Employment Consequences Following an Arrest in Utah

Having a felony criminal record can have devastating consequences for Utah residents when it comes to finding housing and work, however even a minor arrest can result in undesirable consequences to one’s employment.

An arrest is public record

Employment After Arrest

Photo by: Dylan

When an arrest takes place, that information can instantly become public knowledge. The arrestee’s information along with facts related to the crime may be logged on a bookings page with the county sheriff or a small blurb may be written in the incident section of the local newspaper. Often this embarrassing publicity can go undetected by employers or coworkers of the person arrested. If it is noticed, which is often the result of increased coverage by the media for being a “bigger story”, it can quickly spread around the office, making the workplace unwelcoming for the defendant.

Returning to work

Returning to a place of employment following a night or two in jail should not result in anything more than awkward sideways glances from coworkers. If the arrest occurs due to illegal behavior at work however, the accused will likely be put on temporary administrative leave before being permanently terminated if or when convicted. If the arrest takes place off the clock, in a setting not remotely connected to a person’s employment, an employer is usually discouraged from releasing an employee from his job. If not, they could be in violation of Title VII of the Civil Rights Act of 1964.

Know your employment rights

Photo by: aj victorio

Photo by: aj victorio

For individuals who were recently arrested and are worried about the effects it will have on their career, it is important to know first what rights employees in the State of Utah have. According to the Utah Labor Commission and the Equal Employment Opportunity commission regarding Title VII, employees are protected from job related discrimination following an arrest. Aside from actual convictions, especially those including felonies, an arrest cannot be used as the basis of terminating employment. As the EEOC states, “The fact of an arrest does not establish that criminal conduct has occurred. Arrests are not proof of criminal conduct. Many arrests do not result in criminal charges, or the charges are dismissed. Even if an individual is charged and subsequently prosecuted, he is presumed innocent unless proven guilty.” The EEOC adds however, that “although an arrest record standing alone may not be used to deny an employment opportunity, an employer may make an employment decision based on the conduct underlying the arrest if the conduct makes the individual unfit for the position in question. The conduct, not the arrest, is relevant for employment purposes.”

When an arrest is still used against an employee

Just because an employer cannot safely fire one of their employees based on an arrest, it doesn’t mean they won’t find other ways to punish the arrested employee. In fact, if an employer is unhappy about the arrest of their employee, and they were previously lenient about certain rules and codes of conduct related to the job description, they may increase enforcement of those rules without as much risk of retaliation from the employee. This may be the employer’s way of trying to encourage the arrestee to quit, by ensuring the workplace isn’t as enjoyable as before. Although an employee can attempt to press charges or wait for the ill feelings to eventually dissipate, some take the easier way out by finding another job where their dirty laundry isn’t known by all.

Protect your record, protect your employment

Photo by: kate hiscock

Photo by: kate hiscock

Most employers in Utah are kind and understanding following an arrest. This is particularly true if the defendant is eventually found to be innocent of all charges. The ideal way to protect your employment following an arrest is to protect your record. With any arrest, contact a criminal defense attorney to give you a better chance of walking away with a clean record and job security.

Felony Charges for Aiding and Abetting in Poaching Crime

Helping a couple friends with an illegal activity usually comes at a cost, as one Utah politician learned the hard way as he now faces felony charges for aiding and abetting in a poaching crime.

Permission to hunt on land illegally

Earlier this month, the mayor of Hurricane Utah was arrested for aiding and abetting after he allowed a couple friends to hunt protected mule deer on his land. Although Mayor John Bramall was not stated to be an active participant in the hunt, he knowingly allowed the men to hunt the deer on his land, an act the state of Utah claims to be aiding and abetting in the wonton destruction of protected wildlife.

Aiding and abetting a poaching crime

Utah Code 23-20-23 of the Wildlife Resources Code of Utah states: “It is unlawful for any person to aid or assist any other person to violate any provisions of this code or any rules or regulations promulgated under it. The penalty for violating this section is the same as for the provision or regulation for which aid or assistance is given.” For aiding and abetting with a poaching crime, Mayor Bramall will face the same charges as if he were the one who had pulled the trigger.

Two deer, two charges

Since there were two deer killed unlawfully, there are two different charges for Mayor Bramall to face. The value of the smaller deer was between $250 and $500, which according to Utah Code 23-20-4 would make the poaching of said deer a class A misdemeanor. The larger trophy deer was valued at more than $500, which is punishable as a third degree felony. The mayor of Hurricane, whose term isn’t up until 2018, may face up to five years in jail for essentially looking the other way while a crime was committed on his property.

Felony Theft after Returning Found Property

A Draper, Utah man was arrested for felony theft after returning some property that he found in the middle of the road.

Debris from unsecured load

Felony Theft

Photo by: OiMax

47 year old Kent Spencer Dean was driving down 12300 South in Draper when he noticed a large power saw lying in the roadway. Not wanting an accident to result from the large item in the road, he quickly picked up the saw and placed it in the trunk of his car. Dean planned on finding the owner of the saw and returning it but first had to hurry to prior engagements he had including attending his daughter’s dance recital and a play with his family in Ogden.

Punishing a caring citizen

The 50 pound power saw that Dean had picked up belonged to the fire department and had fallen off an engine just moments before Dean noticed it in the road. Witnesses saw the event unfold and took down Dean’s license plate number for police. As Dean was going about his busy evening he received a phone call from the Draper Police Department inquiring about the saw. After stating what had happened while learning who the saw belonged to, Dean made arrangements to return the saw to the fire department later that evening. When he arrived, the fire department thanked him while the police department arrested him for felony theft of lost property.

Theft of lost property

Photo by: Nate Grigg

Photo by: Nate Grigg

The Draper Police Department was made aware of the circumstances surrounding Kent Dean’s temporary possession of the fire department’s saw and his plan of returning the lost item, however they were unwilling to drop the charges for felony theft of lost property. According to Utah Code 76-6-407, “A person commits theft [of lost property] when:
(1) He obtains property of another which he knows to have been lost or mislaid, or to have been
delivered under a mistake as to the identity of the recipient or as to the nature or amount of the
property, without taking reasonable measures to return it to the owner; and
(2) He has the purpose to deprive the owner of the property when he obtains the property or at any
time prior to taking the measures designated in paragraph (1).” (Emphasis added)
Sadly, it seems the Draper police assumed Dean intended on keeping the heavy, bulky saw; perhaps in the event that he one day might need to remove the roof off a vehicle.

Felony theft

While being accused with theft was bad enough, the charge was unfortunately increased to felony theft due to the high monetary value of the fire department’s saw. Utah Code 76-6-412 states that “Theft of property and services as provided in this chapter is punishable ( . . . ) as a third degree felony if: the value of the property or services is or exceeds $1,500 but is less than $5,000;” The saw was valued at around $2,000. For trying to be a good citizen by removing a large item from the roadway that had a high chance of causing an accident, Dean could face up to five years in prison as well as a $5,000 fine.

Ignore or Act?

Photo by: Ms. Phoenix

Photo by: Ms. Phoenix

Kent Dean could have avoided felony theft charges had he chosen to leave the power saw in the road, blocking a lane of traffic on a busy street. Instead he chose to protect other drivers from a hazardous situation, which in turn may have also prevented the fire department from facing their own charges of having an unsecured load, a class C misdemeanor. Hopefully the criminal charged brought against Kent Dean will not dissuade another citizen from making the right choice if the event that they are ever faced with a similar situation.