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!

Utah College Student Arrested on Campus for Prostitution

A Utah college student was arrested for prostitution over the weekend at her campus dorm room.

Struggling student?

Prostitution

Photo by: Washington County Sheriff’s Office

18 year old Ramajeh Marie Patrick who lives on Dixie State University campus in student housing was arrested March 10th 2017 after a lengthy investigation by campus police. There had been reports of multiple middle aged men seen on campus security footage wandering around campus after hours before ending up in Patrick’s dorm room. During the investigation, an online ad was located in which Patrick advertised prostitution. An undercover officer posed as a John and met Patrick at her dorm room, where she was then arrested by officers on scene for prostitution as well as running a massage business without a license.

Prostitution

Utah Code 76-10-1313 states “A person is guilty of sexual solicitation [prostitution] when the person:
a) Offers or agrees to commit any sexual activity with another person for a fee, or the functional equivalent of a fee;
b) Pays or offers or agrees to pay a fee to another person to commit any sexual activity; or
c) With intent to engage in sexual activity for a fee or to pay another person to commit any sexual activity for a fee engages in, offers or agrees to engage in, or requests of directs another to engage in any of the following acts:
i. Exposure of a person’s genitals, the buttocks, the anus, the pubic area, or the female breast below the top of the areola;
ii. Masturbation;
iii. Touching of a person’s genitals, the buttocks, the anus, the pubic area, or the female breast; or
iv. Any act of lewdness. ( . . . )”

Penalties-expected and unexpected

Photo by: Klaus Pichler

Photo by: Klaus Pichler

Prostitution is a class B misdemeanor, punishable by up to six months in jail and a $1000 dollar fine. Strangely enough, the charge Patrick is facing for giving massages is considered a greater offense. Running a massage business without a license is a class A misdemeanor, punishable by up to a full year in jail and a $2,500 fine; More than double the jail term and fine amount possible for prostitution. The details released of the investigation do not include whether or not Patrick was even being investigated for running a massage business, but she confessed to it as well as prostitution when she was being questioned by campus police. Unfortunately, Patrick’s case is another good example of why it is always best to consult with a criminal defense attorney before admitting to anything.

Watch-Out Fido – Dogs That Move in Danger of Being Shot by Police

A warning for those Utah residents with four legged furry family members, any dogs that move may be in danger of being shot by police.

Geist the dog

Photo by: Jim Bradbury

Photo by: Jim Bradbury

On June 18, 2014 Salt Lake City police officers were searching a Sugar House neighborhood looking for a 3 year old boy who had been reported missing. One officer entered into a latched, fenced yard and encountered a dog instead. The 2 year old Weimaraner dog became startled at the intruder in uniform and ran toward the officer, barking. The officer aimed his weapon and shot the young dog, killing it. The missing child was later found safe and sound at home.

Dogs shot by police

The heartbreaking story of Geist the dog is just one of numerous cases of people’s pets being shot by police even though they were safely secured in their home or yard. One of the most common scenarios in which dogs are shot by police is when officers are executing a search warrant and enter a home without being invited by the residents. Most pets would bark, growl, or even run after someone coming into a house uninvited-especially if they sense their owner’s tensions running high from an unwelcome search warrant.

Photo by: Chris Yarzab

Photo by: Chris Yarzab

Dogs that act like dogs

Regarding the shooting of Geist the dog, a federal judge ruled that the police officer who shot Geist acted appropriately for the circumstances. This same ruling is found often in cases where dogs are shot by police. In December a Michigan couple whose two dogs were shot and killed while retreating to the basement from police was shocked at the federal court ruling. A judge told them if a dog moves or barks, a police officer is allowed to shoot to kill. Any dog who doesn’t bark or move a muscle will not be shot by police; in other words, any dog that doesn’t act like a dog is safe from harm.

Surge of DUI Arrests Anticipated if Lower Blood Alcohol Limit Becomes Utah State law

A bill to lower the blood alcohol limit in Utah could soon become law and will likely result in a surge of DUI arrests.

Utah pioneering the way

Photo by: Nicolas Raymond

Photo by: Nicolas Raymond

Up until now, all 50 states including Utah had a .08% blood alcohol limit for drivers. The only time drivers faced criminal charges for a BAC lower than .08% was if they were active commercial truck drivers who were not allowed to reach or exceed a blood alcohol limit of.04%. Now Utah may be the first state in the nation to decrease the blood alcohol limit beyond the.08% down to .05%. A bill lowering the blood alcohol limit in Utah recently passed the House and was voted 4-2 by a Senate committee. If the bill passes the senate, it will more than likely result in a spike of DUI arrests from those who enjoy a drink after work or with dinner.

Forgo that drink with dinner

Photo by: Daniel Lee

Photo by: Daniel Lee

The blood alcohol limit can vary depending on gender and body weight, as well as other factors. According to the National highway Traffic Safety Administration, if a woman weight 100 pounds and consumed within an hour one 12 ounce beer, a 5 ounce glass of wine, or a single shot of a 40% alcohol spirit, according to the revised law, she would be considered legally intoxicated. A 160 pound man would be intoxicated after consuming two drinks. A single glass of wine or a couple beers are common beverage choices for persons to consume with their meal when dining out or stopping for drinks with friends. Unfortunately since Utah is getting closer to decreasing the blood alcohol limit to .05% if HB 155 passes, restaurants may want to ensure patrons have a designated driver before offering the beer and wine list.

Blood alcohol limit revised

Blood Alcohol Limit

Photo by: West Midlands Police

The revisions to DUI laws that were passed by the House and the Senate Committee are as follows: “ A person may not operate or be in actual physical control of a vehicle within this state if the person:

(a) has sufficient alcohol in the person’s body that a subsequent chemical test shows that the person has a blood or breath alcohol concentration of [.08] .05 grams or greater at the time of the test;

(b) is under the influence of alcohol, any drug, or the combined influence of alcohol and any drug to a degree that renders the person incapable of safely operating a vehicle; or

(c) has a blood or breath alcohol concentration of [.08] .05 grams or greater at the time of operation or actual physical control.”

Along with an increased risk of DUI arrests for social drinkers, the revisions to the DUI laws would mean more people could face automobile homicide charges if they were involved in fatal accidents after having a drink or two. The bill would adjust Utah Code 76-5-207 to state “Criminal homicide is automobile homicide, a third degree felony, if the person operates a motor vehicle in a negligent manner causing the death of another and:
(i) has sufficient alcohol in his body that a subsequent chemical test shows that the person has a blood or breath alcohol concentration of [.08] .05 grams or greater at the time of the test; ( . . . )
(iii) has a blood or breath alcohol concentration of [.08] .05 grams or greater at the time of operation.”

(Near)Zero tolerance for adults

Photo by: Victor

Photo by: Victor

Utah has a zero tolerance law for DUI drivers under the age of 21 and if HB 155 passes, the law for adults would be nearly zero tolerance as well. According to Utah Code 41-6a-505, those found guilty of a DUI (from the new blood alcohol content of .05 % or more) would face:

• 48 hour incarceration or home confinement;

• $700 fine;

• 90 day license suspension;

• Vehicle impound fees; and

• Possible screening, assessment, or educational classes or treatment.

With Utah pioneering a crackdown on any driving after consuming alcohol, it is more important than ever to make sure those facing charges related to driving under the influence are represented by a skilled criminal defense attorney.