Salt Lake Criminal Defense Attorney - Clayton Simms

new_clayton_about A criminal charge, whether it is a felony or misdemeanor, can be a life changing event. Clayton Simms is a fierce advocate for people who have been charged with misdemeanor and felony offenses. He represents clients who are facing charges in Salt Lake City and Greater Salt Lake County. In addition, he also represents clients along the Wasatch front. Clayton Simms represents defendants in other crimes Clayton has represented athletes, doctors, lawyers, and other notable people and has been featured on the news. Do you have a legal question? Contact Clayton Simms today!

Felony Discharge of a Firearm – One Charge per Bullet

Two Utah residents are facing 17 counts of felony discharge of a firearm – one charge per bullet, for what authorities are calling a random shooting spree.

Early morning shooting spree

Felony Discharge of a Firearm

Photo by: David

20 year old Murray resident Joseph Villangrana and 23 year old Salt Lake City resident Luis Miguel Valadez are both expected to appear in court next Monday, August 8th after a shooting spree that terrorized a Taylorsville neighborhood. The duo is facing 17 counts of felony discharge of a firearm from a vehicle for firing several random shots without inflicting injury during the early morning hours of July 15th. Nearly a dozen random bullets were reported to hit a home where an unsuspecting family was sleeping, narrowly missing their 2 year old daughter in her crib while other shots were fired at several parked cars as well as at a church window. Authorities aren’t reporting any motive for the shooting and there doesn’t appear to be a specific target.

One felony discharge of a firearm per bullet

Utah Code 76-10-508.1 states that “a person who discharges a firearm is guilty of a third degree felony punishable by imprisonment ( . . . )” if: the unlawful discharge of a firearm is directed at a person, or at a home or a vehicle “with intent to intimidate or harass another”. Some may argue that it was one shooting spree, therefore one felony discharge of a firearm for each defendant or even one felony for shooting the home, one for shooting the vehicles, etc. According to the exact text however, this section of Utah code applies per firearm discharge, therefore per each shot, resulting in one felony per bullet. For more information on firearm charges or other violations and whether or not they can be merged with similar charges, contact a knowledgeable criminal defense attorney.

Medical Marijuana in Utah

The acceptance of medical marijuana as a viable option for treatment of several diseases and illnesses is increasing around the nation, yet some states such as Utah are still not sold on allowing complete use of the herb for medical use because of the psychoactive high that can accompany it.

Observed side effects

Medical Marijuana

Photo by: Chuck Grimmet

Medical marijuana has been a hot topic of studies for decades and there have been observed health benefits for those suffering many ailments. While some components of medical marijuana are gaining favor in the health field, one questionable side effect continues to be difficult for experts to ignore. What is likely deterring law makers from completely legalizing medical marijuana use in Utah is the psychoactive “high” that is often accompanied by red eyes, dry mouth, decreased cognitive function, and an amplified desire for food (otherwise known as the munchies).

Tetrahydrocannabinol (THC)

There are two different chemicals in marijuana that have medicinal uses. THC or tetrahydrocannabinol is the chemical in marijuana that gives users a “high” yet this same chemical that causes a temporary high has been shown to be highly effective at relieving symptoms for those suffering with:
• Chronic pain
• Asthma
• Insomnia
• Glaucoma
• Arthritis
• Lupus, and
• Decreased appetite
Even though THC has been proven to be extremely beneficial in the medical field, law makers in Utah have yet to allow its use due to the psychoactive properties. This can be frustrating for many sufferers of the above ailments, yet fortunately not all uses of medical marijuana are banned in Utah.

Cannabidiol (CBD)

Photo by: James Pallinsad

Photo by: James Pallinsad

The second chemical found in medical marijuana is cannabidiol or CBD which does not produce a high, yet is still successful at helping those suffering from:
• Autism
• Anxiety
• Multiple Sclerosis
• Schizophrenia
• Epilepsy, and
• Dravet’s syndrome
Combined with THC, CBD may also be used for those struggling with:
• IBD or Crohn’s disease
• PTSD
• Muscle spasms and tension, and
• Nausea
Currently, Utah’s medical marijuana laws only allow individuals with severe epilepsy to legally use the non-psychoactive CBD extract after first procuring it from a different state. Those suffering with chronic pain or other ailments continue to be disappointed with Utah’s strict laws on medical marijuana, however there is hope on the horizon for allowance of CBD for other ailments as well as the medical use for THC.

Possible change in store for Utah’s medical marijuana laws

After a lack of funds caused bills legalizing medical marijuana to die before ever reaching a vote, One Utah lawmaker, Rep. Gage Froerer, R-Huntsville is planning on sponsoring a bill that allows the use of medical marijuana for a wider range of illnesses which would allow strains containing both CBD and THC chemicals to be used. In case Froerer’s bill doesn’t pass, other legislative leaders are working to put a new initiative on the 2018 ballot while ensuring there is funding to support such an initiative.

Will Utah relax its stance on medical marijuana?

Photo by: David Trawin

Photo by: David Trawin

Currently, 25 states along with the nation’s capital allow the full use of both chemicals in marijuana to be used for medical reasons with a doctor’s prescription. In time there is hope that the remainder of the states will relax their stances regarding the use of marijuana to medical purposes. Until then, Utah residents are warned to refrain from possessing marijuana or visiting neighboring states which may have more lenient laws regarding marijuana use. Utah continues to carry strict penalties for simple possession of marijuana along with charges for individuals traveling from other lenient states with marijuana in their system. For more information on crimes related to marijuana use for medicinal and recreation use, contact a criminal defense attorney.

Penalties Increased for Flying Drones over a Wildfire in Utah

Following repeated disruptions to wildfire suppression in southern Utah, lawmakers have increased penalties for flying drones over an active wildfire and authorities now have permission to disable or destroy the pesky unmanned aircraft.

Saddle Fire

U.S. Fish and Wildlife Services

U.S. Fish and Wildlife Services

A lightning strike on a mountainous ridge southwest of the small town of Pine Valley, Utah started a fire that has now been burning for over a month, threatening residents and destroying nearly 2,300 acres of coniferous trees in the Dixie National Forest. While the blaze was naturally occurring and not human-caused, someone has repeatedly slowed fire control efforts and put homes and lives at risk by flying hobby drones nearby.

Safety risk

Drones above Wildfire

Photo by: Tony Alter

When a drone is spotted near a wildfire, attending fire crews will ground all aircraft needed to fight the blaze. This is due to the risk of the unmanned drones colliding with a human occupied fire control aircraft and damaging a helicopter’s rotor blades or being sucked through the intake. Any collision of the two aircraft would risk the safety of the individuals flying the helicopter along with those on the ground.

Every minute counts

Photo by: Texas Military Department

Photo by: Texas Military Department

Every minute counts when fighting wildfires. When fire suppression aircraft are grounded even for a brief amount of time, wildfires can shift and grow rapidly which further hinders any chance of containment. The containment of the Saddle Fire in southern Utah has seen multiple delays due to drones flying in the restricted area. Following the first delay the fire grew and moved quickly, causing an evacuation order to be issued for the residents in Pine Valley. Following these and many other wildfire suppression delays, laws have now been changed.

Penalties for drones near wildfires

Photo by: Bureau of Land Management

Photo by: Bureau of Land Management

The drone bill HB0126 signed last Wednesday now allow authorities to jam a drone’s signal to bring it down and increase charges to: a class B misdemeanor for flying in a restricted wildfire area; a class A misdemeanor if fire crews have to ground an aircraft; a third degree felony if a drone collides with an aircraft; and a second degree felony if a drone causes a fire suppression aircraft to crash. Utah Gov. Gary Herbert tweeted the following statement following the bill signing: “Today’s special session vote sends a strong message to Utahns that we will not tolerate reckless drone interference near wildfires.”