Archive for the ‘Hiring a Lawyer’ Category

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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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One Dead in Possible Gang Shooting

Oct
04
Utah Criminal Defense Blog, on the topic of  Hiring a Lawyer, Utah Crime News
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Photo: Nesster

An apparent gang-related shooting at a South Salt Lake reception center ended with one person dead and several other people injured last Saturday. Nearby witnesses heard what was described as fireworks-type noises, glass breaking, and observed people who may have been running away from the crime scene.

In addition to the one death, six people were hospitalized with either gunshot or knife wounds. Local police have been questioning people who were present at the time of the fighting, but haven’t received much cooperation. Apparently, many of the people had different gang affiliations.

Gangs are a concern in many areas throughout the United States, and Utah is no exception. There are some laws in Utah specifically addressing some gang issues, particularly criminal street gangs.

• A police officer does have the responsibility to disperse gang loitering in public places where loitering is prohibited, such as: sidewalks, streets, public parks, shopping malls, theatres, lobbies, elevators, etc. People who refuse to comply with this request will be subject to a class B misdemeanor and potentially a fine.
• Members of criminal street gangs who solicit, recruit, entice or intimidate a minor to join a criminal street gang are guilty of a class B misdemeanor, whether or not the minor actually joins the gang.
• If a member of a criminal street gang intimidates or causes a minor to commit or attempt to commit a criminal act, that gang member will be guilty of a class A misdemeanor.
• A criminal gang offender who has been convicted of a crime with an enhanced penalty may not have a dangerous weapon, ammunition or copy of a firearm in his possession within five years after his conviction. If a person violates this law, they are guilty of a class A misdemeanor.

Regardless of your circumstances, don’t wait to contact a Utah criminal defense attorney if you have been arrested for any crime. You deserve a solid defense as much as the next person. Find a criminal defense attorney who has a winning reputation and who will fight for you.

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Utah Man Facing Aggravated Assault Charge

Sep
28
Utah Criminal Defense Blog, on the topic of  Hiring a Lawyer, Utah Crime News
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Christopher Michael Burch has been charged with aggravated assault after allegedly stabbing a clerk at the Little America hotel last week. Burch reportedly came into the hotel lobby shortly after a fire alarm went off in the hotel and told a woman she would want to leave [the premises]. Burch apparently then approached the front desk where the clerk asked for his room number, which Burch said he couldn’t remember. The clerk checked Burch’s identification and told him there was no one by Burch’s name staying in the hotel.

At that point, Burch supposedly reached across the counter and hit the clerk in the face. The clerk was cut and bleeding and reported that he saw a knife in Burch’s hand and then ran back into another room. Other witnesses stated that they saw Burch throw some type of statue through a hotel gift shop’s window.

Burch was apprehended in the hotel parking lot carrying a knife with a blood on its blade. He was also charged with criminal mischief, assault and interfering with an officer. The various charges carry a variety of penalties. Interfering with an officer and assault are class B misdemeanors, while aggravated assault is a third-degree felony and criminal mischief is a class A misdemeanor.

While Burch’s alleged actions were wrong, there is likely more to his story than we know of at this point. We hope Burch will take the time to hire a skilled Utah criminal defense attorney to represent him with the myriad charges he is facing. If there are any extenuating circumstances, a qualified defense attorney can work to see that those conditions are taken into account. When you are involved in any criminal proceedings, it is always worth finding the right attorney to help you during your difficult time.

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Felony Theft Charges for Former University Employee

Sep
20
Utah Criminal Defense Blog, on the topic of  Crimes, Hiring a Lawyer
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A former employee of the online Western Governor’s University is facing multiple felony theft charges stemming from her time with the university from August 2007 to December 2010. Shelley Ann Wilkinson is being accused of stealing over $500,000 from the WGU during her time as an employee there.

Photo: Claire L. Evans

It is alleged that Wilkinson forged authorized employees’ signatures on three checks totaling more than half a million dollars. Wilkinson is charged with: theft by deception, which is a first-degree felony, and three counts of forgery, which is a third-degree felony.

First-degree felonies generally carry a prison term of five years to life, while third-degree felonies can send a person to prison for five years—possibly for each count of a felony.

The Utah Code states that a person commits theft when he obtains or exercises control over property of another by deception and with a purpose to deprive him thereof. Attempts to secretly steal can be classified at theft by deception, as is alleged in this case. Forgery is often charged when someone signs another individual’s name to a document, such as a check.

You should get legal help whenever you are charged with a crime, but definitely do not wait to hire an attorney when you are facing charges that carry a potential prison sentence. Even though a defendant carries the presumption of innocence, that doesn’t mean you should assume that justice will automatically prevail in your favor. A Utah attorney who specializes in criminal defense can bring the legal expertise your case will need to have.

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Can You Keep a Secret?

Sep
20
Utah Attorney, Brooke Winters, on the topic of  Criminal Defense Misc, Hiring a Lawyer
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As you might already know, any information you reveal to an attorney relating to your case is confidential. This means that the attorney is prohibited from disclosing any information relating to your case without your informed consent. The purpose behind this rule is to encourage trust and frank communication between the attorney and client. The client does not need to be concerned with disclosing potentially embarrassing or legally damaging information to the attorney as the information will be kept confidential. The attorney needs this information to effectively advise and represent the client.

 

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Arson or Accident?

Sep
09
Utah Criminal Defense Blog, on the topic of  Criminal Defense Misc, Hiring a Lawyer
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A Utah home was destroyed on Labor Day after being engulfed by flames early in the morning, and law enforcement are concerned it may have been caused by arson. The homeowners, who were out of town at the time, were awakened by a phone call alerting them to the situation. Firefighters were able to eventually extinguish the blaze, said to have caused at least $200,000 in damage, although a neighbor’s home also received some exterior fire-related damage.

Last Person Seen Before Fire

Photo: Justin Scott Campbell

Police are currently looking for one of the homeowners’ sons who is believed to be the last person seen at the home. The homeowners have stated that they do not think their son started the fire, but law enforcement would still like to question the son. Hopefully, this does not turn out to be a case of arson. Having your home lost to a fire is bad enough without thinking someone set the fire on purpose.

Arson Charges

Arson is a second-degree felony if the damages caused exceed $5000 in value. Aggravated arson, which includes damaging a habitable structure or a structure or vehicle when someone is in either location, is usually charged as a first-degree felony.

Hire an Attorney

A good course of action in this or any potential criminal situation is to contact a Utah criminal defense attorney immediately. Act prudently, and hire a qualified attorney who can assess your side of the story and give you the advice you need. Let your attorney do the talking when it comes to communicating with law enforcement. Sometimes an experienced attorney can diffuse a legal molehill before it becomes an insurmountable mountain.

Talk to counsel before you make any statements to law enforcement. You must look out for yourself, and your experienced attorney will help you in protecting your rights.

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Utah Child Sex Abuse Case Nets Guilty Pleas

Sep
08
Utah Criminal Defense Blog, on the topic of  Hiring a Lawyer, Utah Crime News
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A child sex abuse case in Utah culminated with guilty pleas from the alleged abuser, Lon Kennard Sr. After initially being charged with 47 counts of a variety of first, second and third-degree felonies, Kennard pleaded guilty to three counts of aggravated sexual abuse of a child, all first-degree felonies. Prosecutors dropped the remaining charges in exchange for the guilty pleas.

Kennard allegedly abused seven victims, six of whom were girls related to him, beginning sometime around 1995. According to the Utah Code, imprisonment is mandatory when a crime of this nature has occurred. A judge will decide Kennard’s fate at his sentencing hearing on November 2.

What Constitutes Aggravated Child Sex Abuse

Sexual abuse of a child is punishable as a second-degree felony. Aggravated sexual abuse of a child, on the other hand, increases the charge to a first-degree felony. A few of the reasons that a person may be charged with aggravated sexual abuse of a child are as follows:

• Use of a dangerous weapon;
• In the course of a kidnapping;
• Bodily injury or severe psychological injury was inflicted by the accused upon the victim;
• Pornography was involved or the victim was photographed during the offense; or
• The accused was a person in a position of special trust (such as a religious leader, a coach, a teacher or a parent).

There are several other situations that may result in an aggravated child sex abuse charge. You should consult with a Utah criminal defense attorney if you have further questions about any charges you are currently facing. Additionally, you don’t need to wait until you are charged with a crime to talk to an attorney. It is in your best interest to have legal representation on your side if you believe you may have criminal charges filed against you or you know you are being investigated by law enforcement.

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Utahn Awaiting Sentence for Double Murder

Aug
17
Utah Criminal Defense Blog, on the topic of  Hiring a Lawyer, Utah Crime News
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Christian Sweeten pled guilty to two counts of murder yesterday in a Utah 3rd District courtroom. Originally charged with a capital crime, Sweeten was offered a plea deal by prosecutors which took him from possibly being sentenced to death to the possibility of serving life in prison. Prosecutors have said that they will recommend to the judge that Sweeten go to prison for 2 consecutive 20-year sentences. The judge in the case noted that she is not bound by the plea agreement’s sentencing suggestion. She also stated that if she chooses a different sentence, Sweeten will have the chance to withdraw his plea. Sweeten will be sentenced on September 30.

Events Leading to Murder

At the hearing, Sweeten admitted to shooting the two murder victims. The shooting allegedly occurred after the victims apparently gave him bad directions. Sweeten initially stated that he felt threatened by the two men, but since the victims were shot in the back, prosecutors argued that Sweeten could not have been responding in self defense. Sweeten’s fiancé stated that the two victims fired first, but no weapons were found with the two men who were shot.

First-Degree Murder vs. Aggravated Murder

In Utah, when a person is found guilty of aggravated murder, that individual is then eligible to receive the death penalty. First-degree murder, on the other hand, can send a person to prison for at least five years and possibly for life.

Death Penalty

Many people are death penalty advocates. Perhaps it’s the Biblical “eye for an eye” that they agree with. If you take that view, let’s hope you never find yourself in a tight situation where you make a bad choice. Along with the “eye for an eye” theory, if you hit another car maybe that driver should be allowed to smash into your car for your punishment. Does that seem excessive? Two wrongs don’t generally equal one right.

You may agree with the death penalty or you may think it’s not a civilized choice. The beauty of living in America is that you get to have your opinion. You can even argue your opinion with your legislators. Thankfully, if you get into legal trouble of any kind, you can be represented by a Utah criminal defense attorney who knows the law and will be your advocate in dealing with law enforcement and the judicial system. When you need help, call a Utah criminal defense attorney immediately and get your case on the right track.

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Federal Mail Fraud and Wire Fraud Indictments in Utah

Aug
11
Utah Criminal Defense Blog, on the topic of  Crimes, Hiring a Lawyer
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Two Utahns were recently indicted by a federal grand jury on 26 counts of mail fraud and wire fraud. If convicted of the federal charges, William Ricker Ferguson and Ashlee Choate could face 30 years in prison and a $1 million fine per mail fraud charge and 20 years in prison and a $250,000 fine for each wire fraud charge.

Federal Indictment

Photo: Aranami

Ferguson had numerous state felony charges against him dropped when the indictments were handed down. The federal indictment alleges that Ferguson had posed as a doctor, performed medical procedures and prescribed medications to various clients at the Hollywood Body and Laser Center, later renamed Hollywood Body MD. Apparently, Ferguson has never been a physician. Choate’s name was on the business license application for Hollywood Body MD; she was also allegedly the owner of that business.

Mail Fraud and Wire Fraud

Medications prescribed at both facilities were purported to have been mailed from Florida, but the government believes they were all handled in Salt Lake City. It seems that few, if any, prescriptions were written by actual doctors. Federal prosecutors believe that Ferguson and Choate used a variety of methods to “write” the prescriptions.

Hiring an Attorney

Fortunately for Ferguson and Choate, they live in America and have the opportunity to be represented by criminal defense counsel. No one should make any assumptions about whether or not these two individuals are guilty—that is up to a jury. However, it is a good reminder that when you face legal problems you should always immediately consult a Utah criminal defense attorney.

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Alleged Child Exploitation by Utah Man

Aug
09
Utah Criminal Defense Blog, on the topic of  Crimes, Hiring a Lawyer
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David Richards has been arrested and booked into a Utah jail on charges relating to child exploitation. Exploitation may be defined as “utilization of another person for selfish purposes.” Richards allegedly lured children into his home where he had hidden cameras and would take pictures of the children while they were in his bathroom. Police have seized computers and cameras from Richards’ home and have identified at least 10 children, all between the ages of 6-10 years old. According to police, there are many other victims who have not yet been identified.

Richards is being investigated for the following crimes:

• Lewdness involving a child;
• Forcible sexual abuse of a child; and
• Sexual exploitation of a child.

Although the average person does not condone harming children in any fashion, don’t forget that everyone who is arrested for committing a crime, no matter what the crime may be, is entitled to the presumption of innocence unless or until proven otherwise. So while people may abhor criminal actions involving children, we must allow that individual their day before a jury of their peers.

Driving in excess of the speed limit is technically breaking the law, even though most people would not classify breaking the speed limit to be in the same category as child exploitation. It might be a different matter, however, if the person speeding hits and kills someone. That driver would certainly warrant legal representation as much as someone accused of another serious crime.

The bottom line is this: every person who is in trouble with the law needs and deserves to have the best attorney they can find. If you or a loved one is in a legal bind, hire a Utah criminal defense attorney right away. It will be the best decision you can make at a tough time.

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