual-related crimes, it seems that he needs to have help he’s not getting, for whatever reason.

Regardless of the crimes a person has been charged with, he or she deserves to be represented by an attorney who is well-versed in Utah law. If you or a loved one is in a legal jam, don’t wait to hire an experienced Utah criminal defense attorney. You may need additional services as well, but let an attorney be your voice and advocate in a situation that requires legal expertise. You will do yourself a favor when you allow a criminal defense attorney to navigate the confusing legal world on your behalf.

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Tampering With Evidence in Utah

Nov
16
Utah Criminal Defense Blog, on the topic of  Hiring a Lawyer, Utah Crime News
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Tampering with evidence is a third-degree felony in Utah, as a couple recently found out when they were charged with the crime in 3rd District Court.

Photo: Shawn Campbell

Silvan Warnick, who is a Salt Lake County constable, and his wife Alanna Warnick are accused of tampering with evidence after they changed an official report. They allegedly changed the report in order to keep an officer out of trouble for excessive use of force during an arrest incident in August. Mr. Warnick is also charged with tampering with a witness, which is a third-degree felony. A third-degree felony is punishable by up to five years in prison.

This situation came about after Mr. Warnick supposedly told an employee to omit details about any use of force from the employee’s incident report. When the man refused to comply, Mr. Warnick told his wife to make the alterations. Mrs. Warnick reportedly told police that she removed information from the employee’s report that didn’t appear to be relevant. She also told police that the man couldn’t have heard what was going on (during the arrest) because he was too far away.

Although the Warnicks have been charged with criminal acts, it will be up to a jury to decide their fate. However, it is good to know that there is a system in place to make sure that everyone, law enforcement included, obeys Utah laws.

Criminal charges warrant nothing less than contacting a Utah criminal defense attorney immediately. Even though there are laws in place in our country to protect innocent people, a person who has been accused of any crime shouldn’t take chances that he will naturally be found not guilty. Protect yourself by having an attorney who will be your greatest advocate.

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Lewdness Involving Children in Utah

Nov
14
Utah Criminal Defense Blog, on the topic of  Hiring a Lawyer, Utah Crime News
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Two former camp counselors are charged with committing lewdness involving children in Utah. Jordan Corliss has been charged with three class A misdemeanor counts of lewdness involving a child and one class B misdemeanor count of lewdness. Samuel Olsen is facing four counts of lewdness involving a child, class A misdemeanors.

Photo: florisla

The 18-year-old men were counselors at the Foundation for Children and Youth with Diabetes Camp until this incident, which allegedly occurred on the last day of camp. The men have been informed that they are not invited to return to the camp.

The Allegations

Two of the allegations are that the counselors used sexual language and terminology in front of the campers and that one of the men stood naked in front of campers. Reports state that most of the campers were 13-year-olds.

What Constitutes Lewdness Involving Children

Lewdness involving children occurs when someone intentionally or knowingly does any of the following in the presence of a child who is under 14 years of age:

• Performs an act of sexual intercourse or sodomy;
• Exposes his or her genitals in a public place or a private location;
• Masturbates;
• Causes a child under 14 to expose his or her genitals, anus or breast; or
• Performs any other act of lewdness.

Penalties for Lewdness Involving Children

Lewdness involving children is a class A misdemeanor, such as the two young men were charged with, unless the person charged is a sex offender or has been previously charged with this crime. In those cases, the charge would be a third-degree felony.

One of the camp’s founders, who has known the young men for more than 10 years, stated that the counselors have never been written up, put on probation or been through the camp’s disciplinary process prior to these allegations.

Get the Legal Help You Deserve

Hopefully these two men are receiving excellent legal counsel. They are innocent unless proven guilty, and they have the right to be defended vigorously. Anyone who has been charged with a crime should hire an experienced Utah criminal defense attorney. Don’t leave your fate in the hands of law enforcement. Call a Utah criminal defense attorney today.

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Attempted Murder During Yard Work in Utah

Oct
31
Utah Criminal Defense Blog, on the topic of  Hiring a Lawyer, Utah Crime News
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Most people aren’t normally worried about a neighbor committing attempted murder on them while they’re working in their yard. Unfortunately, a Utah man doing yard work was shot at by his neighbor and hit twice during what police are calling an attempted murder.

What Prompted the Attempted Murder?

Photo: Mike Finkelstein

Law enforcement isn’t sure what prompted Michael Selleneit to allegedly shoot repeatedly at his next door neighbor yesterday. Selleneit has apparently made many severe accusations against his neighbor over time, but police stated that there aren’t any suggestions that the accusations are true.

The victim was seriously injured in the shooting. Police stated that Selleneit is believed to be the shooter and will be booked into jail on attempted murder charges. Also, Selleneit is not supposed to be using firearms, a consequence from past criminal activity.

Hopefully, the victim won’t die from his injuries. A loss of life is never a good thing, especially for the victim and his family. This situation does make you wonder what was going through the alleged shooter’s mind at the time of the incident. If Selleneit is indeed the shooter, he will be in need of a very good Utah criminal defense attorney.

Possible Legal Consequences of Attempted Murder

Attempted murder is a generally a first-degree felony and carries a potential penalty of three years to life in prison. Murder can be a first-degree felony or a capital offense, depending on the circumstances surrounding the crime, and the penalty can vary considerably depending on the case’s outcome.

Protect Yourself by Hiring an Attorney

We don’t know any more particulars of the situation at this point, but we do know that anyone accused of a crime should engage legal counsel on his or her behalf. Law enforcement will be looking for someone to shoulder the blame, so you should look for a criminal defense attorney who will do his best to stand up for your rights.

You don’t have to be facing an attempted murder charge to hire an attorney. You need to protect yourself by having a Utah criminal defense attorney who will provide you with a vigorous defense, regardless of the charges against you.

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Utah Woman Attempts to Sexually Exploit Child

Oct
25
Utah Criminal Defense Blog, on the topic of  Crimes, Hiring a Lawyer
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When an adult attempts to sexually exploit a child in Utah, that adult normally has to face up to criminal charges. A Salt Lake City woman whose name is being concealed to protect the victim, her daughter, found out that trying to sexually exploit her child for her personal gain was not taken lightly by law enforcement.

The story is rather disturbing. The woman apparently agreed to sell her daughter’s virginity to a man for $10,000. Also, the same man reportedly took the woman and her daughter, who is 13-years-old, to model lingerie for him. Law enforcement said that the woman sent pictures of her daughter wearing lingerie to another man, as well. He was allegedly going to pay for the sexually exploitative pictures.

The woman pleaded guilty to two counts of sexually exploiting a minor, which are both second-degree felonies. In exchange for her plea, other charges of aggravated sexual abuse of a child were dismissed. The second-degree felony charges could result in long prison sentences; anywhere up to 15 years per count.

If you are in the midst of legal woes, our best advice to you is to get help immediately. Don’t compound mistakes you’ve made by not hiring a Utah criminal defense attorney who can handle tough cases. Maybe you haven’t always made the right choices, but we know that every person still deserves legal representation, no matter what they are accused of.

Remember that you should not talk to police, regardless of what they tell you. The only person you should discuss your situation with is an attorney. Law enforcement has their job to do, and it’s not to help you. Your attorney will represent your best interests. Don’t take your freedom for granted. Call a Utah criminal defense attorney right away.

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The Consequences of Violating a Protective Order in Utah

Oct
21
Utah Attorney, Brooke Winters, on the topic of  Crimes, Criminal Defense Misc, Hiring a Lawyer, Legal Process
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If you have been charged with domestic assault and there is a protective order in place do not contact the protected person. The protected party can not modify, waive, alter or dismiss the order. Only the court has the authority to lift the protective order. So if protected person contacts you and asks you to come to where they are, don’t do it because that is a violation.

If the crime you have been charged with is a felony then a violation of the protective order is a Third Degree felony. If, however you are charged with a class B Domestic Assault then a violation becomes a Class A.

Contact a Utah criminal attorney with any questions you may have about your domestic assault case.

Posted in Crimes, Criminal Defense Misc, Hiring a Lawyer, Legal Process | No Comments »

Save First, Arrest Later for Utah Parolee

Oct
10
Utah Criminal Defense Blog, on the topic of  Crimes, Hiring a Lawyer
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There’s nothing like being saved from possible death by police only to have them turn around and arrest you for suspicion of committing several crimes. That’s exactly what happened to Reo Guy Watts last Saturday.

Photo: Mark Coggins

Police were patrolling an area of Utah Lake when they approached Watts while he was sitting in his vehicle. Before they could talk to him, Watts took off down the beach. Officers pursued him, but were unable to locate him at first. Several hours later, police received a tip that someone was calling for help in a reedy area of Utah Lake. It took a helicopter to locate the person, who turned out to be Watts.

Apparently, he’d become stuck amongst some reeds in a marshy area of the lake and was unable to extricate himself. Watts was treated for hypothermia and then arrested. While searching for him, officers had found approximately 1200 feet of copper wire on the ground and in Watts’ car. Authorities have identified the wire as being taken from the Union Pacific Railroad’s train tracks in Spanish Fork Canyon.

Watts is being held for investigation of possession of stolen property, possession of burglary tools and obstruction of justice.

When you have been arrested for a crime, the first thing you need to do is call an attorney. Regardless of the circumstances surrounding your arrest or alleged criminal activities, you are not required to talk to law enforcement. Don’t talk to anyone except your attorney, because he will be the only one looking out for your best interests. The police have their priorities and so will your Utah criminal defense attorney. Make your phone call worth something. Hire a reputable attorney who will put his resources to work for you.

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Former Coach Enters Plea in Abeyance

Oct
07
Utah Criminal Defense Blog, on the topic of  Hiring a Lawyer, Question
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A former Utah high school coach recently entered a plea in abeyance for the assault of a student after originally being charged with child abuse, a class A misdemeanor. Steve North used to be the head football coach at Wasatch High School, but after being placed on leave following the incident his contract was not renewed.

Photo: Gordon Joly

Assault is a class B misdemeanor and can be defined as:

• Using unlawful force or violence in the attempt to do bodily injury to someone;
• Threatening to injure someone and accompanying that threat with a show of force or violence; or
• The actual act of injuring someone.

What is a Plea in Abeyance?

A plea in abeyance takes your plea and holds it in abeyance, which is a fancy term that essentially means the court sets the plea on a “shelf” instead of entering the plea in the court record for a certain time period. If you don’t have any criminal convictions during the time period specified and you comply with the terms of the plea in abeyance agreement, then the charge can be dismissed.

A plea in abeyance agreement includes whatever terms both the prosecution and the defense agree to. Some of the stipulations may include attending anger management training, paying fines and/or restitution, etc.

Why a No-Contest Plea?

A no-contest plea has the same legal effect as a guilty plea. Pleading no-contest is admitting that there is evidence that could convict you of the charge(s) against you. Some people prefer entering a plea of no-contest in a criminal case because a no-contest plea cannot be used as evidence of guilt in a civil case.

Do Yourself a Favor and Hire an Attorney

Hiring a Utah criminal defense attorney is vital regardless of what type of criminal case you’re involved in, because he can carefully advise you of the benefits and drawbacks of entering various pleas. Don’t hesitate to contact a reputable attorney who will defend you with vigor.

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