President Barack Obama’s position on Medical Marijuana. The following video contains a question and answer session of the President’s drug policy as it concerns Medical Marijuana.
Barack Obama and Medical Marijuana
Jan
14
Clayton Simms, Criminal Defense Attorney, on the topic of Crimes, Utah Crime Related Videos
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Cabin Burglar On the Loose
Jan
11
If you own a cabin, be on the lookout for the cabin burglar. He may break-in, eat your food, sleepover and shoot your walls with his gun. As funny as that may sound, police in three Utah counties are seriously searching for a man that they believe is armed and possibly dangerous.
Photo: Jeramey Jannene
Cabin Burglar Spotted
Law enforcement officials in Kane, Garfield and Iron Counties are aggressively hunting for a man who has been spotted by a security camera outside an individual’s cabin. The man appears to be in camouflage clothes and is carrying a rifle. Police believe that the same man has spent time in various cabins over the past few years, usually during the winter months. When owners return to their cabins in the spring, they find they’ve had an uninvited guest during their absence.
Police are recommending caution if anyone encounters this man. That is sound advice for any break-in, whether it occurs at your home or place of business. It’s better that someone who slept in your bed leave peacefully then that a situation escalates into violence, no matter how wronged a person feels about having his pajamas worn by a stranger.
Burglary in a Dwelling
Burglary committed in a dwelling (home) is usually a second-degree felony. You will likely be considered a burglar by police if you enter a building or remain in a building without permission and intend to commit a felony, a theft, or an assault, to name just a few burglary-related crimes. Second-degree felonies can find you serving a 1-15 year prison sentence.
Criminal Trespass isn’t Burglary
Criminal trespass is also against the law. When a person unlawfully enters or remains in a dwelling, but doesn’t commit burglary, he can be charged with a class A misdemeanor. Class A misdemeanors can carry up to a one-year jail sentence.
Call an Attorney Today
When you find yourself in a legal bind, don’t wait to call an attorney. You will need the advice and expertise a reputable Utah criminal defense attorney has to offer. Don’t take chances with your freedom or your reputation. Contact an attorney right away.
Stabbing at Utah Nightclub
Jan
09
Over the weekend, there was a double stabbing a Utah nightclub which ended with two people in the hospital and an arrest.
Photo: qJake
Stabbing After Groping
Juan Hernandez was arrested after allegedly groping a woman at a Salt Lake nightclub, then stabbing her friend and a security guard when a fight broke out. Hernandez supposedly wanted to dance with a woman, but when the woman refused, Hernandez allegedly grabbed her breasts. The woman’s friends got involved, and before it was over the stabbings occurred.
Friends Jump In
Interestingly, Hernandez apparently ended up with a black eye and possible other facial injuries. There isn’t more information on how he received those injuries aside from the reports of the fight between the friends and Hernandez.
Play It Safe: Go Home and Sleep
The incident took place sometime in the wee hours of Sunday morning. When your mother used to tell you that nothing good happens after midnight, she was probably more right than you-or any of us-would care to admit.
Stabbing = Aggravated Assault
Hernandez is currently sitting in jail while he’s being investigated for sexual battery and aggravated assault. Sexual battery is usually a class B misdemeanor, which is punishable by up to six months in jail. Aggravated assault, on the other hand, is definitely more serious and carries a potentially longer jail sentence. Aggravated assault is a third-degree felony when assault is committed with the use of a dangerous weapon. If serious bodily injury occurs, the charge will increase to a second-degree felony.
Don’t Wait to Hire an Attorney
Call a Utah criminal defense attorney right away if you’ve been charged with any crime or if you’re being investigated for any criminal activity. It doesn’t matter what the circumstances are, you are entitled to a vigorous defense and the opportunity to prove your innocence. Let an attorney help you with any legal difficulties you’re involved in. Make that important phone call today.
Utah Highway Patrol and Salt Lake City Police Execute A Pit Maneuver
Jan
08
Clayton Simms, Criminal Defense Attorney, on the topic of Dealing with Police, Utah Crime Related Videos
Utah Highway Patrol (UHP) and Salt Lake City Police capture a felony fugitive on a Homicide/Murder warrant.
Utah Drug Legalization and Victimless Crimes. Does the Legalization Argument work for Heroin, Cocaine, Meth and Illegal Pills or Just Marijuana?
Jan
05
Do you agree or disagree with the concept of drug legalization, and do you make a distinction between Marijuana and other hard drugs like, Heroin, Cocaine, Meth and illegal pills (Oxycotin, Lortab and Valium). The following is an interesting discussion on Utah drug legalization and victimless crimes by the Sutherland Institute’s Paul Mero.
Offenses Against Property in Utah
Jan
04
The Utah Criminal Code has a section that specifically covers Offenses Against Property in Utah such as: arson, aggravated arson, reckless burning and abandoned fire, just to name a few.
Photo: Ben Watts
Arson
A person is guilty of arson if that individual illegally and purposefully damages-by use of fire or explosives-another person’s property or any property with a plan to defraud an insurance company. The possible charges can be anywhere from a second-degree felony to a class B misdemeanor, particularly depending on the value of damage caused and whether a person was injured.
Aggravated Arson
This type of arson is caused when a person intentionally and unlawfully (by fire or explosives) damages a habitable structure or any structure or vehicle when a person is inside it, and the person is not a party to the arson.
Reckless Burning
Another of the many offenses against property includes reckless burning. Reckless burning can involve an infraction up to a class A misdemeanor:
• Recklessly starting a fire or causing an explosion which endangers human life
• Starting a fire, whether recklessly or not, and not doing anything to attempt to extinguish the fire or giving prompt notice to the appropriate authorities
• Building or maintaining a fire without trying to keep the fire from spreading
• Damaging another person’s property through reckless use of fire or an explosion
Abandoned Fire
If you leave a fire without putting it out or without intention of returning to the fire, it will usually be a class C to a class A misdemeanor. If the fire involved is a wildland fire, the person who started the blaze will also be liable for suppression costs.
If you are charged with any crime, whether it is included in this list or not, please don’t hesitate to contact a Utah criminal defense attorney right away. You need the services a competent, experienced criminal defense attorney can provide.
Couple Sought in Utah Murders
Jan
02
A man and woman are on the loose after possibly murdering two Mt. Pleasant residents and allegedly shooting a West Wendover, Nevada woman in the back of the head.
Utah Murders
Mt. Pleasant Police discovered the Fullwood couple dead in their Utah home this past Saturday evening. They died of gunshot wounds, likely Thursday night or early Friday morning. Police believe that the Utah murders occurred as a result of a random robbery, in spite of the fact that the Fullwoods’ son is a police officer with the West Jordan Police Department.
Carjacking and Attempted Murder in Wendover
Investigators also believe that the couple is responsible for a carjacking that occurred early Saturday morning in Wendover. That carjacking ended with the victim escaping alone in her car, only to be shot in the back of the head by one of carjackers. The victim is in the hospital at this time. The couple was able to escape from the Nevada Highway Patrol and is still at large.
Always Keep Your Doors Locked
A Mt. Pleasant resident commented that people in their town are very friendly and not suspicious, and that residents frequently leave their doors open. Let us take the opportunity to remind you that it is important to always be aware of your surroundings and take the time to lock doors and windows behind you, even if you’re at home.
Contact A Utah Criminal Defense Attorney for Help
Utah murders are, of course, extremely serious crimes. Death penalty cases are rare, but still occur. If you are being investigated for a crime, don’t take any chances; contact a Utah criminal defense attorney right away. You need the advice a respected attorney has to offer.
You are not required to discuss your case with the police first. You have the right to talk to an attorney, and you should take full advantage of that opportunity. You may have made past mistakes, but you still deserve the help an experienced criminal defense attorney can provide you. Make that important phone call today.
Animal Torture Case in Utah
Dec
28
Utah Criminal Defense Blog, on the topic of Utah Crime News
A Midvale man has been charged with animal torture, amongst other crimes, for a December 17 disturbance. Cory Chivers allegedly stabbed his wife and the family dog during a domestic violence situation.
Photo: Edinburgh City of Print
Dog Requires Surgery
The police stopped Chivers as he was walking away from his home on the 17th. His face was apparently covered in blood, and he confessed to police that he had killed his wife. Fortunately, his wife didn’t die from her injuries, but the dog he stabbed had severe injuries, not to mention a broken knife blade stuck in its back when police found it.
According to a vet report, the dog had been stabbed four times prior to the knife blade breaking off in its ribcage. The dog also had a punctured diaphragm and a partially collapsed lung, both requiring surgery.
Animal Torture Charged
Chivers has been charged with several third-degree felonies, including: aggravated assault, animal torture, retaliation and committing domestic violence in the presence of a child. He was also charged with resisting arrest, which is normally a class B misdemeanor.
Animal torture occurs when a person intentionally or knowingly causes or inflicts extreme physical pain to an animal in a particularly heinous, atrocious, cruel or exceptionally depraved manner.
Third-Degree Felony Penalty
When a person commits aggravated cruelty towards an animal, such as by torturing, the charge is usually a misdemeanor. In Chivers’ case, the animal torture was committed upon a companion animal which makes it a third-degree felony. A third-degree felony normally carries a prison sentence of anywhere up to five years.
Domestic violence situations can be complicated and not necessarily one person’s fault, although stabbing anyone or any animal is never going to be acceptable. However, there is help available to people who find themselves in a legal bind.
Don’t hesitate to contact a Utah criminal defense attorney if you are in a difficult legal situation. There is a time and a place for everything, and now is the time to make that important phone call.
Utah Jewelry Store Armed Robbery
Dec
26
Utah Criminal Defense Blog, on the topic of Utah Crime News
In November, we told you about an armed robbery at a jewelry store located in Provo. It’s possible that the same thieves struck again as recently as last Friday night at a jewelry store in Murray. There isn’t any concrete evidence that the armed robbers are one and the same, but the modus operandi does seem similar to the Provo armed robbery.
Photo: North Charleston
Masked Men Invade Jewelry Store
Two days before Christmas and just prior to closing, jewelry store employees were confronted by two men who were masked and armed. The employees were taken to another room in the store after one employee was forced to open the safe. Law enforcement believes that the masked men broke open jewelry cases and took an undisclosed amount of cash from both the safe and cash register.
No Physical Injuries
One employee stated that the entire armed robbery took place in about five minutes and that the thieves got away with at least $150,000 in jewelry. Luckily, neither employee was physically harmed although one robber did threaten to shoot an employee if tried to look at him (the robber).
Haven’t We Seen This M.O. Before?
As occurred during the armed robbery of the Provo jewelry store, it appears that the thieves began their heist at a time they knew the store would be empty of customers and, since it was closing time, they wouldn’t be bothered by anyone trying to come in during the theft.
Armed Robbery is a First-Degree Felony
We want to remind you of what constitutes aggravated robbery, a first-degree felony:
• Uses or threatens to use a dangerous weapon
• Causes serious bodily injury on a person or
• Takes or attempts to take a motor vehicle
Aggravated robbery is punishable by five years to life in prison.
Don’t hesitate to contact a Utah criminal defense attorney if you are being investigated for a crime or if you believe you may be charged with a crime. Do not talk to the police or give a statement of any kind. It’s best to protect your own interests by having an attorney who can advise you and communicate with law enforcement on your behalf.
Mouse Shooting Ends in Rape Arrest
Dec
21
Utah Criminal Defense Blog, on the topic of Constitutional Rights
An arrest in Taylorsville for rape of a child was the end to what began with a man shooting at a mouse. If that sounds bizarre to you, you’re probably not alone.
Photo: Ernst Vikne
Tuesday was a busy night for law enforcement and a medical crew at Paul Kunzler’s Taylorsville home. The events began when one of Kunzler’s three roommates tried to shoot a mouse in the kitchen. Instead of hitting the mouse, a shot went through the wall and struck another roommate who was in the bathroom.
A medical crew and police arrived and the shooting victim was taken to the hospital. While at the home, police discovered a 13-year-old girl hiding in a closet. Reportedly, the girl and Kunzler had been having a sexual relationship for the past four months. Kunzler is currently in jail while being investigated for rape of a child, sodomy of a child and sexual abuse of a child.
Rape of a child is a first-degree felony charge, punishable by 25 years to life in prison. If certain other conditions are met, the person charged could face life in prison without the possibility of parole. Rape of a child is one of the kinds of first-degree felonies where imprisonment is mandatory. Sodomy on a child can result in similar charges to rape of a child; imprisonment is also mandatory. Sexual abuse of a child is generally a second-degree felony, but aggravated sexual abuse of a child would raise the charge to a first-degree felony.
Some basic rules to follow if you are arrested are: don’t talk to police and contact a Utah criminal defense attorney. You are under no obligation to try to explain your situation to law enforcement, and as you will likely be told, anything you say can be used against you. That means exactly what you think it does.
Don’t wait to get legal help if you are facing any criminal charges. You owe it to yourself to have an experienced criminal defense attorney on your side.
