Archive for the ‘Utah Crime News’ Category

Lewdness Involving Children in Utah

Utah Criminal Defense Blog, on the topic of  Hiring a Lawyer, Utah Crime News
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Two former camp counselors are charged with committing lewdness involving children in Utah. Jordan Corliss has been charged with three class A misdemeanor counts of lewdness involving a child and one class B misdemeanor count of lewdness. Samuel Olsen is facing four counts of lewdness involving a child, class A misdemeanors.

Photo: florisla

The 18-year-old men were counselors at the Foundation for Children and Youth with Diabetes Camp until this incident, which allegedly occurred on the last day of camp. The men have been informed that they are not invited to return to the camp.

The Allegations

Two of the allegations are that the counselors used sexual language and terminology in front of the campers and that one of the men stood naked in front of campers. Reports state that most of the campers were 13-year-olds.

What Constitutes Lewdness Involving Children

Lewdness involving children occurs when someone intentionally or knowingly does any of the following in the presence of a child who is under 14 years of age:

• Performs an act of sexual intercourse or sodomy;
• Exposes his or her genitals in a public place or a private location;
• Masturbates;
• Causes a child under 14 to expose his or her genitals, anus or breast; or
• Performs any other act of lewdness.

Penalties for Lewdness Involving Children

Lewdness involving children is a class A misdemeanor, such as the two young men were charged with, unless the person charged is a sex offender or has been previously charged with this crime. In those cases, the charge would be a third-degree felony.

One of the camp’s founders, who has known the young men for more than 10 years, stated that the counselors have never been written up, put on probation or been through the camp’s disciplinary process prior to these allegations.

Get the Legal Help You Deserve

Hopefully these two men are receiving excellent legal counsel. They are innocent unless proven guilty, and they have the right to be defended vigorously. Anyone who has been charged with a crime should hire an experienced Utah criminal defense attorney. Don’t leave your fate in the hands of law enforcement. Call a Utah criminal defense attorney today.

How Utah Plays a Key Role in Drug Smuggling

Utah Attorney, Brooke Winters, on the topic of  Crimes, Criminal Defense Misc, Drugs in Utah, Utah Crime News
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Earlier this week Arizona officials broke up a massive drug smuggling ring which was responsible for moving more than $33 million dollars worth of drugs through the state’s western desert every month.

Utah is no stranger to drug smuggling activity as millions of dollars worth of drugs are carried through Utah every day and according to the Utah Highway Patrol, who are largely responsible for monitoring smuggling activities, say that drug smuggling is on the rise.

On of the reasons Utah is so attractive to drug smugglers is the I-15 corridor and other long interstate systems which connects Utah to numerous other states including Arizona.

Utah Highway Patrol troopers are specially trained to look for indicators consistent with people transporting illegal drugs. Those indicators include vehicles which aren’t registered to the person driving the car, the driver is unemployed, and the trips involve long distances within short periods of time but mostly discrepancies in the stories told to the investigating trooper.

Smugglers will go to great lengths to hide the drugs they are carrying including creating secret compartments within the vehicle. Troopers have discovered drugs concealed in the dashboard, spare tires, and the gas tank.

Drug smuggling is an enormous problem in Utah and carries with it serious consequences. Depending on the schedule and quantity of illegal drugs found, smugglers could face a minimum of a $250,000 fine and 5 years in prison.

Utah Marijuana Grow Near Shopping Mall

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

Attempted Murder During Yard Work in Utah

Utah Criminal Defense Blog, on the topic of  Hiring a Lawyer, Utah Crime News
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Most people aren’t normally worried about a neighbor committing attempted murder on them while they’re working in their yard. Unfortunately, a Utah man doing yard work was shot at by his neighbor and hit twice during what police are calling an attempted murder.

What Prompted the Attempted Murder?

Photo: Mike Finkelstein

Law enforcement isn’t sure what prompted Michael Selleneit to allegedly shoot repeatedly at his next door neighbor yesterday. Selleneit has apparently made many severe accusations against his neighbor over time, but police stated that there aren’t any suggestions that the accusations are true.

The victim was seriously injured in the shooting. Police stated that Selleneit is believed to be the shooter and will be booked into jail on attempted murder charges. Also, Selleneit is not supposed to be using firearms, a consequence from past criminal activity.

Hopefully, the victim won’t die from his injuries. A loss of life is never a good thing, especially for the victim and his family. This situation does make you wonder what was going through the alleged shooter’s mind at the time of the incident. If Selleneit is indeed the shooter, he will be in need of a very good Utah criminal defense attorney.

Possible Legal Consequences of Attempted Murder

Attempted murder is a generally a first-degree felony and carries a potential penalty of three years to life in prison. Murder can be a first-degree felony or a capital offense, depending on the circumstances surrounding the crime, and the penalty can vary considerably depending on the case’s outcome.

Protect Yourself by Hiring an Attorney

We don’t know any more particulars of the situation at this point, but we do know that anyone accused of a crime should engage legal counsel on his or her behalf. Law enforcement will be looking for someone to shoulder the blame, so you should look for a criminal defense attorney who will do his best to stand up for your rights.

You don’t have to be facing an attempted murder charge to hire an attorney. You need to protect yourself by having a Utah criminal defense attorney who will provide you with a vigorous defense, regardless of the charges against you.

No Idling in Salt Lake City

Utah Attorney, Brooke Winters, on the topic of  Criminal Defense Misc, Question, Utah Crime News, Utah Law
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The cold weather is almost upon us but if you are thinking of staying in your idling vehicle to keep warm you better think again. In an effort to reduce vehicle emissions which contribute to Utah’s poor air quality, Salt Lake City has passed one of the strictest anti-idling ordinances in the nation.

The new law has a six month grace period giving the public time to become informed but once strictly enforced the penalties will be great. For the first offense violators will receive a simple warning however a second offense carries a $160 fine and a third $210.

In an effort of fairness and compromise, there are exceptions for restaurants with drive up windows and drive up banking. In addition there won’t be any penalties if caught idling when the temperatures are greater than 90 degrees or lower than 32 degrees. The ordinance in its current form is targeting certain idling hot spots, specifically cars idling in front of homes, schools and businesses. Currently the city will not be enforcing the anti-idling ordinance for vehicles parked in driveways but that could change in the future.

Harm + Animal = Crime! Utah Man Charged with Cruelty to Animals

Utah Attorney, Brooke Winters, on the topic of  Crimes, Criminal Defense Misc, Utah Crime News, Utah Law
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In Utah it is a crime to harm an animal. A conviction involving cruelty to animals can lead to fines and up to a year in jail. Utah statutes define animal as a live, nonhuman vertebrate creature, but animals raised for agricultural purposes and wildlife are excluded from the definition. A person is guilty of cruelty to animals if the person intentionally, knowingly, recklessly, or with criminal negligence fails to provide necessary food, care, or shelter for an animal in his custody, abandons an animal in the person’s custody, transports or confines an animal in a cruel manner, injures an animal, or causes any animal to fight with another animal for amusement or gain. A violation, if committed knowingly or intentionally is a class B misdemeanor and a class C misdemeanor if committed recklessly or with criminal negligence. Although animal cruelty statutes have gained more attention in recent years, Utah is one of nine states who do not have felony provisions for torturing certain animals. Worst case scenario is a class A misdemeanor should there be certain aggravating factors which amounts to up to a year in jail and a $2,500 fine.

Last year, the Utah legislature proposed an amendment to the current animal cruelty laws which would have made it legal for citizens in unincorporated areas of Utah to use “reasonable judgment” in the humane disposal of feral animals however this amendment did not pass the Senate. It remains illegal to shoot and kill feral animals.

Recently, a Utah man was charged under the cruelty to animals statute for eating a live baby rat. Andy Ray Harris ate the rat on a dare and posted video of the event on his Facebook page. Prosecutors argued the rat deserves protection and was killed in a way which was not acceptable. However, Harris says it was not animal cruelty as the rat would have been eaten by a snake and rats are not considered pets but pests. Ultimately charges against Harris were dismissed.

Gas Theft Abounds in Spanish Fork

Utah Criminal Defense Blog, on the topic of  Utah Crime News
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If gas theft hasn’t been a big concern for you, you’re not alone. Unfortunately for several vehicle owners in Spanish Fork, Utah, gas theft has become an expensive problem and costs more than just the stolen fuel—the vehicle owners are facing big repair bills.

Where’d My Gas Go?

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Over the past week and a half, the gas has been siphoned out of around a dozen large vehicles in the Spanish Fork area. According to reports, the gas thefts have focused on vehicles with poly plastic gas tanks instead of steel gas tanks. Law enforcement noted that the thieves are drilling two holes so that the gas flows out quickly. The expense for the vehicle owners comes from the cost of replacing the gas tanks, which can run in the neighborhood of $400-$500.

Police mentioned their concern for people’s safety with gas flowing down driveways and into streets. The gas thefts could cause more serious issues if a vehicle or structure catches on fire.

Gas Theft Will Get You in Trouble

In Utah, some of the consequences of committing theft are as follows:

• Second-degree felony if the property is worth $5000 or more, or if the property is a firearm or motor vehicle;
• Third-degree felony if the property is valued between $1500 and $5000;
• Class A misdemeanor for property valued between $500 and $1500; and
• Class B misdemeanor if the property is worth less than $500.

As uncommon as gas theft may be, anyone caught will likely face criminal charges. Neither the police nor the public look favorably on people stealing and damaging personal property. The gas thieves could be charged with theft for the actual gas theft and criminal mischief for the property damaged during the gas theft.

An Attorney Can Help You

Contact a Utah criminal defense attorney immediately if you or a loved one is facing any criminal charges. Also, you don’t have to wait until the police are knocking on your door if you have legal questions. Find a criminal attorney you respect who has a history of vigorously defending his clients and get the help you deserve.

Excessive Force?

Utah Attorney, Brooke Winters, on the topic of  Criminal Defense Misc, Dealing with Police, Utah Crime News, Utah Crime Related Videos
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During a Union High School football game several fans performed a traditional Haka dance at the conclusion of the game. The dance itself lasted 17 seconds and ended with Roosevelt Police using pepper spray on the crowd. Reportedly several people standing near the dancers were affected by the pepper spray including a 4 year old.

The Haka is a traditional Polynesian dance popular at many high school football games which included stomping, hand motions and chanting. In addition to high schools, Brigham Young University football team performs the dance prior to every game.

The Roosevelt Police Chief is looking into the incident to determine if excessive force was used.

Tongans get maced while performing Haka at high school football game

Will Utah Prisoners Strike For a Better Life After Prison?

Utah Criminal Defense Blog, on the topic of  Utah Crime News
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After the majority of prisoners are released from prison they fall back into their same routines because the prison didn’t teach them the skills needed to survive in the real world. Georgia prisoners are taking this problem into their own hands. Georgia inmates were using contraband cellular phones to orchestrate a nonviolent strike in order to get paid for their work, gain educational opportunities and have better food. This is a grass roots movement for state prisoners using technology.

With the overcrowding in Utah’s State penitentiaries what will Utah’s inmates do to demand better care? Could Utah inmates follow other prisoners’ lead a non-violent strike?

Incompetent to Stand Trial in Utah?

Utah Attorney, Brooke Winters, on the topic of  Criminal Defense Misc, Legal Process, Utah Court, Utah Crime News, Utah Law
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In Utah, a defendant must be able to understand the nature of the charges against them, their rights and be able to participate in their own defense and if they are unable to do so because of mental illness or other mental deficiencies a defendant may be found incompetent to stand trial. Between 2% and 8% of all felony defendants in the United States are referred for competency evaluations. Here in Utah, if a defendant is found incompetent to stand trial they are committed to the executive director of the Department of Human Services to see if they can be restored to competency through treatment and/or medication. If however, competency isn’t restored and there is a substantial probability that the defendant will not become competent in the foreseeable future the court must release the defendant from the custody of the director unless the court is informed of civil commitment proceedings.
Such is the case for a Utah man who in 2007 was charged with rape, sodomy and aggravated sexual abuse of a child. Lonnie Johnson was declared incompetent to stand trial after numerous competency evaluations and has been held at the Utah State Hospital since 2008. In April 2011 Mr. Johnson was released by a 4th District Court Judge who had no legal basis for continuing to hold him based on a doctor’s report that it was unlikely that he would ever regain competency. Prosecutor’s are now working to have Johnson civilly committed. If however prosecutors are unable to show that Johnson’s mental illness makes him a danger to himself or others it is possible he will be set free.