Archive for the ‘Question’ Category

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Committing Perjury in Utah

Oct
14
Utah Criminal Defense Blog, on the topic of  Dealing with Police, Question
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Most people are aware that perjury is illegal in Utah, but you should also know that there are significant penalties for committing perjury in an official proceeding.

Photo: West Point Public Affairs

An event is considered to be an official proceeding when a person who is authorized by law to take evidence under oath or affirmation in connection with a particular event does so before a legislative, judicial, administrative or other governmental body. If you are a witness testifying in court, for example, you are considered to be part of an official proceeding.

A material statement is a statement that is capable of affecting the course or outcome of a proceeding. A statement made by a witness, for instance, is not material if the statement is taken back in the course of the official proceeding in which it was made, before it became apparent that the perjury was or would be exposed and before it substantially affected the proceeding.

If a person makes a false material statement under oath, and he knows such a material statement is a lie or if he makes inconsistent material statements, one of which he knows to be a lie, he will be guilty of a second-degree felony.

A person will be guilty of a class B misdemeanor if he perjurs himself in order to mislead a public servant who is doing his job or if he makes inconsistent statements and knows one statement to be untrue.

It is also a class B misdemeanor to make false written statements, whether notarized, with intent to deceive a public servant, or for any personal benefit.

Don’t give false information to law enforcement officers, government agencies or to people in the following professions: social work, psychology or marriage and family therapy (concerning the commission of an offense that you know didn’t occur or that you have no information about). If you choose to do so, you will be guilty of a class B misdemeanor.

Witness tampering and juror tampering are not allowed either. You also should avoid trying to extort or bribe someone to dismiss a criminal case. Don’t tamper with evidence, unless you don’t mind a class A misdemeanor charge, at a minimum.

Hopefully you see a pattern emerging here. Whether you call it deceiving or flat out lying, you’ll be in trouble with the law if you engage in the art of deception. Call a Utah criminal defense attorney right away if you have any questions about statements you have made in an official proceeding that may get you, or someone else, in hot water.

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Posted in Dealing with Police, Question | No Comments »

Former Coach Enters Plea in Abeyance

Oct
07
Utah Criminal Defense Blog, on the topic of  Hiring a Lawyer, Question
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A former Utah high school coach recently entered a plea in abeyance for the assault of a student after originally being charged with child abuse, a class A misdemeanor. Steve North used to be the head football coach at Wasatch High School, but after being placed on leave following the incident his contract was not renewed.

Photo: Gordon Joly

Assault is a class B misdemeanor and can be defined as:

• Using unlawful force or violence in the attempt to do bodily injury to someone;
• Threatening to injure someone and accompanying that threat with a show of force or violence; or
• The actual act of injuring someone.

What is a Plea in Abeyance?

A plea in abeyance takes your plea and holds it in abeyance, which is a fancy term that essentially means the court sets the plea on a “shelf” instead of entering the plea in the court record for a certain time period. If you don’t have any criminal convictions during the time period specified and you comply with the terms of the plea in abeyance agreement, then the charge can be dismissed.

A plea in abeyance agreement includes whatever terms both the prosecution and the defense agree to. Some of the stipulations may include attending anger management training, paying fines and/or restitution, etc.

Why a No-Contest Plea?

A no-contest plea has the same legal effect as a guilty plea. Pleading no-contest is admitting that there is evidence that could convict you of the charge(s) against you. Some people prefer entering a plea of no-contest in a criminal case because a no-contest plea cannot be used as evidence of guilt in a civil case.

Do Yourself a Favor and Hire an Attorney

Hiring a Utah criminal defense attorney is vital regardless of what type of criminal case you’re involved in, because he can carefully advise you of the benefits and drawbacks of entering various pleas. Don’t hesitate to contact a reputable attorney who will defend you with vigor.

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Posted in Hiring a Lawyer, Question | No Comments »

The Insanity Defense

Oct
06
Utah Criminal Defense Blog, on the topic of  Legal Process, Question
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Is insanity a defense in Utah? Can someone be so insane that they can commit a crime yet be found not guilty?

Technically, there is an insanity defense on the books. Back in the 1980s, John Hinckley was found not guilty by reason of insanity after trying to assassinate President Reagan. The Utah legislature reacted to public outrage over the Hinckley verdict by crafting one of the country’s strictest laws.

Utah’s law allows a person to plead “not guilty by reason of insanity.” But, for all practical purposes the defense is very narrow. In most states, a person who did not understand the wrongfulness of their actions or who was acting under an irresistible impulse cannot be convicted of a crime.

In Utah, the insanity defense is more restricted. The defense only applies to people who have such severe mental illness that their disease prevents them from possessing the mental state required as an element of the crime. For example, a person who murdered his girl friend because he thought she was a robot working for the Mafia could be found not guilty by reason of insanity. Why? Because he lacked the intent to kill a human being.

But, a defendant who knowingly kills another person because of a psychotic episode would not be entitled to the insanity defense if the defendant could act knowingly or intentionally, even if he couldn’t appreciate the wrongfulness of his actions or acted under an irresistible impulse. Under Utah law, it wouldn’t matter if the defendant had a mental illness.

Still, the law allows a jury to take a defendant’s mental illness into account. For example, a jury may reach a verdict of “guilty and mentally ill.” Under that verdict, a defendant would first be sent to the State Hospital for a mental health evaluation and treatment. After spending up to 18 months at the hospital or until the defendant gets the maximum benefit from treatment, whichever comes first, the defendant would then be sent to prison for the balance of his sentence.

Issues of crime and mental illness are complicated. Some mental illness may even affect a defendant’s competence to stand trial. If the mental illness is severe enough, the case may even be dismissed without trial.

If you or a loved one struggling with mental illness find yourselves tangled in the criminal justice system, it’s important to seek competent legal counsel as soon as possible. Defendants with mental health issues have special needs that must be addressed quickly and aggressively.

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Posted in Legal Process, Question | No Comments »

Bus Safety in Utah

Oct
05
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.

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Posted in Humor, Question | No Comments »

Property Forfeiture and Jeremy Johnson

Sep
30
Utah Criminal Defense Blog, on the topic of  Question
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The auction of Jeremy Johnson’s property earlier this week has a lot of people wondering if the government can sell someone’s stuff–also known as property forfeiture–before they’re even found guilty.

Photo: Diana Parkhouse

Jeremy Johnson’s situation is unique in that the sale of his property was not related to his criminal charges. The sale was ordered by a federal judge in Nevada who is presiding over the FTC’s civil fraud complaint against Johnson and his company IWorks. The sale had nothing to do with Johnson’s criminal case pending in Utah.

The Federal Trade Commission (FTC) filed a civil complaint against Johnson in December 2010 on behalf of numerous people alleged to have been defrauded by Johnson’s various companies. Over the next couple of months, the federal judge put a freeze on Johnson’s assets and appointed a receiver to manage the assets. The judge ordered some of the assets sold in order to meet various expenses. The auction was a result of that order in the civil case.

But, Johnson’s legal troubles were compounded when he was charged in federal court in Utah with mail fraud. Johnson was arrested on that charge and only recently released from federal custody after friends and family came up with approximately $2.8 million bond.

There has not been any property forfeiture ordered by the judge in the criminal case. It is mere coincidence that the auction of Johnson’s assets didn’t occur until after Johnson was arrested on the criminal charge.

Even though Johnson’s case is complicated, anyone charged with a crime could be at risk for property forfeiture.

For example, a court may order a person’s property frozen if the judge finds there is reasonable belief that a defendant will spend, hide or use assets that may have been gained illegally, in order to preserve at least some restitution for the victims of the crime.

Assets can also be seized and forfeited if a judge determines that the property was the proceeds or ill-gotten gains of various crimes, like drug trafficking.

You can tell from Johnson’s cases, both criminal and civil, that the law is complicated and potentially confusing, and not just concerning property forfeiture. When the court of public opinion gets involved, you may be confused about where to turn if you have any criminal case pending against you. It would be prudent to hire a skilled Utah criminal defense attorney immediately. Don’t try to navigate the judicial system on your own. A qualified criminal defense attorney will represent you and your side of any case where it matters most—in court.

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Man Makes Court Appearance for 1996 Rape in Ogden

Sep
21
Utah Criminal Defense Blog, on the topic of  Question, Utah Crime News
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The 1996 rape of a mall store clerk in Ogden has been connected to a now-39-year-old man who was serving a sentence for sexual battery in the Mississippi State Prison at the time he was charged in November 2010. Deon J. Lucero recently made his first court appearance in Utah, where he has been charged with aggravated robbery, aggravated sexual assault and aggravated kidnapping.

The Story Surrounding the Rape

Photo: Wouter Verhelst

According to court documents, in 1996 Lucero walked into the store where the victim was a clerk, pulled a knife and demanded money. After giving him money from the cash register, it is alleged that Lucero then forced the victim to a back room where he made her take off her clothes and raped her. DNA was collected at the time of the rape, but no one was arrested for the crime until now. Last year, the DNA from the 1996 crime scene was matched to DNA collected from a 2007 sample from a convicted offender serving time in Mississippi.

First-Degree Felonies

Aggravated robbery, aggravated sexual assault and aggravated kidnapping are each first-degree felonies. The potential penalties, particularly for aggravated sexual assault and aggravated kidnapping, can vary depending on whether or not the defendant was previously convicted of a grievous sexual offense. A first-degree felony is generally punishable by at least five years in prison, but that may differ based on the statute concerning a particular crime.

Offenses Without A Statute of Limitation

There are offenses for which prosecution by the state may be commenced at any time, regardless of the length of time that has passed since the actual commission of the crime:

• capital felony
• aggravated murder
• murder
• manslaughter
• child abuse homicide
• aggravated kidnapping
• child kidnapping
• rape
• rape of a child
• object rape
• object rape of a child
• forcible sodomy
• sodomy on a child
• sexual abuse of a child
• aggravated sexual abuse of a child
• aggravate sexual assault

If you have questions about the statute of limitation on a crime, don’t hesitate to contact an attorney. In the case mentioned earlier, multiple elements of the crime fall under the statute where there is no time limitation, so the person who committed the crime-who may or may not be the man accused-can be tried at any time.

When you have concerns about a legal matter, it is prudent to discuss them with a Utah criminal defense attorney. Let him apprise you of your rights and give you advice on how to handle the situation. You needn’t wait until you are being investigated or arrested for a crime to hire an attorney.

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Posted in Question, Utah Crime News | No Comments »

“Bath Salts” Ban Issued by DEA

Sep
13
Utah Criminal Defense Blog, on the topic of  Crimes, Criminal Defense Misc, Question
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A ban on ‘bath salts,’ a synthetic drug containing potentially dangerous chemicals, has been issued by the Drug Enforcement Administration (DEA). This ban will take place 30 days from its issuance on September 7 and will last for at least one year while the chemicals are studied further and a decision is made as to whether or not the chemicals should be permanently controlled. These are not like the bath salts commonly used in bathing. The chemicals used in the ‘bath salts’ being banned are synthetic stimulants known as mephedrone, methylenedioxypyrovalerone and methylone.

What Are “Bath Salts”?

Photo: Raquel Baranow

The news release issued by the DEA states that the synthetic stimulants found in so-called ‘bath salts’ or ‘plant food’ (as they are also known), have properties which mimic the effects of cocaine, LSD or methamphetamines. Some people who have consumed the products containing these stimulants have been known to have hallucinations, chest pains, disorientation, paranoia and so forth. ‘Bath salts’ are popular particularly among teens and young adults. Thirty-three states have already banned ‘bath salts’ or are taking action to ban the substances.

Utah’s Stand on “Bath Salts”

Utah is one of the states that has banned “bath salts”. Governor Gary Herbert signed the bill making the product illegal in February of this year. It is currently a class B misdemeanor to possess synthetic “bath salts”, and it is a third-degree felony to manufacture or distribute the product. Until the bill was signed by the governor, it was legal to possess synthetic ‘bath salts’ and use them, thus giving people the ability to experience a legal high.

Additional Side Effects of Using “Bath Salts”

The problem with this type of high is the immediate physical and mental problems that come about as a result of using drugs that have such an effect. Abuse of any drug, legal or not, can create a whole set of problems that are unexpected and unintended.

Don’t wait to get medical help if you have a drug problem. On the same note, don’t wait to get legal help if you’re involved in any criminal proceeding that involves possessing, manufacturing or distributing ‘bath salts.’ You may have started using “bath salts” because you could legally buy them in your local smoke shop, and now you find yourself in trouble with the law. An experienced Utah criminal defense attorney will understand that people get into situations that they can’t get out of alone. Get the legal assistance you need today.

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Posted in Crimes, Criminal Defense Misc, Question | No Comments »

Utah Concealed Weapons Permit

Sep
02
Utah Criminal Defense Blog, on the topic of  Constitutional Rights, Question
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A concealed weapons permit in Utah is regulated by the Bureau of Criminal Identification, and there are several steps you must take before you might be given such a permit.
 

Photo: gliuoo

* You must be at least 21-years-old;
* The application fee is $60 for a Utah resident or $65 for a non-resident;
* You have to complete an (online) concealed weapons course survey;
* You must provide a copy of your driver’s license, the original applicant fingerprint card, and a photograph; and
* You are required to complete a Utah weapons familiarity course.

A Utah concealed weapons permit is generally valid throughout Utah for five years. If you plan to go to another state, you are required to know the laws for carrying concealed weapons in that particular state. A Utah permit does not necessarily mean you can legally carry a concealed firearm in another state.

You may have your concealed weapons permit denied, suspended or revoked if you have been or are:

• convicted of a felony;
• convicted of a violent crime;
• convicted of an offense involving the use of alcohol;
• convicted of an offense involving the unlawful use of narcotics or other controlled substances;
• convicted of an offense involving moral turpitude;
• convicted of an offense involving domestic violence;
• adjudicated by a state or federal court as mentally incompetent (unless the adjudication has been withdrawn or reversed);
• not qualified to purchase and possess a firearm pursuant to state and federal law.

Even though you may possess a concealed weapons permit, there are still some places where you cannot carry your concealed weapon, such as: an airport secure area, any house of worship or any private residence where dangerous weapons are prohibited or any secure area in which firearms are prohibited and notice of the prohibition is posted.

If you still have questions about carrying concealed weapons or you are involved in legal action surrounding a concealed weapons permit violation, contact a Utah criminal defense attorney today for help.

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Posted in Constitutional Rights, Question | No Comments »

Sexual Assault Advice Results in Charges

Aug
24
Utah Criminal Defense Blog, on the topic of  Question
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Sexual assault of a child should be reported to law enforcement, something prosecutors are alleging a Mormon bishop neglected to do. The bishop reportedly counseled a teenage girl from his congregation to not report a sexual assault where she says that she was the victim. The girl told her parents about the alleged assault after talking to her bishop, at which point her parents filed a complaint with local authorities.

Criminal Charges

Photo: UggBoy/UggGirl

Now, the bishop has been charged with witness tampering and failure to report child abuse. Witness tampering is a third-degree felony and is punishable by up to five years in prison. Failure to report child abuse is a class B misdemeanor, and if an individual is found guilty, that person could serve up to six months in jail.

Reporting Child Abuse

In Utah, any suspected abuse of a child requires mandatory reporting to law enforcement. Concerning clergy, Utah law states that, “When a clergyman or priest receives information about abuse or neglect from any source other than confession of the perpetrator, the clergyman or priest is required to give notification on the basis of that information even though the clergyman or priest may have also received a report of abuse or neglect from the confession of the perpetrator.”

It would be imprudent to make a judgment without knowing the bishop’s side of the story. We don’t know exactly what the girl told the bishop about the alleged assault.

Who’s the Real Criminal?

One thing to make note of is that no mention has been made about the alleged perpetrator of the assault on the girl. Who is he? Is he going to be charged as well, or is law enforcement only looking to make an example of a clergyman who erred in not reporting an allegation of sexual assault? Perhaps authorities need to concentrate on the person who may have actually committed the abuse and continue working to make sure that all Utah citizens, not just clergy, know of their responsibility when it comes to reporting suspected child abuse.

Don’t forget the bottom line: everyone is considered innocent unless proven guilty in a court of law. Additionally, let’s make sure the punishment fits the crime.

Call a Utah criminal defense attorney immediately if you have been charged with any crime, sexual assault or otherwise. Don’t wait for law enforcement to sort out the issues. Get the advice of someone who will be on your side.

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Lewdness in Utah May Send You to Prison

Aug
19
Utah Criminal Defense Blog, on the topic of  Question, Utah Law
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In Utah, the charge for committing lewdness starts as a class B misdemeanor, which can send a person to jail for up to six months. Recent changes in Utah law allow prosecutors to charge repeat offenders with a third-degree felony. The theory is that if a lesser penalty isn’t making a difference with an offender, a stiffer penalty may discourage someone from repeating their lewd acts.

Tougher Utah Lewdness Law

Photo: Kate Ter Haar

This law, which went into effect this year, also applies to registered sex offenders. If a registered sex offender commits an act of lewdness in the presence of a child, he or she can also be charged with a third-degree felony. A guilty verdict on a third-degree felony charge is worth up to five years in prison.

Recent Conviction

Brian Richard Lee, who was found guilty of one count of lewdness and one count of burglary, has been sentenced to prison. Lee has been arrested nine times since 1992 for being naked in girls’ locker rooms. His most recent arrest came after he was found by a female coach in the girls’ locker room of Sandridge Junior High this past April. The judge gave him credit for time served and fined him $716 as well.

Get Legal and Personal Help

If you’re having problems with the law because of lewdness, whether as a repeat offender or a first-timer, you need to make at least two phone calls. First, contact a Utah criminal defense attorney. You need to have someone on your side who understands Utah law and can easily navigate the judicial system. Your second phone call should be to a therapist. While the legislature may believe that lewdness is a problem worthy of a felony charge, it makes sense that anyone who suffers from a desire to expose themselves to others needs the assistance of a licensed mental health professional.

Don’t be embarrassed to make these phone calls. When you take the first step to get legal help, you’ll be putting yourself on the right track to receive further aid from others who can work with you to get your life in order.

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Posted in Question, Utah Law | No Comments »

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