Archive for the ‘Utah Legal Definition’ Category

« Older Entries

Utah Criminal Laws and Off Highway Vehicle Use. How to Snowmobile, Bike and Four-Wheel Crime Free.

Jun
12
Utah Criminal Defense Blog, on the topic of  Utah Legal Definition
0comment

Utah is a popular place for year-around off highway vehicle use—whether you’re into snowmobiling in the winter or four-wheeling in the summer. There are some laws and rules you should know about, however, to keep your off highway vehicle experience fun and crime-free.

Photo: Beth Woodrum

Photo: Beth Woodrum

You are not allowed to tear down, mutilate, destroy or deface the following items prohibiting or regulating off highway vehicle use on public lands:

• A sign
• A signboard
• Any notice

It’s also illegal to do anything to a fence or other type of enclosure or bars/gates on public lands.

It is against the law to operate a motor vehicle or give someone else permission to drive on public lands not designated for cross-country use. If you do either, you could

• Be guilty of a class C misdemeanor
• Be fined up to $150
• Be required to perform community service by repairing any damage you caused in your cross-country driving

Penalties are increased if you have previously been convicted of violating certain Utah laws or you’re caught committing some crimes related to cross-country driving.

There are many rules and regulations concerning off highway vehicle usage; if you have more questions, don’t hesitate to contact your local governmental entity.

If, perhaps, you’ve been charged with crimes relating to off highway vehicle use, immediately talk to a Utah criminal defense attorney. Don’t assume you have to live with a criminal charge or fine, particularly if you inadvertently disobeyed the law. Call a Utah criminal defense attorney today.

Tags: , , , , , , , , ,
Posted in Utah Legal Definition | No Comments »

Definition of Utah Arrest

May
29
Utah Criminal Defense Blog, on the topic of  Utah Legal Definition
0comment

We frequently hear the term “arrest” but may not be completely aware of what it means or what force can be legally used when making an arrest in Utah.

Photo: A Gude

Photo: A Gude

Definition of Arrest

First, Utah law defines the term arrest as an actual restraint of a person or submission to custody. The law further states that a person shall not be subjected to any more restraint than is necessary for his arrest and detention.

In other words, beating someone until he’s unconscious is probably more than is necessary in most arrest situations.

Who Can Make an Arrest

Both peace officers and regular citizens can arrest someone—under certain circumstances.

A peace officer has the authority to make an arrest with a warrant and sometimes without a warrant. He doesn’t need a warrant if the person commits or attempts to commit a public offense in the officer’s presence. He can also make an arrest if he believes a felony or class A misdemeanor has been committed and has good reason to believe the person arrested committed the crime.

Other situations where a police officer can make an arrest include when the officer believes a person:

• may run or hide to avoid arrest
• might destroy or conceal evidence relating to the crime
• could injure someone or destroy property belonging to another person
• has committed the crime of failure to disclose his identity
• is an illegal alien and needs to be deported, has a warrant out on him or has committed or been charged with aggravated felonies in another state

A private person may make an arrest if the following occurs:

• a public offense attempted or committed in his presence
• a felony, and he believes the person he’s arresting committed the crime

Talk to a Utah criminal defense attorney if you believe you’ve been wrongfully arrested and/or charged with any crime. It’s important to have an experienced legal defender on your side regardless of your guilt or innocence.

Tags: , , , , , , , ,
Posted in Utah Legal Definition | No Comments »

Bold Utah Thief Steals American Cancer Society’s Relay for Life Charity Donations

May
14
Utah Criminal Defense Blog, on the topic of  Utah Legal Definition
0comment

Vernal police are looking for a daring Utah thief who grabbed an American Cancer Society’s Relay for Life bucket in a Walgreens and took off with it—and the donations inside.

Photo: Richard Cocks

Photo: Richard Cocks

Don’t Keep Cash on the Counter

The alleged thief was captured on the store’s video surveillance; he supposedly wandered in and out of the store, loitering around the cash registers until no clerks were around. He then snatched the donation bucket and left the store.

What’s the Difference Between Theft, Robbery and Burglary?

Theft, robbery and burglary are different crimes, but potentially related to one another. There are various types of theft, but a basic definition of theft is:

• Obtaining or exercising control over someone else’s property by deception and with the intent to deprive the person of his property

Robbery, on the other hand, is:

• Using force or fear to take someone’s personal property, either right off their person or in their immediate presence. Robbery is a second degree felony.

You might be guilty of burglary if you:

• Enter a building or dwelling (residence) illegally and remain, with the intention to commit a certain crime. Burglary is a third degree felony if it occurs in a building; it’s a second degree felony if it takes place in a residence.

A person who enters a home and steals the homeowner’s jewelry, for example, will probably be charged with theft and burglary—two separate crimes.

Get the Legal Help You Need

Whether you’re accused of being a Utah thief or some other type of criminal, don’t wait to hire a top Utah criminal defense attorney. It’s in your best interest to have an experienced lawyer on your side, both in and out of the courtroom.

Tags: , , , , , , ,
Posted in Utah Legal Definition | No Comments »

Utah Public Servant Misconduct and Illegal Legislative Bill Alterations

May
07
Utah Criminal Defense Blog, on the topic of  Utah Legal Definition
0comment

Many people serve as public servants throughout Utah, and you can count on the average public servant to do his job well and without misconduct. There are laws, however, to help deter a public servant from doing the wrong thing and ending up with fines or jail time.

Photo: Francisco Osorio

Photo: Francisco Osorio

Official Misconduct—Using Inside Information for Unlawful Acts

A public servant is guilty of committing a class A misdemeanor if he has inside knowledge about an official action or information which he has acquired as part of his office (or from another public servant) and the information hasn’t been made public and he:

• Either acquires or gets rid of any property, transaction or enterprise he has a financial interest in which might be affected by the official action or information
• Speculates or wagers on the basis of the action or information or
• Purposefully helps someone else do any of the above

Alteration of Proposed Legislative Bill or Resolution

This law involves bills presented to and by state senators and legislators. If a draft bill has been presented to the state’s House or the Senate for passing or adoption and the draft bill is fraudulently altered using different language than was intended, the person responsible would be guilty of a third degree felony.

Altering Enrolled Legislative Bill or Resolution

The same charge applies to anyone who alters an enrolled bill or resolution. It’s a third degree felony to make any language changes to an enrolled bill or resolution which has been passed or adopted by the Legislature.

It’s important to remember that even though a person is charged with a crime, it doesn’t automatically mean he’s guilty. Charging someone with a crime more or less gets the legal ball rolling and enables a defendant to hire legal counsel.

Talk to a Utah criminal defense attorney right away if you’re facing criminal charges. It’s never too late to get the legal help you need.

Tags: , , , , , , , ,
Posted in Utah Legal Definition | No Comments »

Invasion of Privacy in Utah. Illegal Hidden Video or Audio Recordings.

May
06
Utah Criminal Defense Blog, on the topic of  Utah Legal Definition
0comment

When you use your cell phone in public, don’t be surprised if others overhear your conversation—that’s not considered illegal invasion of privacy. However, it is possible to be charged with a crime if you do any of the following:

Photo: Peter Hardy

Photo: Peter Hardy

• Trespass on property with the intent to eavesdrop on someone or use other forms of surveillance in an otherwise private place

• Install (in a private place without the consent of the person or people in that place who are entitled to privacy) any device used to observe, photograph, record, amplify or broadcast sounds or events. Putting a tap on someone’s phone or a hidden camera inside a bathroom both qualify as invasion of privacy.

• Install or use (outside of a private place without the person or people’s consent) any device designed to hear, record, amplify or broadcast sounds coming from a place that wouldn’t usually be heard from outside the location. For example, if you hold up a microphone outside your neighbor’s bedroom window to catch any action that might be occurring inside, you’ll be guilty of invasion of privacy.

Penalty for Invasion of Privacy in Utah

Committing invasion of privacy is a class B misdemeanor. If you’re found guilty of committing a class B misdemeanor crime, you could potentially be sent to jail for up to six months.

Talk to a Utah Criminal Defense Attorney

Remember that if you’re charged with a crime, it’s never too late to discuss your case with an experienced Utah criminal defense attorney. You need to have top legal representation to improve your chances of winning any courtroom battle.

Protect your freedom and reputation by talking to a Utah criminal defense attorney today.

Tags: , , , , , ,
Posted in Utah Legal Definition | No Comments »

A Utah Funeral is Serious Business

Apr
24
Utah Criminal Defense Blog, on the topic of  Humor, Utah Legal Definition
0comment

Without poking too much fun at the state legislature, today we’re going to cover a crime that probably doesn’t occur too often—disrupting a Utah funeral or memorial service. Believe it or not, this crime is on the Utah law books, and you could spend time in jail if you’re found guilty of committing this offense.

Photo: GSofV

Photo: GSofV

Disrupting a Utah Funeral

You might be found guilty of a class B misdemeanor if you, with a plan to disrupt the Utah funeral or memorial service, do any of the following during the 60 minutes right before the service starts or in the 60 minutes immediately following the service:

• obstruct, hinder, impede or block another person’s entry to or exit from the memorial site
• obstruct, hinder, impede or block a funeral procession
• make unreasonable noise or
• engage in disruptive activity within 200 feet of the memorial service

Activities to Avoid at a Funeral

We know you can’t wait to find out what “disruptive activity” includes. The law lists:

• a loud or disruptive oration or speech that isn’t part of the memorial service
• displaying a placard, banner, poster, flag or other item that isn’t part of the service
• distributing any handbill, pamphlet, leaflet or other written material or item that isn’t part of the service

Although we don’t recommend it, apparently you can do any of the above-listed things anytime outside the specified timeframe. To be on the safe side, though, keep your disruptive activities to yourself.

Discuss Your Case with a Utah Criminal Defense Attorney

Even though you aren’t likely to be arrested for breaking the Utah funeral and memorial service law, if you find yourself in legal trouble it’s best to talk to a Utah criminal defense attorney.

Get the legal help you need and deserve today.

Tags: , , , , , ,
Posted in Humor, Utah Legal Definition | No Comments »

Committing Mortgage Fraud in Utah

Apr
22
Utah Criminal Defense Blog, on the topic of  Utah Legal Definition
0comment

Have you ever lied on a mortgage application? Maybe you fudged a little on your income or other pertinent information? If so, you may have committed mortgage fraud.

Photo: James Thompson

Photo: James Thompson

What is Mortgage Fraud?

You may be guilty of mortgage fraud if you do any of the following:

• knowingly make any material lie or omission during the mortgage lending process, intending that it be relied upon by a mortgage lender, borrower or any other party
• knowingly use or facilitate the use of any lie or omission during the process when you know that a party involved will rely upon the accuracy of your information
• file or know it will be filed with any Utah county recorder any document you know contains lies, inaccuracies or omissions
• receive any proceeds or compensation in connection with a mortgage loan that you know is inaccurate

Mortgage fraud also includes giving the wrong information for a loan renewal or refinancing. The level of crime you would be charged with depends on the value (total value of property, money, things obtained or sought to be obtained) or reason for committing the fraud.

Class A misdemeanor—value of $500-$1499
Third degree felony—value of $1500-$4999
Second degree felony—value of $5000 or more
Second degree felony—if the reason for the fraud is to gain sensitive personal identifying information (no matter what the value)

If you commit mortgage fraud, you may find yourself facing other civil, criminal and/or administrative penalties as well as the penalties already mentioned.

Hire a Top Utah Criminal Defense Attorney

You deserve to have top legal representation—regardless of your culpability. We believe that any person accused of a crime should have his case tried in court, not in the press or before the trial.

Talk to a reputable Utah criminal defense attorney if you’re facing any criminal charges. You need to have someone who understands Utah law on your side, both in and out of the courtroom.

Tags: , , , , , ,
Posted in Utah Legal Definition | No Comments »

Poaching in Utah

Apr
16
Utah Criminal Defense Blog, on the topic of  Criminal Defense Misc, Utah Legal Definition
0comment

Poaching in Utah is against the law, and people who are found guilty of that crime may find themselves in danger of going to prison as well as paying hefty fines.

Photo: Laramie River Dude Ranch

Photo: Laramie River Dude Ranch

Current Headline on Poaching

Several people are in legal hot water following their poaching escapades throughout Utah. It is a third degree felony to capture, injure or destroy protected wildlife with intentional, knowing or reckless conduct, and all of the individuals arrested pleaded guilty to one or more counts of this crime.

It is also illegal to

• abandon protected wildlife or a carcass
• commit poaching at night with the use of a weapon
• poach for financial gain

It is possible to be charged with a misdemeanor; the criminal charge depends on the value of the animal poached. For example, bighorn sheep, bears and endangered species are (for the purposes of determining criminal culpability) worth $1000 each. Elk or threatened species are worth $750 each and cougars, golden eagles, river otter and gila monsters are each valued at $500.

Mandatory Jail Time is a Poaching Penalty

Part of the state’s mandatory sentencing for third degree poaching includes serving a jail sentence of no less than 20 days, unless the court finds particular reasons why a sentence should be suspended or lessened.

No matter what crime you may be charged with, you need to talk to a Utah criminal defense attorney. It’s important that your interests be protected in any criminal matter, and you can be sure the prosecution won’t be spending a lot of time watching out for you.

That’s where your attorney comes in. Find a reputable Utah criminal defense attorney who will listen to you and fight for your rights. Make the right call today.

Tags: , , , , , , ,
Posted in Criminal Defense Misc, Utah Legal Definition | No Comments »

Criminal Responsibility in Utah. Mental State needed to prove Guilt: Intentional, Willfully, Knowingly, Intentionally and Recklessly.

Apr
05
Utah Criminal Defense Blog, on the topic of  Utah Legal Definition
0comment

We often refer to certain words and phrases on this blog that the courts use to determine criminal responsibility in Utah. Today we’ll explain what those words mean.

Intentionally

• With intent or willfully with respect to the nature of your conduct or to a result of your conduct, when you have the conscious objective or desire to engage in specific conduct or cause a result.

In other words, if you intentionally fire a gun in another person’s direction and kill them, you may be found guilty of murder if a jury believes that you planned to kill the person.

Knowingly

• When you knowingly, or with knowledge, with respect to your conduct or to circumstances surrounding your conduct when you are aware of the nature of your conduct or the existing circumstances.

You act knowingly, or with knowledge, when you are aware that what you’re doing (with respect to a result of your conduct) is reasonably likely to cause the result. If you go up to a person and punch them in the face, you’ll probably be charged with assault because it’s pretty likely you knew that throwing your fist into someone’s face would result in hurting them.

Recklessly

If you are aware that something will most likely happen as a result of your conduct, but you consciously disregard the substantial and unjustifiable risk that the result will occur, you may be guilty of reckless behavior.

Driving under the influence of alcohol could fall under this category. When you get behind the wheel of a car after you’ve partaken of alcohol, making the choice to drive even if you know that you aren’t capable of safe driving, you might be considered reckless.

Criminal Negligence

This part of criminal responsibility can be charged when you do something in spite of the fact that you should be aware of what might occur as a result of your actions. Running a red light and hitting a pedestrian could be criminal negligence because you ought to know the possible consequences of that action, even though you didn’t intend to hit anyone.

Any criminal charge warrants an immediate call to a top Utah criminal defense attorney. The average person isn’t versed in Utah law and won’t know the best way to provide himself with a proper defense. Don’t take chances with your reputation or freedom. Talk to an experienced Utah criminal defense attorney today.

Tags: , , , , , , , , ,
Posted in Utah Legal Definition | No Comments »

Definition of Self Defense in Utah

Apr
05
Utah Criminal Defense Blog, on the topic of  Utah Legal Definition
0comment

A Utah man is currently waiting to find out if the jury in his criminal trial will come back with a guilty verdict for murder or a verdict of not-guilty due to self defense. There are times when it is not only appropriate but also legally acceptable to practice self defense in Utah. Some of those situations include defending yourself, your home or your property.

Photo: Petras Gagilas

Photo: Petras Gagilas

What Happened?

In the case mentioned above, the defendant was arrested following the shooting death of his ex-wife’s boyfriend. The man admits to killing the boyfriend, but insists that he shot the gun in self defense during a scuffle with him. The jury went into deliberations late yesterday afternoon to determine the defendant’s fate.

When You Can Claim Self Defense

It is legal to threaten or use force in self defense or the defense of another person if you reasonably believe that your (or the other guy’s) life is in danger. You cannot use self defense as a reason if you

• Were the instigator of the problem by using force to begin with
• Were attempting to commit, had committed or were leaving after the attempted commission or actual commission of a felony
• Were the aggressor or engaged in combat in agreement with the other person

If you invoke the self defense theory, the court and/or jury has the right to look at the following (in addition to other factors) in determining if a self defense concept is believable:

• The nature of the danger
• How immediate the danger was
• The likelihood that the force would result in serious bodily injury or death
• The other person’s previous violent acts or violent tendencies
• Any patterns of abuse or violence in the parties’ relationship

If you believe that self defense may be a factor in your case, talk to a Utah criminal defense attorney right away. Don’t assume that the truth will automatically come out. It’s in your best interest to get yourself a top defender who will fight for your rights and freedom.

Tags: , , , , ,
Posted in Utah Legal Definition | No Comments »

« Older Entries