Our holiday card tells the oft-forgotten story about Santa: he is falsely accused of crimes he doesn’t commit. He sneaks into homes every year to deliver presents, not to commit burglary. He loves to spread holiday cheer, not vandalize and graffitti private property. Our card really shows that everybody, even Santa, needs a good criminal defense attorney. Happy Holidays!
Click on the photo to enlarge.
A 75-year-old woman recently pleaded guilty to shooting and killing her husband in 2004. Although she was originally charged with first-degree felony murder, Evelyn Johnson ended up pleading guilty to manslaughter, a second-degree felony.
Photo: Daniel Oines
Johnson allegedly shot her husband several times the day after he had served her with divorce papers. A daughter asserted that Johnson had been abused throughout the marriage to Alan Johnson.
There was a competency question concerning Johnson early on in the case, and she was sent to the state mental hospital. Johnson has been released and is now awaiting sentencing.
With her guilty plea to manslaughter, Johnson likely faces 1-15 years in prison, as opposed to a minimum of 5 years to life in prison. It’s impossible to know what the judge who sentences her will decide is an appropriate consequence. Even though Johnson and her daughter allege that there was abuse, prosecutors noted that there were never any domestic violence reports made to the police during their marriage. However, some spouses (both women and men) keep their silence when there is domestic violence.
If you have been or think you might be charged with a crime, whether manslaughter or something else, it’s important to get legal advice immediately. You needn’t wait until you are arrested to consult with a Utah criminal defense attorney. Let an attorney inform you of your options and do any talking for you. If there are mitigating circumstances in your case, he should be aware of them. Protect yourself and contact an experienced criminal defense attorney today.
‘Friends don’t let friends drive drunk’ took on a new meaning recently when an inebriated man pulled a gun on his friend who was trying to prevent him from driving while intoxicated.
Photo: Ben Hulley
When Jon Sheppard pulled up to his friend’s house, Sheppard was drunk and apparently upset. Sheppard began an argument, then left the house and tried to get into his car. His friend attempted to stop him and was shot at by Sheppard. Fortunately, the round missed the friend but Sheppard allegedly went ahead and fired a few more times at the ground. It took another man to help subdue Sheppard and break up the altercation.
Sheppard has been charged with aggravated assault and intoxication. Aggravated assault is a third-degree felony which can carry a penalty of up to five years in prison. Intoxication is a class C misdemeanor and has the potential for sending a person to jail for up to six months.
The holiday season is a great time to share memorable moments with friends and family. If you know you’ll be in a situation where alcohol will flow, be sure there are enough designated drivers to go around. Normally, it’s a good idea to try and stop someone from driving drunk because lives may be saved. However, if someone pulls a gun don’t wait to call the police.
Keep in mind that there are excellent Utah criminal defense attorneys available to help you regardless of the type of criminal charges you’re facing. Nobody’s perfect, and help is available if you’ve made a mistake. Do yourself a favor and contact an attorney right away.
A Utah criminal defendant, who wears glasses at a jury trial, is more likely to get a not guilty verdict if the crime is a violent crime, but he would be less likely to get a not guilty verdict if the crime involves fraud or theft.
The jury expert conducted research on the affect of wearing glasses for people charged with crimes. The jury expert discovered that wearing glasses increased the perception of “intelligence, dependability, industriousness and honesty.” Those that wore glasses were generally viewed as less threatening, which would be an advantage in crimes of violence, like robbery, kidnapping or assault. However, the advantages of wearing eyeglasses disappears for financial crimes, like mortgage fraud, securities fraud and theft.
A Utah criminal defendant who wears glasses in a fraud or swindle jury trial may be perceived as more intelligent and thus more likely to commit a white collar crime. In a financial crime a jury may determine that a defendant with glasses possesses smarts and skills necessary to carryout a white collar crime.
One of the more fascinating discoveries in the study was at an “attractive” defendant was more likely to rece
ive a not guilty verdict. In addition, attractive criminal defendants received lighter sentences and were punished less severely when they were convicted.
Check out the full article of the art and science behind Eyeglasses and Juror Decisions
If you think supplying alcohol to minors isn’t a big deal, you’d better think again. A former high school teacher and coach has had a warrant issued for her arrest for allegedly giving alcohol to minors while she was still employed by Herriman High School.
Photo: kerinin
The 21-year-old woman is accused of taking 3 cases of beer to a student’s home where at least 5 minors were present. Another student has stated that the woman offered her wine coolers on two different occasions, as well. The former teacher has been charged with five class A misdemeanors—supplying alcohol to minors.
It is illegal to sell, offer to sell or furnish an alcoholic product to a minor. If a person does any of these things without determining whether the recipient is a minor, that person will be guilty of a class B misdemeanor. However, when a person sells, offers for sale or provides alcohol to another individual knowing that he is a minor, that person will be guilty of a class A misdemeanor.
There are a couple of situations when giving a minor alcohol is not against the law:
• by a parent or guardian who gives a minor alcohol for medicinal purposes;
• by a licensed doctor who is authorized to write prescriptions; or
• as part of a religious organization’s religious services.
Class A misdemeanors carry a potential jail sentence of up to one year. A Class B misdemeanor can send a person to jail for up to six months.
It doesn’t matter whether you want kids to think you’re cool or you just don’t see any problem with giving alcohol to minors. Utah law makes it clear that providing alcohol to minors is illegal.
If you’ve gotten into trouble with the law for any reason, don’t wait to call a Utah criminal defense attorney immediately. Defense attorneys aren’t here to judge, just to help you work through your legal jam. Call an attorney today.
An 80 year old woman faces criminal charges and possible jail time for feeding ducks. The 80 year old is charged with trespass and violating a city ordinance prohibiting the feeding of ducks. Should this old lady go to jail for feeding ducks?
The following video examines life behind the bars at the Utah State Prison.
A federal grand jury has handed down an indictment for Colin Rian Manning for his alleged involvement in a Uintah County shooting this past summer that left one man dead and another man injured. Manning’s previously-sealed indictment included charges for second-degree murder, aiding and abetting, assault and use of a firearm—all within Indian Country.
Photo: Justin Henry
Last June, James Edward Carey was killed and Jared R. Hurley was seriously injured when they were allegedly shot by Bruce Silva. Manning is the seventh person charged in this case, but since he is a member of the Ute Indian Tribe, he will be tried in federal court. Manning was interviewed after the shootings, but his whereabouts are currently unknown.
The other individuals in this case, four men and two women, did not receive a federal indictment and will be tried in state court. They have all been charged with murder and attempted murder and are in the Uintah County jail awaiting trial.
In Utah State court, murder is usually a first-degree felony, but the level of charge can vary depending on what is filed by the prosecution. A first-degree felony murder conviction can carry a punishment of 15 years to life in prison.
When a person is charged with murder, they are actually being charged with one kind of homicide. Homicide covers all types of wrongful death situations. Homicide is the “umbrella” under which murder, manslaughter, negligent homicide, et cetera fall.
If you or a loved one has been charged with any type of crime, you need to contact a Utah criminal defense attorney immediately. It is important to have an attorney who can advise you of your rights and speak with law enforcement on your behalf. You needn’t wait until you have been arrested and put in jail. Call a criminal defense attorney today.
The odds are good that most people who intend to commit burglary don’t take along a Sharpie marker in order to write a note. That’s exactly what Fidencio Ulibarri recently did when he allegedly burgled an apartment in Salt Lake City.
Photo: Just Jefa
Ulibarri was standing in front of an apartment whose occupants were out of town when a neighbor noticed him. Ulibarri reportedly told the man that he was a police officer, but the man didn’t believe him.
While the neighbor called the police department, Ulibarri supposedly picked the door lock of the unoccupied apartment. When police arrived, they noticed that the apartment’s door had a reference to being investigated by police on it written with a marker. Police discovered the Ulibarri was in the apartment, allegedly holding a bag of jewelry he’d gathered. The suspect had also written another note with a marker saying that he was there as part of a police investigation.
When police arrested Ulibarri, they found him in possession of a steak knife as well as a Sharpie marker. Ulibarri has previously been arrested for impersonating a police officer. He is currently under investigation for burglary, impersonating an officer and possession of a weapon by a restricted person.
Burglary committed in a dwelling is usually a second-degree felony. Impersonating an officer is a class B misdemeanor, while possession of a weapon by a restricted person can be a class A misdemeanor or a third-degree felony depending on the type of restrictions placed on the individual.
If you’ve ever pretended to be someone else, you’re not alone. However, law enforcement doesn’t take impersonating a police officer lightly. Don’t think that you’re beyond the reach of amendment, though, whether you’re being investigated for burglary or attempted murder. There are criminal defense attorneys in Utah who are willing to help you sort through your legal problems. Call an attorney immediately and get your life back on the right track.
Under regular circumstances, people in Utah who are arrested for a criminal offense shall be admitted to bail, according to Utah law. There are a few exceptions, however, including when a person:
• is charged with a capital felony and the court finds there is enough evidence to support the charge
• commits a felony while on probation or parole or while free on bail awaiting trial on a previous felony charge, and the court finds substantial evidence is available to support the new felony charge
• is charged with a felony that is backed up by evidence, and the court finds evidence that releasing the person would cause serious danger to others or is likely to flee the court’s jurisdiction
• was released on bail, and the court is presented with substantial evidence that the individual violated a condition of their release
The court is entitled to determine whether a person can be released on his own recognizance or is required to post a monetary bail. The court takes into account the following when deciding on the type of release:
• that the accused will appear in court when required
• that the integrity of the court process will be intact
• preventing contact between the accused and any witnesses, if appropriate
• the safety of the public
In a situation involving violation of a criminal protective order, the person arrested may not be released prior to his first appearance in court.
If you are arrested, it is time to hire a qualified Utah criminal defense attorney. In matters of law, you need the expertise and experience a criminal defense attorney can provide. Don’t discuss the charges or any other aspects of your situation with the police. Use your rights, and contact a Utah criminal defense attorney who has a reputation for defending his clients with vigor.
In Trouble? Contact the creator of this blog: Utah Criminal Defense Attorney Clayton Simms at 801-359-0404 
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