Archive for the ‘Question’ Category
If you are behind the wheel and an accident occurs, there are some steps you need to take in order to avoid certain criminal charges for leaving an accident scene.
Photo: Salim Virji
Accident Scene Involving Injury
When you’re driving and are involved in an accident when you think an injury may have occurred, you are required to do the following:
• Immediately stop at the scene or as close to the scene as possible (try to avoid causing traffic obstructions)
• Remain at the scene until you’ve given information such as your name, address, vehicle registration number, insurance info to anyone else in the accident (including the police). You also need to render appropriate assistance to anyone injured in the accident.
If you’re in an accident and you leave and then realize there was an injury, you need to comply with the above instructions as soon as possible.
If you fail to follow the law and an injury occurred, you may be guilty of a class A misdemeanor and you may also have to pay a fine (which will be at least $750). Not adhering to the law in a situation when serious bodily injury occurs will likely earn you a third degree felony charge and at least a $750 fine.
Accident Scene Involving a Death
The same requirements apply to a driver who is involved in an accident when he thinks someone has died. If you find yourself in these circumstances and you don’t stop, don’t give your information and don’t provide assistance, you’ll probably be charged with a third degree felony and be fined at least $750.
In order to keep yourself out of jail or prison, it’s in your best interest to stop your car any time you’re in an accident. A third degree felony can carry a penalty of up to five years in prison—no one wants to end up incarcerated because they didn’t stop and help at an accident they were part of.
Let a Utah criminal defense attorney help you if you’ve been charged with any crime. It doesn’t matter what you did—or didn’t do. The important thing is to hire a top-notch Utah criminal defense attorney as quickly as you can.
Tags: accident, auto, car, crime, Felony, law, leaving the scene of an accident, police, utah, victim
Posted in Question | No Comments »
You are probably well aware that there are many illegal activities involving Utah minors that adults are not allowed to do; we’re covering a couple of those crimes today.
Photo: Christopher Schmidt
Illegal Body Piercing and Tattooing of a Minor
It is a crime to perform or offer to perform a body piercing or tattooing on a minor:
• Unless you have the consent of the minor’s parents or legal guardian and
• For payment or in the course of a business or profession
People are considered Utah minors if they are under the age of 18, not married and not legally emancipated. It’s a defense to either crime that you have no actual knowledge of the minor’s age and that you reviewed, recorded and maintained a PIN for the minor prior to the procedure. In other words, the minor would have to have given you a fake ID.
Committing either of these crimes is considered a class B misdemeanor and you may have to pay a $1000 fine per incident.
Contributing to the Delinquency of Utah Minors
Adults (someone 18 or older) are not legally allowed to commit an act or do other things that would cause or encourage a minor to commit a misdemeanor or infraction, particularly if the adult would or should know that his actions would lead to delinquent acts by the minor.
It’s a class B misdemeanor to contribute to the delinquency of Utah minors, and you may be charged with committing whatever crime you finished or attempted in addition to this charge.
Talk to an Attorney
Utah law is too complicated to try and sort out on your own. If you’re in a legal bind, contact a Utah criminal defense attorney today.
Tags: adult, crime, delinquency, delinquent, law, legal, Minor, piercing, tattoo, utah
Posted in Question | No Comments »
Probably not too surprising, there are many items and substances that are not legally allowed in Utah jails. In fact, there is an entire section of the Utah Criminal Code dedicated to naming the various things that inmates and visitors may not possess while within the walls of a correctional or mental health facility—unless you want to get hit with a criminal charge.
Photo: Derek Key
Correctional facilities (which we are referring to as Utah jails) include:
• Juvenile detention
• Jails
• Prisons
• Any secure or non-secure settings that house offenders
Utah Jails’ Prohibited List
The items that cannot be taken onto any Utah jails’ premises include:
• Firearms
• Ammunition
• Dangerous weapons
• Methods of escape
• Tools used for escape
• Explosive
• Controlled substances
• Liquor
• Medicine
• Poison
You are not allowed to transport, sell, give away or possess any of these things on properties designated for use by offenders.
If you transport any firearm, ammo, dangerous weapon or means of escape to a Utah jail or secure area of a mental health facility you may charged with a second degree felony. Providing or selling any of the previous-mentioned items to a detainee might also earn you a second degree felony charge.
Did you realize that you can’t give or sell tobacco products and electronic cigarettes to inmates of Utah jails? It’s worth a class A misdemeanor if you decide to give your jailed buddy a pack of smokes on visiting day.
Check the Rules Before Visiting Utah Jails
Although you might want to try and do an incarcerated friend or family member a favor by taking him a little gift, it’s best to empty your pockets before visiting your local correctional facility. If you get caught making a mistake, find your nearest phone and talk to a Utah criminal defense attorney. When you’re up against Utah law, it makes sense to have an expert criminal defense attorney on your side.
Tags: correctional facility, crime, detention, give, Jail, jails, prison, sell, utah
Posted in Question | No Comments »
You shouldn’t make a habit of threatening anyone, but as this blog’s title shows, you shouldn’t threaten an elected official in Utah unless you want a big problem on your hands.
Photo: Mark Ramsay
Who is Considered an Elected Official?
Let’s define who falls under the title of an elected official—some of these may surprise you.
• Any elected official of the state, county or city—and this includes members of the official’s immediate family
• Any temporary judge appointed to fill a vacant judicial position
• Any judge who has not yet been retained by a retention election
• School board members
• Any person who has been appointed to fill an elected official’s vacant position
Committing Assault on an Elected Official
You commit assault on an elected official when you attempt or threaten to inflict bodily injury to the person in question, even if you don’t use or show immediate force or violence. Assaulting an elected official in order to impede, intimidate or interfere with him in performing his official duties or retaliating against him for something official he’s done is a third degree felony if you attempt or succeed in committing bodily injury. In other situations it’s a class B misdemeanor.
Discussing Your Case with a Utah Criminal Defense Attorney
Any criminal charge is worthy of a phone call to a Utah criminal defense attorney, whether it’s concerning threatening an elected official or not. Make your freedom a priority by talking to an experienced Utah criminal defense attorney today.
Tags: Assault, crime, elected official, election, Felony, hurt, threaten
Posted in Question | No Comments »
Believe it or not, it is against the law to buy or sell a child in Utah—and it has been since at least 1974. Now, it’s not illegal to adopt a child or place a baby for adoption, but there are rules that must be followed in order to avoid being charged with a crime.
Photo: Parker Knight
Sell versus Adopt
A person may be guilty of a third degree felony in Utah if he has custody, care, control or possession of a child and either buys or sells a child or attempts to buy or sell a child for payment or anything of value.
It is also a third degree felony to offer, give or attempt to give money or something valuable to a person to try and get that individual to try and sell a child he has custody or control over.
You aren’t guilty of a crime if you pay or receive adoption-related expenses as long as:
• The expenses are charitable in nature and
• The payment isn’t an attempt to persuade a person to place a child for adoption or consent to an adoption
We also want to clarify what are considered “adoption-related expenses” according to Utah state law. These expenses need to be related to a child’s adoption, of a reasonable amount and may include:
• Legal expenses
• Maternity expenses
• Medical expenses
• Hospital expenses
• Counseling expenses
• Temporary living expenses
• Travel expenses
Adoption can be a wonderful idea, as long as all the parties involved are going into the process for the right reasons. It’s a good idea for both the potential adoptive parents and birth parents to be represented by an attorney to make certain that everyone’s interests are taken care of.
Talk to a Utah Criminal Defense Attorney
If you have been part of an adoption proceeding and are now being accused of a crime, you need the services of a Utah criminal defense attorney. Don’t hope that everything will turn out just fine; take your future into your own hands and talk to a Utah criminal defense attorney today.
Tags: adoption, attorney, child, crime, Felony, law, lawyer, legal, utah
Posted in Question, Utah Legal Definition | No Comments »
You may have heard of high profile stalking cases where someone constantly bothers, follows and generally annoys a celebrity. The problem with stalking is that it frequently frightens the victim and in some cases turns violent. Stalking in Utah is a crime that can be punished by jail or prison time and/or court injunctions.
Photo: Bill Debevc
In order to be charged with stalking, you have to commit two or more of the following acts:
• Follow
• Monitor
• Observe
• Photograph
• Survey
• Threaten
• Communicate
• Interfere
involving a specific person. This crime can be committed directly, indirectly, or through another person. For example, if you ask your friend to follow a woman and take her picture, you could be charged with stalking even though you didn’t do the following and photographing.
Other methods of stalking are:
• Approaching or confronting a person
• Going to someone’s workplace or contacting their employer or coworkers
• Appearing at a person’s residence or contacting their neighbors or encroaching onto the person’s property
• Sending material to the person or members of their family or friends in order to get information about the individual
• Putting an object on the person’s property or delivering an object to their property
• Using electronic means to contact a person or send them messages or pictures
Consequences of Stalking
A first offense of stalking is a class A misdemeanor, which is punishable by up to one year in jail. You may be charged with a third degree felony if you have been convicted of stalking in Utah or another state or if you’ve been convicted of a felony involving the stalking victim in a different crime.
An alleged stalking victim may also petition the court to have a perpetrator legally forced to stay away and avoid any type of contact with the victim. It’s a crime to violate a court injunction requiring you to leave someone alone.
If you’ve been charged with stalking in Utah, you need the expert services of a top Utah criminal defense attorney. Don’t discuss your case with law enforcement; only talk to your attorney about your situation. You deserve the best criminal defense available, so contact a Utah criminal defense attorney today.
Tags: crime, Felony, law, Misdemeanor, stalking, utah, violent
Posted in Question, Utah Legal Definition | 1 Comment »
Ignorance of Utah law or mistakenness regarding a penal law states doesn’t mean that a person can use such ignorance as an excuse for committing a crime. However, there are a few exceptions to this general rule.
• If a defendant reasonably believes (due to his own ignorance of Utah law or mistake) that his conduct or actions don’t constitute a crime or offense, and
• The person’s ignorance of Utah law or mistakenness came about as a result of relying on:
• An official statement of law specified in writing or when permission is given by an agency who has the duty to interpret the law or
• When a law is interpreted by a written court opinion or in a written opinion by a public servant, either of whom have the responsibility to determine the law in question
Using these exceptions may not prevent a person from being charged with a lesser or different crime, however. For example, you might receive inaccurate permission from a federal employee to shoot deer on a certain part of federal lands. You shoot a deer after opening a gate that’s marked “closed.” You may not be responsible for killing the deer, but you can be held liable for opening a gate and driving into the wrong part of the property.
If you are ever charged with a crime, it’s wise to receive the counsel of a Utah criminal defense attorney as soon as possible. Don’t discuss your charges or alleged crime with any member of law enforcement, regardless of what you’re told. Your best move is to hire an experienced Utah criminal defense attorney who will deal with police on your behalf and provide you with a top defense. Make the right call today.
Tags: crime, question, utah, Utah Law
Posted in Question | No Comments »
It’s fairly well-known that you need to stop your vehicle when approaching a Utah railroad crossing under the following circumstances:
Photo: Daryl Fletcher
• If there is any clearly visible sign warning you of an approaching train
• When the crossing gate is lowered or there is a person giving notice that a train is approaching
• When you can hear the signal warning of an oncoming train
• If you can plainly see the train and realize that it’s too close to cross
• Any condition exists that makes it obviously unsafe to cross the tracks
Crime Versus Prohibition
We discovered, however, that when these circumstances exist you are prohibited from disobeying the rules—not a criminal if you choose otherwise. Crossing Utah railroad tracks during certain situations isn’t classified as an infraction or a misdemeanor. Of course, if you decide to cross Utah railroad tracks when you shouldn’t you could be hit by a train, which is its own punishment.
Prohibited Acts May Come with a Consequence
Even though some actions are not considered criminal, you might still be given a consequence if you fail to follow the rules. For example, it’s prohibited to park facing the traffic on a street, but not a crime. You could still plan to receive a ticket if you choose to park inappropriately, but you won’t be charged with a criminal act.
It’s important to be aware of traffic rules and other laws, but there may be a time when you get in trouble with the law doing something you weren’t aware is considered criminal—or even prohibited. If that should occur, don’t wait to contact a Utah criminal defense attorney. You shouldn’t discuss your situation with law enforcement, only an experienced attorney who can advise you of your rights.
Make that important phone call today.
Tags: car, crime, infraction, Misdemeanor, prohibition, railroad, utah, vehicle
Posted in Question, Utah Legal Definition | No Comments »
If you haven’t already heard, visitors to Ogden, Utah’s public parks may be hearing and saying a lot less. Ogden City has proposed a ban on swearing in public parks if the profanity has potential to “breach the peace.” See Profanity Penalty, Deseret News. The proposal requires that the offender be given a warning for a first offense but subsequent offenses may be cited as infractions or class C misdemeanors. Conviction for a class C misdemeanor may result in 90 days in jail and/or a $750 fine. Utah Code §§ 76-3-204; 76-3-301.What remains to be seen is how law officials will interpret what uses of profanity have potential to “breach the peace.”
Ogden is certainly not the first or the last city to attempt to ban profanity in public places. Recently, a town in Massachusetts voted to fine individuals $20 for swearing in public. See “Massachusetts Town OKs $20 Fine” USA Today.
The United States Supreme Court has a long line of cases addressing cities and states that penalize speech in public places. For example, in 1942, the Supreme Court found that it was okay for laws to ban “the use in a public place of words likely to cause a breach of the peace” such as words likely to cause violence. Chaplinsky v. New Hampshire, 315 U.S. 568, 573-74 (1942). But a state’s power to prohibit speech in public places is not without limitation. In 1971, the Supreme Court found that arresting and convicting a man for wearing of a jacket that said “**** the Draft” in a courthouse was unconstitutional. Cohen v. California, 403 U.S. 15 (1971). Justice Harlan wrote “while the particular four-letter word being litigated here is perhaps more distasteful than most others of its genre, it is nevertheless often true that one man’s vulgarity is another’s lyric.” The Supreme Court refused to accept the idea that states can “forbid particular words without also running a substantial risk of suppressing ideas in the process.”
This raises some concerns as to whether an ordinance like the one proposed in Ogden or adopted in Massachusetts are constitutional under the First Amendment.
So what do you think readers? Should swearing in public be a criminal offense?
Tags: Constitutional Rights, crime, first amendment, Free Speech, Misdemeanor, Profanity, utah
Posted in Constitutional Rights, Crimes, Question, Utah Crime News | No Comments »
The Utah Supreme Court is the court of last resort in Utah. It is the highest court in the state and also oversees the administration of the judicial system within Utah.
Photo: Brent Moore
Utah Supreme Court Justices
There are five justices who serve ten-year terms on the Utah Supreme Court. A justice may serve consecutive terms. One judge is elected to serve as chief justice by a majority vote of all five justices. Once elected, the chief justice will serve for four years.
Why Is There a Utah Supreme Court?
One purpose of the Utah Supreme Court is to make determinations on questions of state law. This court also has the authority to issue extraordinary writs, which are legal, written documents where the judge may exercise unusual or discretionary power not available to lower courts judges.
The Utah Supreme Court also has the jurisdiction to hear appeals of first-degree felony and capital convictions, as well as civil judgments (except for domestic cases). The court is responsible for reviewing the formal administrative proceedings for a variety of state-based commissions, trusts and boards.
Additionally, the Utah Supreme Court determines what constitute the rules of civil and criminal procedure and the rules of evidence Utah State courts use. They also take care of the appellate process.
Attorneys who practice law in Utah must adhere to the rules of conduct set up by the Utah Supreme Court. The court is in charge of admission to the Utah State Bar and handles any needed discipline of an attorney.
Each tier of the court system is valuable, because citizens have the opportunity to have their day in court and, in some cases, additional opportunities to be heard, such as occurs in cases on appeal.
Why You Need a Utah Criminal Defense Attorney
Having a Utah criminal defense attorney represent you in every aspect of your criminal case is not just important, but vital. When you need a criminal defense attorney, look for someone who has experience in handling myriad types of criminal cases and who has a reputation for vigorously defending his clients.
Tags: Conviction, crime, Felony, judicial, justice, Supreme Court, utah
Posted in Question, Utah Court | No Comments »
