Utah DUI Violation Penalties

Apr

Utah Criminal Defense Blog, on the topic of Criminal Defense Misc, DUI in Utah

Since a lot of people like to drink a nice cold beer or glass of wine from time to time, it’s good to be reminded of what the penalties are for being found guilty of a Utah DUI. Those consequences can be quite severe, and it doesn’t take much alcohol in your blood stream to be considered under the influence in Utah.

Photo: nerissa’s ring

How Much Alcohol is Necessary for a Utah DUI?

You are not legally allowed to operate a vehicle in this state if any of the following occur:

• If your blood or breath alcohol concentration is .08 grams or greater at the time of a chemical test or
• If you are under the influence of alcohol, any drug or the two combined and it’s determined that you can’t operate a vehicle safely or
• If you have a blood or breath alcohol concentration of .08 grams or more at the time of operation or actual physical control of a vehicle

Penalties for Utah DUI

Most first time Utah DUI offenders are charged with a class B misdemeanor. The charge increases to a class A misdemeanor if you

• Inflict bodily injury upon someone as a result of your negligent behavior
• Have a passenger under 16-years-old at the time of the offense
• Are 21-years-old or more and have a passenger under the age of 18 in your vehicle

You may be charged with a third degree felony if you cause serious bodily injury on someone else or if you’ve had two or more prior convictions which are within 10 years of:

• The current conviction or
• The time of the offense for the current conviction or
• A conviction of automobile homicide or
• A felony violation for a Utah DUI

As you can see, the laws concerning DUIs in Utah can be complex and confusing, particularly to the average citizen. That’s why you should immediately discuss your case with a Utah criminal defense attorney if you’ve been charged with a Utah DUI or any other crime.

It’s in your best interest to have a reputable legal expert on your side in any criminal matter. Make the right move and talk to a Utah criminal defense attorney today.

Posted in Criminal Defense Misc, DUI in Utah | No Comments »

Mormon Priest Uses Samurai Sword to Ward off Attacker

Apr

Clayton Simms, Criminal Defense Attorney, on the topic of Criminal Defense Misc

Amazing Animated Video of Mormon Priest using a Samurai Sword to Ward off an Attacker. Bishop Kent Hendrix saved his female neighbor from an attacker.

Posted in Criminal Defense Misc | No Comments »

Exotic Snake Collector Charged with Misdemeanor

Apr

Utah Criminal Defense Blog, on the topic of Criminal Defense Misc

A Cottonwood Heights exotic snake collector was recently issued a class C misdemeanor by the city because he didn’t have an exotic pet permit. Admittedly, Thomas Cobb does have a rather large collection of boa constrictors—29 to be exact. However, Cobb didn’t know that was against the law.

Photo: William Warby

Be On Alert for Exotic Snake Tubs

An unidentified neighbor of Cobb’s called the police after spotting Cobb cleaning a tub for some snakes out on his lawn. When Cottonwood Heights police arrived, Cobb showed them where the snakes live in his basement. Don’t worry; the boas aren’t milling about, slithering freely all over the floor, just waiting for the opportunity to escape through an open window. According to reports, they live in clean cages and Cobb takes good care of them.

Cobb was given one week to get rid of all the snakes but one, since the city’s law supposedly only allows a person to keep one exotic animal at their residence.

Cottonwood Heights does have an ordinance concerning exotic animals. It does say that a person cannot keep an exotic animal unless he has a permit. The ordinance also states that the person must:

• demonstrate sufficient knowledge of the species to provide adequate care
• present proof of adequate caging appropriate for the species
• present proof that the animal poses no threat to the health and safety of the community should it escape

What to do with 28 Exotic Snakes?

Considering that Cobb built the room where the snakes live specifically for their needs, it will be difficult for him to find other living arrangements for 28 boa constrictors easily. He did note that he may hire an attorney and take the matter to court.

If you’ve been mistreated by the law and are in need of legal help, don’t wait to talk to a Utah criminal defense attorney. You deserve to have your rights protected, because even if you’re accused of a crime we believe that the legal system still says you’re innocent unless you’re proved guilty.

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A Utah Funeral is Serious Business

Apr

Utah Criminal Defense Blog, on the topic of Humor, Utah Legal Definition

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

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.

Posted in Humor, Utah Legal Definition | No Comments »

State v Brown – Utah Court of Appeals Motion

Apr

Utah Criminal Defense Blog, on the topic of Utah Court

A man sentenced to prison in 2011 recently filed a sua sponte motion for summary disposition with the Utah Court of Appeals in the matter of State v Brown.

State v Brown

The case involves Keith Brown, who pleaded guilty in February 2011 to sodomy and sexual abuse of a child. Brown was appealing the district court’s denial of his motion to set aside his guilty pleas.

A verdict can be appealed to the Utah Court of Appeals under certain circumstances; however, the defendant carries the burden of proving his case.

In its decision, the Court of Appeals stated that Brown had not filed his motion in a timely manner, noting that a request to withdraw a guilty plea needs to be made by motion before the judge announces the sentence. When a motion to withdraw a guilty plea isn’t made in the appropriate time frame, the defendant loses his right to challenge the validity of the guilty plea on appeal.

The Court of Appeals’ Decision

The Court of Appeals denied Brown’s motion, stating that they did not have jurisdiction to review whether or not the district court made any mistakes in denying the motion for misplea. Brown will continue serving his sentence as previously given.

A benefit of the judicial system is that people who are found guilty of a crime often have the opportunity to appeal that conviction, or at least aspects of the conviction. Another advantage of the judicial system is that everyone is entitled to legal representation.

That is where a good Utah criminal defense attorney comes in. Regardless of the charges against you, don’t hesitate to talk to an experienced attorney who has a history of winning his clients’ cases. If you are facing criminal charges, you need the services of a top Utah criminal defense attorney who will fight hard to protect your rights and freedom.

Posted in Utah Court | No Comments »

Committing Mortgage Fraud in Utah

Apr

Utah Criminal Defense Blog, on the topic of Utah Legal Definition

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

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.

Posted in Utah Legal Definition | No Comments »

2.5 Pound Joint Taken by Police at College 4/20 Festival

Apr

Clayton Simms, Criminal Defense Attorney, on the topic of Dealing with Police, Drugs in Utah

Amazingly the police noticed the 2.5 pound joint at the UC-Santa Cruz 4/20 Smoke Out Festival. Even Wiz Khalifa, Bob Marley and Willie Nelson together couldn’t handle a 2.5 pound joint. Unfortunately for the owner the value of a 2.5 pound joint is over $5,000.00, and he probably isn’t getting his marijuana back from the police.

Posted in Dealing with Police, Drugs in Utah | No Comments »

Armed Shoplifter Eludes Authorities

Apr

Utah Criminal Defense Blog, on the topic of Utah Crime News

Authorities are still looking for an alleged shoplifter who pulled a knife on Walmart security employees back in March.

The Midvale store reported that the person appeared to be shoplifting and was approached by security. At that point he brought out a knife and managed to get out of the store. He seemed to be in his late teens or early 20s. Walmart recently released security video footage, hoping to get help in identifying the culprit.

Shoplifting isn’t Good, but Aggravated Robbery is Worse

Although you shouldn’t be a shoplifter, it’s probably safe to say that pulling a knife on someone is infinitely more serious than pocketing some merchandise. In fact, it’s possible to be charged with aggravated robbery if the following circumstances occur during a robbery:

• a dangerous weapon is used or threatened to be used
• serious bodily injury upon another person occurs
• an operable motor vehicle is taken or attempted to be taken

Aggravated robbery is a first degree felony. Keep in mind that being convicted of a first degree felony can come with a prison sentence of 5 years to life.

What to Look for in a Utah Criminal Defense Attorney

No matter what crime you may be charged with, we’re here to help. If you’ve been arrested or are being investigated for committing any crime, now is the time to talk to a Utah criminal defense attorney.

You should look for an attorney who fights aggressively for his clients, both in and out of court. Your attorney needs to treat your case as importantly as the next guy’s. You shouldn’t hope that the court will find in your favor; you need to protect yourself and your rights by having the best legal representation you can find.

Look out for yourself. Contact a Utah criminal defense attorney today.

Posted in Utah Crime News | No Comments »

Poaching in Utah

Apr

Utah Criminal Defense Blog, on the topic of Criminal Defense Misc, Utah Legal Definition

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

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.

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

Threat of Terrorism in Utah

Apr

Utah Criminal Defense Blog, on the topic of Crimes

With the events at the Boston Marathon today on many people’s minds, it’s a good time to review terrorism and what penalties apply to folks who threaten terrorism in Utah.

Photo: The Consumerist

If someone threatens to commit any act of terrorism in Utah, he may have more to contend with than just Utah authorities. The odds are good that federal law enforcement would descend on the state rather quickly—especially if the threat is carried out.

Threatening Terrorism is a Crime

It is a crime to threaten to commit a terrorist act. If you threaten to commit any offense involving bodily injury, death or substantial property damage

• By using a weapon of mass destruction or
• By using a hoax weapon of mass destruction or

if you try to

• Coerce or intimidate a civilian population or to influence or affect the conduct of government or a unit of government
• Prevent or interrupt the occupation of a building where the public has access (or a portion of the building) or a facility or vehicle of public transportation or
• Cause action of any nature by an official or volunteer agency organized to deal with emergencies

you may be guilty of threat of terrorism. Depending on which part of the law you break, you may be charged with a second degree or third degree felony.

In case you think that it’s okay to make a terrorist threat that you don’t try to carry out or aren’t able to carry out, think again. You can’t use that as a defense. Also, if you threaten terrorism and carry out your plan, you can be punished for both the threat and any additional crime that you commit.

You also will be required to reimburse any agencies involved for their expenses and losses incurred as a result of your actions.

Consult with a Utah Criminal Defense Attorney

We highly recommend that you avoid making terrorist threats and carrying them through. Nevertheless, we are here to help anyone accused of a crime—no matter how serious—in Utah.

Talk to an experienced Utah criminal defense attorney right away if you’ve been arrested or are being investigated for any crime. It’s never too late to get the legal help you need and deserve.

Posted in Crimes | No Comments »