Archive for the ‘Legal Process’ Category

Wonderful Passage from the Federalist Papers Attacking Vague Criminal Statutes: Have a Happy 4th of July!

clayton, on the topic of  Legal Process
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It will be of little avail to the people, that the laws are made by men of their own choice, if the laws be so voluminous that they cannot be read, or so incoherent that they cannot be understood; if they be repealed or revised before they are promulgated, or undergo such incessant changes that no man, who knows what the law is to-day, can guess what it will be to-morrow. Law is defined to be a rule of action; but how can that be a rule, which is little known, and less fixed?

James Madison, Federalist No. 62, February 27, 1788

What information is on Utah’s Sex Offender Registry?

Jesse, on the topic of  Legal Process, Utah Law
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Utah’s Sex Offender Registry is called SONAR (Sex and Kidnap Offender Notification and Registration).

It will list the following details:

  • Name
  • Aliases you use or have used
  • Physical Description Information
    • Current photo of offender
    • Age
    • Sex
    • Race
    • Hair
    • Height
    • Weight
    • Eye Color
    • Scar/Tattoos
  • Address and Other Known Addresses
  • Professional Licenses
  • Type of vehicle offender drives
  • Information on the crime that offender was convicted
    • Description of offense
    • Date convicted
    • Date released from prison
    • Details about offense
    • (Victim information is not listed)

Utah law states that “members of the public are not allowed to use the information to harass or threaten offenders or members of their families; and harassment, stalking, or threats against offenders or their families are prohibited and doing so may violate Utah criminal laws.”  Utah Code Section 77-27-21.5(24)(b-c).

If you are on Utah’s Sex Offender Registry and someone is harassing you, call the police.  If the police are unresponsive due to your status as a sex offender, call a qualified attorney that can help protect you from harassment.

Permit and Permisssion needed to Express your freedom of expression in Salt Lake City

Jessica, on the topic of  Constitutional Rights, Legal Process, Utah Law
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Salt Lake City Free Expression Permit Application

Salt Lake City Free Expression Permit Application

A demonstration is planned to support activist Jordan Halliday’s right to picket on public sidewalks. However, in order to legally protest the prosecution of this high profile protester (who is accused of violating residential protesting ordinance) a permit is needed. A permit is needed for a form of free expression in Salt Lake City. The “Free Expression Permit Application” only has a fee of $5.00. That doesn’t seem to be a FREEdom anymore.

Ben Roethlisberger’s Big Night Photo Evidence Released

Jessica, on the topic of  Crimes, Legal Process
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photo: Georgia Bureau of Investigation Evidence

photo: Georgia Bureau of Investigation Evidence

Ben Roethlisberger was accused of rape in a Georgia nightclub earlier this year but he was able to afford a very successful criminal defense attorney who had the charges dropped. Big Ben’s career is no longer in jeopardy because of this. However, if Ben went to trial and was found not guilty, he still may have had further sanctions by the NFL and/or his sponsors. A trial by jury is a more serious matter then simple sexual assault charges that are not deemed viable by a court of law. The Georgia Bureau of Investigation released photographic evidence of his night, and video from the night as well as the investigation can also be seen here.

U.S. Supreme Court Rules that Non-citizens have a Sixth Amendment Right to Effective Criminal Defense Counsel

Jessica, on the topic of  Constitutional Rights, Legal Process
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The United States Supreme Court overturned a ruling of the Kentucky Supreme Court, stating, “Because counsel must inform a client whether his plea carries a risk of deportation, Padilla has sufficiently alleged that his counsel was constitutionally deficient. Whether he is entitled to relief depends on whether he has been prejudiced, a matter not addressed here.” (Padilla v. Kentucky, 2010). Josè Padilla is a longtime legal resident of Kentucky and a Vietnam Veteran who never applied for U.S. citizenship. He pled guilty to drug-distribution charges and faced deportation. His attorney failed to inform him that his plea could easily be paired with automatic deportation, and eventually falsely claimed this his extensive residency in the U.S. would prohibit this from happening.  Padilla allegedly would not have entered a guilty plea and proceeded to trial if he was aware of the strong possibility of deportation. His case was brought before the Supreme Court of Kentucky alleging a Sixth Amendment infringement for the failure to have effective counsel; he was shot down. Fortunately the United States Supreme Court saw the importance of the matter and heard the case, overturning the Kentucky ruling. The U.S. Supreme Court ruled that deportation of a person living lawfully in the US is definitely a serious enough matter that when connected to a criminal plea it must be explained and understood by the defendant. Padilla’s lawyer was incorrect in his advice as the consequences of Padilla’s please could be read in the removal statute. If you are not a legal resident of Utah, or are lacking citizenship you should obtain the best lawyer possible when being charged in a criminal court so you will not receive poor legal advice and be taken advantage of as Josè Padilla was.