Archive for the ‘Humor’ Category

Not My Dog…

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

Befouling Waters in Utah

Utah Criminal Defense Blog, on the topic of  Criminal Defense Misc, Humor
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In 1973, befouling waters in Utah must have been quite a problem because there is a specific law against it on the Utah law books. Under Part 8, Nuisances, befouling waters is a class B misdemeanor if a person engages in some specific behaviors. We’re here to let you know what constitutes befouling waters in case you may be in violation of the law.

Photo: Zim2411

It is illegal for a person to construct or maintain a:

• Corral
• Sheep pen
• Goat pen
• Stable
• Pigpen
• Chicken coop or
• Other offensive yard or outhouse

where any waste or drainage from the above-listed structures shall flow directly into the waters of any stream, well or spring of water used for domestic purposes. It doesn’t end here, however.

You will also be eligible for a class B misdemeanor if you: deposit, pile, unload or leave any manure heap, offensive rubbish or dead animal carcass where the waste or drainage from such items will affect water used for domestic purposes. There’s more to come.

For those of you who like to wash your sheep, be careful where you set up your sheep-bathing location. You are not allowed to dip or wash sheep in any stream that’s close to a stream used by a city or town for domestic purposes. Doing so might make the stream waters impure or unwholesome. That does seem to make sense.

You shouldn’t dip or shear sheep within 12 miles of any city or town where the refuse or filth from the dipping or shearing area would naturally find its way into a stream used by the people of a city or town for domestic purposes. The same applies to cattle, horses, goats or hogs, except you can be a little closer to town—7 miles.

What constituted a problem back in 1973 isn’t too likely such a serious concern today. The average person doesn’t keep sheep or most undomesticated animals, and there are regulations on farming that other agencies are busy keeping tabs on. Also, most people know better than to leave their dead animal carcasses just lying about.

However, just because this is a relatively obscure law doesn’t mean that you couldn’t be charged with a crime. If you have farm animals, keep them from befouling waters and save yourself from a run-in with law enforcement. That goes for your family members and any outhouse you have, too. Remember that we’re available to help if you have any problems or concerns with any criminal charges you’re facing, no matter how messy they may be.

Speeding Utah Driver Requests Police Stop Pursuit

Utah Criminal Defense Blog, on the topic of  Dealing with Police, Humor
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If you’ve ever been pulled over by law enforcement for a speeding violation, it may not have occurred to you to ask the police officer to leave you alone. Don’t worry, we’re sure that thought hasn’t occurred to most people. A Park City man did call police dispatch during a 30-mile chase, however, to make that request.

Speeding and Eluding Police

Photo: Cory Doctorow

Apparently the man was speeding, and when a deputy attempted to pull the guy over, he didn’t comply and kept going. At some point during the fairly lengthy chase, the man called police dispatch and told them he wasn’t going to stop and to please just leave him alone. At some point, the driver’s father also called dispatch to tell the police that his son had called him as well. The dad said that he, too, requested his son stop, to no avail.

If All Else Fails, Put the Tire Spikes Out

Finally, law enforcement decided to put tire spikes out to end the chase, but the driver did stop short of the spikes and was taken into custody. The driver’s family told police that he had been having trouble with his girlfriend and was distressed. In spite of his personal circumstances, the man was arrested and booked into jail while under investigation for failure to stop for police and speeding.

Consequences

Failure to stop for police is a class A misdemeanor, and carries a potential jail sentence of up to one year. Exceeding the posted speed limit by 11-20 miles per hour is considered an intermediate violation and is normally subject to a fine and possible points assessed against the violator’s driving record.

Consult a Utah Criminal Defense Attorney

This situation seems like it was likely not a normal day for the accused, so hopefully he will have a good attorney who can help him get through the legal red tape. We’re not advocating speeding and/or eluding police, but sometimes law enforcement and the courts need to think outside the box when it comes to doling out punishments.

Luckily, no one was injured during this incident, and the driver has probably learned a good lesson. We can all take this message to heart: don’t get behind the wheel of a car if you’re upset, emotional or volatile. Wait until you’re in control. Keep yourself and others safe.

Potential Kidnapper Thwarted by Rocks

Utah Criminal Defense Blog, on the topic of  Humor, Utah Crime News
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An alleged kidnapper was taken off guard when the 10-year-old girl he grabbed fought back. A 33-year-old man reportedly approached the girl, who was with her sister and cousin, asking if she wanted some candy. When the girl declined the candy, the man grabbed her. She apparently didn’t want to go along, so she bit him. Meanwhile, her two companions began throwing rocks at the man and didn’t stop until he ran away.

Photo: nicoleleec

The 10-year-old was able to describe some of the man’s tattoos to the police, and later all three girls identified the man in a police line-up. The alleged kidnapper has been charged with attempted child kidnapping, which unfortunately for him, is a first-degree felony.

Luckily for the girl, she was a quick thinker and didn’t fold under pressure. Her fast-acting family also helped save the day with the help of some nearby rocks. Sometimes people underestimate children, but think about it: kids are pretty in tune with what’s going on in today’s world and have as strong a will to survive as do adults.

If you’ve run afoul of the law, make sure that you keep your will to survive strong by hiring the best attorney you can. There’s no reason to let your mistakes follow you around for life. Contact a Utah criminal defense attorney who will fight for your rights and make sure that your side of the story is known. Even if you’ve done wrong in the past, with the right help you can make a clean start and live a good life.

Attempted Murder Using Peach Smoothie in Utah

Utah Criminal Defense Blog, on the topic of  Humor, Utah Crime News
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Creativity abounds everywhere, even by folks who are trying their hand at murder. Selena Irene York is currently sitting in an Oregon jail on a fugitive hold from Utah after recently pleading guilty to multiple identity theft and fraud charges in Oregon.

The History

Photo: Sara

York is accused of the attempted murder of Ed Zurbuchen, her former landlord in Vernal, Utah. In 2008, she allegedly purchased three smoothies from one location and a gallon of antifreeze from another location. The allegations state that she returned home and poured out half of one smoothie and had her teenage daughter fill the cup back up with antifreeze. York supposedly then gave the antifreeze-laced drink to Zurbuchen, who was later taken to a local hospital apparently suffering from a stroke. It was later determined that Zurbuchen had been poisoned.

Result of a Guilty Verdict for Attempted Murder

York is expected to be back in Utah in the next couple of weeks to face the attempted murder charge awaiting her, a second-degree felony. In Utah, a guilty verdict on an attempted murder charge can send a person to prison for 15 years.

The Right Time to Hire an Attorney

First and foremost, the best course of action is not to attempt to murder anyone. However, some folks will ignore this advice and find themselves in a bad spot with law enforcement, anyway. If you are in legal trouble, you need to get competent legal representation immediately. Don’t settle for an average attorney, though. Hire an experienced Utah criminal defense attorney who has a proven record and reputation for defending his or her clients with vigor. Now is not the time to sit back and wait to see what happens. You should take care of yourself and make certain that your rights aren’t trampled on. Contact an attorney today.

Careless Driving in Utah

Utah Criminal Defense Blog, on the topic of  Humor, Utah Law
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Did you know that you are guilty of careless driving, a class C misdemeanor, in Utah if you are shaving or putting on mascara while operating a motor vehicle and you commit a moving traffic violation other than speeding? (Speeding has its own consequences.) Although that may seem obvious to a lot of people, it may not be so evident to the man or woman who is attending to their personal hygiene on the way to work tomorrow.

Photo: Marc Flores

The problem with grooming yourself while driving is not just the possible side effects that may happen to you, but the potential accident waiting to involve other innocent drivers and bystanders you may literally come in contact with. The same can be said for those pesky cell phones. If you commit a moving traffic violation while using a wireless telephone or other electronic device, unless you are using a hands-free or listening-free feature, you may be sitting in a jail cell for up to 90 days.

Another situation to avoid while driving is becoming distracted while searching for an item in your vehicle. Again, you’ll likely be charged with a class C misdemeanor if you are caught searching while you make a traffic violation.

If you are convicted of any of these careless driving crimes and your actions result in the death of another person, you may also have your driver’s license revoked by a judge.

One bit of advice we can pass on is the easiest: keep your hands on the wheel and your eyes on the road—somebody out there cares about you and wants you to come home tonight. Our other advice is to call a Utah criminal defense attorney if you have been charged or may be charged with a crime in Utah. Nobody’s perfect. That’s why there are people who will help you with any legal situation, no matter the size, at a moment’s notice. Call an attorney today.

Burglary and Food Theft in Utah

Utah Criminal Defense Blog, on the topic of  Humor, Utah Crime News
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If you’re going to commit burglary and theft in Utah, don’t leave your personal items behind when you exit the premises. It appears that a Utah man broke into a neighbor’s home in Kearns and helped himself to at least $100 worth of food. The man must have been rather hungry to eat enough food to total $100. On top of the theft of food, when the alleged burglar left the scene of the crime, he also left a duffel bag and some clothing. Between neighbors and the homeowner, both the clothes and the bag (which had a name similar to that of the alleged thief) were identified as belonging to the man.

Photo: Philip Brewer

The man was arrested and charged with burglary and theft. Burglary is a second-degree felony and is punishable by 1-15 years in prison. Theft is a class B misdemeanor and carries a potential penalty of up to six months in jail.

With today’s volatile economy, many people are finding themselves somewhat down and out when it comes to finances. If you’re out of food, though, think twice before breaking into your neighbor’s home. Utah has a fair amount of food banks that will be more than happy to give a needy individual some much needed sustenance. That’s got to better than the meals you’ll get if sent to jail.

On the other hand, if you’re simply too exhausted to go to the grocery store, call your neighbor instead of stealing his food. He’ll likely pick up some milk and bread for you when he goes to the store himself. We don’t know this alleged burglar’s personal situation, but we do know that there are options available to people who need help. If you find yourself in need of legal help, hire an experienced Utah criminal defense attorney. He or she spent at least seven years in school to assist people just like you. Don’t leave your situation to chance. Call an attorney today.

Utah Man Arrested for Public Intoxication and Trespass

Utah Criminal Defense Blog, on the topic of  Alcohol in Utah, Humor
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Over the weekend, a Utah man was arrested for public intoxication and misdemeanor trespass after he decided to visit a couple of houses. Unfortunately for the man, neither homeowner knew him or invited him into their homes, hence the trespass charge.

Photo: Ben Zvan

Interestingly, the intoxicated man entered both homes through unlocked doors. Now, keeping your doors unlocked may work great in case you forget your key, but you should give that a second thought. If you can get into your home without a key, so can anyone else, and Salt Lake City is no place to have uninvited visitors—whether you’re home or not.

After the first homeowner told the man to leave, the man went to a neighbor’s home, entered the home and barricaded himself in a bedroom. That homeowner was alerted to a problem by her barking dogs, and after she realized someone was in the bedroom she called police. It took a police K-9 to get the man under control so that the officers could remove the man from the premises.

A similar incident occurred a couple of weeks ago in Layton when an intoxicated teenager took the screen off a window in a home, climbed in the window and fell asleep on the bed in the room. That bed was not empty, however. There was a 9-year-old girl asleep in the bed. Her parents discovered their uninvited guest and called police; fortunately, the girl was unharmed.

First, lock your doors and windows or take a chance on having an unknown houseguest, or worse: an uninvited bed-mate.

Second, if you’ve had too much to drink and didn’t find out until you sobered up in a jail cell, never fear. Aside from the personal help that is available to you from therapists, there is legal help as well. Utah has some excellent criminal defense attorneys who are trained to handle any type of legal situation you may be in. Call an attorney and put your life back on the right path.

Utah Parents: It Is A Crime To Bully the Bully

Utah Criminal Defense Blog, on the topic of  Crimes, Humor
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Typically when we hear the word “bullying” we think “Kids on playground pushing other kids around” but we might want to rethink this definition of bullying.  Parent James Jones of Orlando, Florida was sick of watching his 11 year old daughter get bullied around and the school wasn’t doing anything about it. James got on the school bus and threatened the boys who bullied his daughter, saying, “I’m going to [expletive] you up,” and “This is my daughter, and I will kill the [expletive] who fought her,”. Mr. Jones was not finished. He was on a roll and then threatened the bus driver: “If anything happens to my daughter I’m going to [expletive] you up and everybody on this [expletive]”.

Jones was charged with two misdemeanor charges of disorderly conduct and disturbing a school function, which is punishable by up to four months jail.

In Utah, in addition to threats there is the offense of Criminal Trespass Upon School Property, a class B Misdemeanor.

A person is guilty of criminal trespass of school property if the person does the following:

Enters or remains unlawfully upon school property and intends to cause annoyance or injury to a person or damage to school property, or commit a crime or is reckless as to whether the person’s presence will cause fear for the safety of another.