Archive for the ‘Humor’ Category

Cabin Burglar On the Loose

Utah Criminal Defense Blog, on the topic of  Hiring a Lawyer, Humor
0comment

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.

Happy Holidays from the Utah Criminal Attorneys at Clayton Simms!

Jesse Nix, Utah Criminal Defense Lawyer, on the topic of  Humor
0comment

Our holiday card tells the oft-forgotten story about Santa: he is falsely accused of crimes he doesn’t commit.  He sneaks into homes every year to deliver presents, not to commit burglary.  He loves to spread holiday cheer, not vandalize and graffitti private property.  Our card really shows that everybody, even Santa, needs a good criminal defense attorney. Happy Holidays!

Click on the photo to enlarge.

Burglary with Sharpie and Steak Knife in Utah

Utah Criminal Defense Blog, on the topic of  Humor, Utah Crime News
0comment

The odds are good that most people who intend to commit burglary don’t take along a Sharpie marker in order to write a note. That’s exactly what Fidencio Ulibarri recently did when he allegedly burgled an apartment in Salt Lake City.

Photo: Just Jefa

Don’t Forget Your Sharpie

Ulibarri was standing in front of an apartment whose occupants were out of town when a neighbor noticed him. Ulibarri reportedly told the man that he was a police officer, but the man didn’t believe him.

While the neighbor called the police department, Ulibarri supposedly picked the door lock of the unoccupied apartment. When police arrived, they noticed that the apartment’s door had a reference to being investigated by police on it written with a marker. Police discovered the Ulibarri was in the apartment, allegedly holding a bag of jewelry he’d gathered. The suspect had also written another note with a marker saying that he was there as part of a police investigation.

When police arrested Ulibarri, they found him in possession of a steak knife as well as a Sharpie marker. Ulibarri has previously been arrested for impersonating a police officer. He is currently under investigation for burglary, impersonating an officer and possession of a weapon by a restricted person.

Potential Charges

Burglary committed in a dwelling is usually a second-degree felony. Impersonating an officer is a class B misdemeanor, while possession of a weapon by a restricted person can be a class A misdemeanor or a third-degree felony depending on the type of restrictions placed on the individual.

If you’ve ever pretended to be someone else, you’re not alone. However, law enforcement doesn’t take impersonating a police officer lightly. Don’t think that you’re beyond the reach of amendment, though, whether you’re being investigated for burglary or attempted murder. There are criminal defense attorneys in Utah who are willing to help you sort through your legal problems. Call an attorney immediately and get your life back on the right track.

Aggravated Assault Over Naptime

Utah Criminal Defense Blog, on the topic of  Humor, Utah Crime News
0comment

Committing aggravated assault at anytime will likely land you in jail, even if it occurs over a friend playing Goldilocks in your bed.

Photo: The Consumerist

Who’s That Lying in my Bed?

A Utah man was arrested following a shooting incident outside his home. A friend came to visit the man and at some point had a rest in his bed. The man became angry with his visitor and asked him to leave. The friend complied, but that wasn’t the end of the problem.

The man allegedly followed the friend outside and pointed a gun at him. After a verbal exchange, the man shot his friend in the shin and went back into his house. Police arrived, the friend was transported to the hospital and the man was arrested. He’s been charged with aggravated assault, which is a second-degree felony.

What is Aggravated Assault?

A person can be charged with aggravated assault if he uses a dangerous weapon while committing assault. Aggravated assault is generally a third-degree felony unless it results in serious bodily injury, in which case the charge is a second-degree felony. A second-degree felony can carry a prison sentence of 1-15 years.

With the holiday season upon us, it’s important to remember that even though many people love this time of year, it can also be a time of frustration and raised tempers as you associate with family and friends. Try to keep your cool when you’re in the midst of merry-making, particularly if you don’t feel too merry.

Call an Attorney if You’re in Trouble

As always, people can commit acts that are entirely out of character when they become angry. If you’ve experienced this and are facing criminal charges, don’t hesitate to contact a Utah criminal defense attorney. You’ll be glad you did.

Outdated Utah Laws

Utah Criminal Defense Blog, on the topic of  Humor
0comment

Photo: Beatrice Murch

We’ve had a bit of fun in the past keeping you up-to-date on Utah laws that are out-of-date. Here are some other Utah laws that haven’t changed since 1953.

A city may regulate all social clubs, recreational associations, athletic associations and kindred associations which have club rooms or regular meeting rooms.
• The chain-gang law: a municipality may enact an ordinance specifying that city or county jail inmates shall be required to work for the city for up to eight hours a day as a punishment or to repay a fine.
• A city has the power to prevent bell ringing, horn and bugle blowing, auctioneer crying and other noises. It doesn’t matter whether the noise is business or amusement related. In other words, put your bells and bugles away or enjoy them in the privacy of your home.
• Public processions and demonstrations that may interfere with traffic or cause disorder can be regulated, too. What will happen if the Olympics come back to town?
• A municipality may prohibit, except as provided by law, any person from knowingly having intoxicating liquor in his possession.
• Vagrants, mendicants and people without means of support may be arrested and fined or put to work on the streets or elsewhere. Just in case ‘mendicant’ isn’t in your day-to-day vocabulary (we didn’t know what it meant either), we looked it up. A mendicant can be a member of an order of friars who begs for a living or a regular beggar. The friar-beggar problem must have been out-of-control in 1953.

If you run into any legal situation from failing to adhere to these or other laws, call a Utah criminal defense attorney. We don’t care if you were blowing your horn or are a mendicant, criminal defense attorneys are available to help you.

Burglary and Attempted Theft of ATM

Utah Criminal Defense Blog, on the topic of  Humor, Utah Crime News
0comment

A not-so-dynamic duo failed miserably in their recent attempted theft of an ATM at a convenience store in West Valley City. Jesus Frias and an unnamed 17-year-old male were arrested for investigation of burglary after a witness of the event contacted police.

Photo: Ralf Peter Reimann

Frias and the juvenile allegedly backed a truck through the glass doors of the convenience store and tried to extract the ATM by tying a rope around it. Police believe that the two were unaware of how heavy the ATM was until the rope snapped. Nevertheless, the men were not easily deterred.

Surveillance cameras recorded the men’s efforts to pry the ATM open with crowbars, apparently after realizing they wouldn’t be able to take the machine with them. Despite their best efforts, the machine failed to yield any cash. The men took off in the truck and were later apprehended.

Burglary and Attempted Theft

Under these circumstances, the men may be charged with burglary because a person is guilty of burglary when they enter a building intending to commit theft. Burglary is a third-degree felony unless it’s committed in a home. In that case it would be a second-degree felony.

Barring any previous theft convictions, a person would be guilty of a second-degree felony if the value of the property exceeds $5000. Burglary with intent to commit theft is usually a second-degree felony.

Leave ATMs Alone

This incident can teach all of us a valuable lesson. Don’t try to steal an ATM. The odds are good it won’t work and it is a crime.

If you’ve already broken Utah law, however, it’s not too late to get an attorney. Call a Utah criminal defense attorney and let him help you with your case. No matter what you’ve been accused of, you deserve to be represented by a practiced Utah criminal attorney.

Halloween Night Crimes Keep Utah Police Busy

Utah Criminal Defense Blog, on the topic of  Crimes, Humor
0comment

If you think Halloween is just for the kiddos, think again. Halloween night crimes kept Utah police on their toes, even though there wasn’t a full moon that evening.

A Gorilla Stole My Ipod

Photo: Melvin Schlubman

Two men reported being robbed by a gorilla Monday night. The costumed robber was accompanied by three other men, and the four thieves got away with an Ipod, some jewelry and a wallet, but not before assaulting the two men as well.

Who Ordered the Chainsaw?

Shortly before the incident involving the gorilla-man, another person was allegedly attacked by a masked man wielding a chainsaw. Police stated that the victim had a deep cut on his arm from being cut by the chainsaw. Law enforcement is stilling looking for the alleged perpetrators in both instances.

Don’t Take Your Knife Trick-or-Treating

The same Halloween night in West Valley, a woman was cut across the face by a man wearing a mask when she opened her front door thinking there were trick-or-treaters waiting for her. There weren’t any treats involved, just an unexpected assault. The woman’s cut was taken care of at a local hospital.

Man Gets Shot on Halloween Night

Unfortunately, there was another problem in West Valley on Halloween. A man answered his front door and took two bullets for his trouble, one in his arm and another in his stomach. Police think that this was not a chance situation, that there may have been some type of relationship or knowledge between the victim and his attacker.

Even though these folks likely did not foresee these events happening to them, you can take some simple precautions when you’re out at night or even answering your door, whether it’s Halloween night or not.

Safety Tips

• Don’t go out alone. There usually is safety in numbers (unless you’re with a buddy and accosted by a gorilla.)
• Stay in busy, well-lit areas. If you think a particular location may be dangerous, go with your gut—it probably is.
• Look around you when going to your car. Be aware of your surroundings and anyone else in the vicinity.
• Protect yourself when answering your door by looking out a window first or even installing a peek-hole.
• Keep an eye on your kids. Don’t smother them, just mother (and father) them.

We’re approaching the holiday season, so these tips can come in handy now, as well as any time of the year.

If you’ve been a victim, get help. If you’re an accused person, you need help, too. Don’t compound your troubles by trying to navigate the criminal justice system alone. You will benefit from the advice of a competent, experienced Utah criminal defense attorney. Take the time to make the phone call that just may get you back on the right track.

Utah Marijuana Grow Near Shopping Mall

Utah Criminal Defense Blog, on the topic of  Humor, Utah Crime News
0comment

Finding a field of marijuana anywhere is usually a coup for law enforcement, but how often do you hear of a marijuana grow located within 1,000 feet of a busy shopping mall?

There’s a Marijuana Grow Across the Parking Lot?

Photo: r0bz

In August, police were alerted by an unnamed person to a field near the South Towne Mall in Sandy. The field was the site of about 50 marijuana plants and other gardening tools. They conducted surveillance, which paid off when two men were spotted entering the field. One man left the area carrying something heavy, which later turned out to be a container loaded with marijuana plants.

Growing Pot Eventually Brings Trouble

Law enforcement went into where the marijuana grow was located and found the second man. Both men were arrested and charged with production of a controlled substance, a first-degree felony. If the allegations are proved to be true, the men could face five years to life in prison.

Marijuana Grows Aren’t Just in the Mountains

Just when you think marijuana grows are huge productions hidden in mountain areas, someone comes along and proves that they can grow pot practically anywhere. Presumably, that makes the marijuana grow a little easier to find, though.

As Always, Avoid Drugs

The bottom line is: don’t grow marijuana and definitely don’t use it. Growing it or using it will bring long-term problems, not the least of which will send you to prison.

Let an Attorney Help You

We want to assure you, however, that there is a Utah criminal defense attorney who will be able to help you if you ignored the previous advice. Keep your options open by having an attorney who will speak and act for you.

Not My Dog…

Utah Attorney, Brooke Winters, on the topic of  Crimes, Criminal Defense Misc, Humor, Utah Law
0comment

Animal Control Utah Animal Nuisance Ordinance

Most animal control agencies are controlled by local city ordinances when it comes to nuisance animals. What is a nuisance animal? Most ordinances include language defining the offense as one of the following: makes disturbing noises, included, but not limited to, continuous and repeated howling, barking, whining, or other noise which causes unreasonable annoyance, disturbance, or discomfort to neighbors, or others, barks, whines, howls, or makes other disturbing noises for an extended period of time, which by barking, howling or yelping disturbs the peace and quiet of any neighborhood or person, or barks, whines, or howls or makes other disturbing noises in an excessive, continuous, or untimely fashion.

Usually when animal control agencies receive a complaint for a nuisance animal they usually try to contract the animal owner in an attempt to resolve the situation but it can ultimately turn into a citation for the animal owner. If convicted under a nuisance animal ordinance you could be faced with fines, probation or even under more extreme circumstances altering your animal (debarking) or possibly even surrendering your animal.

Obviously this can be a very stressful situation for not only the animal owner but also the neighbors who are affected by the disturbance. Trying to prevent the problem is the best course of action not only to protect you from possible prosecution but also from neighbors who might try to take the law into their own hands.

Bus Safety in Utah

Utah Criminal Defense Blog, on the topic of  Humor, Question
0comment

Bus safety may not be so important to automobile drivers, but to the people who use buses, laws regarding bus safety are vital—even if some of those laws are a bit dated.

What is a Bus?

Photo: Oran Viriyincy

By definition, a bus is a passenger bus, coach or other motor vehicle that can seat 15 or more passengers. Such a bus can be operated by a bus company and includes the transit vehicles of a public transit system.

Bus Safety Issues

You could probably guess that it is illegal to hijack a bus or commit assault with the intent to hijack a bus, but in case you didn’t know that, the state of Utah has clearly detailed what entails a bus-hijacking in the Utah code. If a person seizes or exercises control of a bus within Utah, that person will likely be charged with a first-degree felony. If a person attempts to gain control of a bus by threat, intimidation or violence, that individual may be charged with a second-degree felony.

If you want to carry a concealed weapon on board a bus, you’d better have a concealed weapons license or have the permission of the owner of the bus, or you’ll be guilty of a third-degree felony.

Also, you should avoid shooting a gun or hurling a missile at or into any bus or bus terminal unless you want to be charged with a third-degree felony. That would seem to create a bus safety issue. However, if you are peace officer or security personnel, you can shoot a gun or hurl a missile at or into a bus or terminal if you do so as part of your job.

You had better leave your alcohol, smoking implements and bad language at home when you take a bus ride. Someone who violates this law may be ejected from the bus by the driver and any passengers who are requested to assist in the removal of the individual.

The code states that a person who steals baggage or cargo from a bus or bus terminal will be guilty of theft. You’d think that goes without saying, but you never know when someone just doesn’t understand that taking someone else’s belongings, no matter where they are, will generally always be stealing and will bring legal woes.

A word to the wise: don’t try to obstruct the operation of a bus. If you use force, intimidation or violence to obstruct or impede a bus, you could be charged with a class C misdemeanor. Additionally, conspiring with another person to obstruct the operation of a bus will make you both guilty of a class C misdemeanor.

A Utah Criminal Defense Attorney Can Help

If after these warnings and suggestions you still have bus-related legal problems, or any criminal issues, hire a qualified Utah criminal defense attorney. Allow him to advise you and represent your interests in court where he has the education and expertise. He can help you in your time of need.