Archive for the ‘Hiring a Lawyer’ Category

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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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Utah Woman Hits Police Officer with Barbed Wire

Jul
28
Utah Criminal Defense Blog, on the topic of  Hiring a Lawyer, Humor
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On July 4, Kyla Felix decided she’d rather jump in an irrigation canal than be arrested by police. Apparently, police had a warrant for Felix’s arrest and were trying to locate her when one officer found her in an irrigation canal. The officer told her to get out of the canal, and eventually she did, but then she jumped back in. The officer finally got in the water to fish her out, at which point she allegedly began hitting him with a piece of barbed wire. The officer was able to get Felix out of the water, calm her down and wait for additional officers to arrive.

Photo: Gilles Douaire

Felix is facing several charges from the July 4 incident, as well as charges stemming from the issuance of the warrant. She is charged with assault on a police officer, a class A misdemeanor, and interfering with an arresting officer, a class B misdemeanor. A class A misdemeanor carries a potential penalty of up to one year in jail, while conviction of a class B misdemeanor can send a person to jail for up to six months.

Everyone has difficult days, though it seems as though some people’s days are a little harder than the next guy’s. Your best bet when facing arrest by law enforcement is to calmly go along with the officer and not make any more problems for yourself or the police, even if you believe the arrest is inappropriate. Don’t discuss your situation with police, just take your opportunity to talk to an attorney—and don’t hit an officer with anything, not even barbed wire, no matter how upset you might be.

Find a qualified Utah criminal defense attorney who you can tell your side of the story to. He will be able to communicate with law enforcement and keep you from potentially getting into further trouble. Use your rights, keep silent and get an attorney who will be on your side.

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Utah Laws Against Abuse or Neglect of Children with Disabilities

Jul
19
Utah Criminal Defense Blog, on the topic of  Hiring a Lawyer, Utah Legal Definition
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Abuse takes place all over Utah and comes in many forms. Unfortunately, sometimes abuse and neglect  happen to children, even children with disabilities. Utah law defines abuse of a child with a disability as:

  • inflicting physical injury;
  • while having the care and custody of a child with a disability, causing or allowing another to inflict physical injury; or
  • unreasonable confinement.

Neglect is defined as failure to provide care, shelter, clothing, nutrition, supervision or medical care. A caretaker of a child with a disability is a parent, legal guardian or another person with custody over that child. Any caretaker in Utah who knowingly, willingly or intentionally abuses or neglects a child with a disability may find themselves charged with a third-degree felony. Third-degree felonies are punishable by up to five years in prison.

The law also states that a parent or legal guardian who provides a child with treatment through spiritual means alone through prayer, in lieu of medical treatment, in accordance with the beliefs and practices of an established church or religious denomination, shall not—for that reason alone—be considered to be in violation of this law. However, a court may order a licensed physician to provide medical care to a child with a disability if there is evidence that the child’s health or welfare is at extreme risk.

Also, a caretaker does have the right to select a method of care that they reasonably believe would be in the best interest of the child with a disability.

Any person who has been in charge of a child knows how stressful that task can be. Sometimes people make mistakes when acting under extreme strain. If you are faced with criminal charges in connection with an alleged case of child abuse or neglect, don’t leave your circumstances to chance. Contact a reputable Utah criminal defense attorney today who can argue your case for you.

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Utah Man Shot by Police During Encounter

Jul
08
Utah Criminal Defense Blog, on the topic of  Crimes, Hiring a Lawyer
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A Utah man who confronted police officers with a dumbbell or pipe-type object, is now in extremely critical condition. The man was allegedly threatening a neighbor’s teenager when police were called. When police arrived on the scene, they first tried Taser the man, and after that failed to subdue him, another officer shot the man twice. The officers were placed on administrative leave following the incident.

Photo: Kecko

According to neighbors, the man, who has lived in the area for 10 years, suffers from mental illness but has not been taking his medications. Other neighbors stated that children in the area had been throwing things at the man’s house over the preceding days, and that may have been involved in the man’s anger. The man apparently had a warrant recently issued for his arrest on third-degree felony charges involving aggravated assault. He had also had a temporary civil stalking injunction granted against him two years ago.

Mental illness can be a difficult problem for many individuals. We don’t know how this man’s mental circumstances may have affected his behavior in this situation. Hopefully, this man will be able to find good legal counsel. Numerous people suffer from mental illness and that may be taken into consideration at some point in this man’s future. 

If you know someone who needs expert legal defense, contact a Utah criminal defense attorney today. Make sure you find an attorney with a proven track record when it comes to Utah criminal cases. Mental illness is not usually an individual’s fault, and people who suffer from any type of mental illness need assistance, too.

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Utah Men Charged with Attempted Murder

Jul
06
Utah Criminal Defense Blog, on the topic of  Hiring a Lawyer, Utah Crime News
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Two Utah men have been charged with attempted murder after a May 10 shooting at a West Valley City grocery store parking lot. Apparently, the two men were allegedly involved in a drug deal prior to the shooting incident. At the conclusion of the drug deal, several armed individuals showed up and order the shooting victim and another man into one of the armed person’s car. The victim and the other man went to their own car instead. The victim recalls hearing several gunshots and soon realized he had been shot. Police found two shell casings in the parking lot.

In addition to being charged with attempted murder, one of the alleged shooters was also charged with possession of a controlled substance. Attempted murder is a first-degree felony and carries the possible sentence of five years to life in prison. The charge and penalty for possession of a controlled substance depends on the type and amount of the substance.

An important thing to remember is that in Utah, as throughout the United States, people are considered innocent unless they are proved to be guilty. If you take into account that there were a number of people armed with guns present at the time of the shooting, it would be vital to know whose guns the shell casings came from. These men undoubtedly are in need of excellent legal representation.

Remember that every person charged with a crime is entitled to an attorney and should acquire legal advice as soon as possible. There is as much need for defense attorneys as there is need for police and prosecutors. Not knowing what situations you might find yourself in is part of life, but that doesn’t mean you have to leave your future to chance, particularly if it could involve prison.

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How To Hire A Utah Criminal Defense Attorney

Jul
03
Utah Criminal Defense Blog, on the topic of  Constitutional Rights, Hiring a Lawyer
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Hiring a Utah criminal defense attorney does not need to be a difficult process.  Some attorneys may charge a nominal consultation fee to meet with you but bear in mind that paying a large consultation fee is far better than paying a full retainer only to find out later that you have hired the wrong Utah criminal defense attorney.

 When looking for a criminal attorney, look for someone who:

*Has a great reputation in the legal community.

*You feel comfortable with. Remember that simply because an attorney pops up first in a google search it does not mean they are a good attorney

*Identifies the issues in your case and raises those issues in an appropriate, understandable, and compelling way

*Is smart, convincing, and credible

 Be particularly weary of attorneys who promise certain results. Remember that even the best criminal defense lawyers can not guarantee a particular result. An attorney who promises the moon, lacks credibility and is probably not respected by prosecutors, judges, and a future jury.

 Be sure to do research before hiring an attorney. Ask questions such as:

*How many trials they have done in the last year?

*How many cases were dismissed or resolved by a defense   motion?

*Have they repeatedly secured favorable outcomes for their clients?

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Utah Woman Facing Multiple Criminal Charges

Jun
29
Utah Criminal Defense Blog, on the topic of  Hiring a Lawyer, Utah Crime News
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A Utah woman now has several criminal charges stemming from a March 2011 vehicle collision with a deer. According to law enforcement, Brandi Roberts was driving a car in which none of the occupants, mostly children, were wearing seat belts. Her two-year-old son was on the lap of another sibling sitting in the front seat when the car hit the deer. The vehicle’s airbag deployed, killing the two-year-old. Two other children were injured.

Roberts has been charged with the following: possession or use of a controlled substance; reckless endangerment; negligent homicide; failure to use child restraint device and driving with a controlled substance in body. These charges range from an infraction to a class B misdemeanor, two class A misdemeanors and a third degree felony.

Negligent homicide occurs when a person, acting with criminal negligence, causes the death of another. A person who violates this law, when a motor vehicle is involved, is also subject to having his driver’s license revoked. Reckless endangerment is when a person recklessly engages in conduct that creates a substantial risk of death or serious bodily injury to another person.

Any number of criminal charges require the advice of legal counsel. Hire a Utah criminal defense attorney who is experienced in navigating Utah law and who knows the ins and outs of court procedure. Don’t risk your freedom by having an attorney who isn’t an expert in the field of criminal defense. There are many attorneys in Utah, but you need to assure yourself that your attorney is not only competent but capable of defending you vigorously.

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Hit and Run and Aggravated Kidnapping in Utah

Jun
20
Utah Criminal Defense Blog, on the topic of  Crimes, Hiring a Lawyer, Utah Crime News
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When you get into a minor fender-bender in Utah, don’t make the situation worse by leaving the scene and kidnapping someone. That’s exactly what a man did last night in Salt Lake City. After becoming involved in a traffic accident, a man ran away, allegedly held a gun to a cabbie’s head and demanded she take him to another location. The cab driver complied by driving the man to a spot where he left in a vehicle with another person.

Photo: ACEI Cheung

While a minor traffic accident usually involves the exchanging of insurance information and possibly receiving a moving violation, a hit-and-run creates a whole different problem. Prematurely leaving the scene of a motor vehicle accident is a class B misdemeanor. Class B misdemeanors can result in a jail sentence of up to six months. It’s better to take the traffic ticket and move on with your life—without visiting jail.

Additionally, since the perpetrator also allegedly kidnapped the cab driver by putting a gun to her head, that takes the charge from kidnapping to aggravated kidnapping, which is a first degree felony. First degree felonies start at a minimum five years in prison and can carry a life sentence.

As always, your best bet is to think before you act. Don’t compound your problems by taking a simple situation and turning it into something much more complicated. Just in case you forget that bit of advice and find yourself in the middle of legal troubles, call a Utah criminal defense attorney today. Avoid talking to law enforcement and get competent legal advice immediately.

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