State v. Vaughn

Dec

Utah Criminal Defense Blog, on the topic of Utah Court

In State v Vaughn, Raymond Harvey Vaughn appeals two sentences, specifically requesting that the Utah Court of Appeals review two issues: ineffective trial counsel and illegal sentences rendered by the trial court.

Photo: Gerry Dincher

The Backstory

Vaughn pleaded guilty to sexual abuse of a minor in April 2008, a class A misdemeanor. He was sentenced to 365 days in jail, but that sentence was suspended by the court and he was placed on three years’ probation. In October 2009, Vaughn pleaded guilty to enticing a minor over the internet, also a class A misdemeanor.

At a sentencing/revocation hearing in December 2009, Vaughn’s probation was revoked, and he was sentenced to two consecutive one-year sentences at the Utah State Prison. After rendering the sentences, the trial court noted that they would request prison officials to start Vaughn on a rehabilitative program immediately. Vaughn personally expressed his approval of the sentences, stating his desire to get help.

The Next Step

About eight months into Vaughn’s sentences, a review hearing was held. The trial court was advised that Vaughn had not received any treatment while in prison and he wanted to be released. The trial court stated that the case was closed and apparently planned to terminate Vaughn’s sentences.

The Board of Pardons and Parole’s attorney pointed out that the trial court lacked jurisdiction to end Vaughn’s sentences. The trial court acknowledged that point, reinstated Vaughn’s sentences and clarified that he had a year left to serve in prison.

State v Vaughn

In arguing that he had ineffective trial counsel, Vaughn stated that his attorney should not have requested consecutive sentences. However, the Court of Appeals stated that Vaughn’s appeal was untimely because it was filed outside the time period for appeal.

The Court of Appeals also dismissed Vaughn’s claim that his sentences were illegal. They noted that the trial court added the request for rehabilitative therapy in the prison after rendering the sentences. Even though the trial court did not have jurisdiction to require Vaughn receive treatment while in prison, the Court stated that the request didn’t impact Vaughn’s sentences.

Effective Counsel

Even though Vaughn didn’t receive the responses he wanted, he did have the opportunity to make sure that his concerns with the law were reviewed. You should consult with a Utah criminal defense attorney if you believe a case you are involved in needs to be reexamined. Don’t wait and hope that your situation will resolve in your favor. Call an attorney today.

Posted in Utah Court | No Comments »

Automobile Homicide Charges in Utah

Dec

Utah Criminal Defense Blog, on the topic of Alcohol in Utah

A Utah man has been charged with two counts of automobile homicide after the car he was driving smashed into a home and two of the car’s occupants were killed. Investigators think that speed and alcohol contributed to the accident.

Photo: Lee Haywood

The driver, Christopher Youngblood, was in critical condition when he was taken from the scene of the accident but was released from the hospital several hours later. One passenger was ejected from the car at the time of impact, and the other individual was in the front passenger seat.

Automobile homicide is basically a DUI situation where someone is killed. Automobile homicide is normally a third-degree felony, unless the violator has been previously found guilty of a DWI violation, in which case it is a second-degree felony.

A person is guilty of automobile homicide in Utah if he operates a motor vehicle negligently, causing the death of another person and

• has blood or breath alcohol of .08 grams or greater while driving
• is under the influence of alcohol, any drug or both, and is unable to drive safely
• has a blood or breath alcohol level of .08 grams at the time of a chemical test

Utah law states that a person is criminally negligent with respect to circumstances surrounding his conduct or the result of his conduct when he ought to be aware of a substantial risk that the circumstances exist or the result will occur. The risk must be of a nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that an ordinary person would exercise in all the circumstances as viewed from the actor’s standpoint.

Call a Utah criminal defense attorney if you have questions about any criminal charges against you.

Posted in Alcohol in Utah | No Comments »

Sexual Exploitation in Utah

Dec

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

When you view pornography involving a child or vulnerable adult, you are guilty of sexual exploitation in Utah. A Utah man is currently being investigated for allegedly viewing child pornography while on a recent flight from Salt Lake City to Boston. He pled not guilty to the charge while Utah investigators have, with a search warrant, been busy seizing property from his home.

What Constitutes Sexual Exploitation?

Photo: Salvor

A person is guilty of sexual exploitation of a minor if he engages in the following aspects of child pornography:

• Produces pornography involving children
• Possesses child pornography
• Possesses such pornography with the intent to distribute
• Distributes or
• Views child pornography

Additionally, if a parent or legal guardian knowingly allows or agrees to their child’s participation in pornography, that person will be guilty of sexual exploitation of a minor.

The Legal Consequences of Sexual Exploitation

Sexual exploitation of a minor is a second-degree felony. For example, if a person was to purposefully view child pornography pictures and there were three children in one picture, that person could be charged with three separate second-degree felonies. If the individual viewed different pictures involving the same child, every picture of the same child could result in a second-degree felony charge.

Sexual exploitation of a vulnerable adult is very similar to that of a child. A person is considered to be a vulnerable adult if he lacks the capacity to consent to participation in pornography. The charge for sexually exploiting a vulnerable adult is a third-degree felony.

Utah law also specifies that a person accused of sexual exploitation cannot use as a defense that they didn’t know the age of the victim.

If you find yourself in a legal jam, don’t wait to hire an attorney. Remember that a good Utah criminal defense attorney won’t judge you. His goal is to provide you with the best defense possible regardless of the charges against you. Do yourself a favor and call a criminal defense attorney right away.

Posted in Utah Legal Definition | No Comments »

Smuggling Contraband into Jail

Dec

Utah Criminal Defense Blog, on the topic of Crimes, Drugs in Utah

If you’re arrested and you want to make your problems worse, try smuggling contraband into jail. A person who smuggles unauthorized items into any correctional facility or secure area of a mental health facility is guilty of a crime.

Prohibited Items

Photo: Dion Gillard

Some items that are prohibited in jail include:

• Controlled substances
• Alcohol
• Medicine—even if it has been legally prescribed for the person in possession of it
• Poisons
• Any tobacco product or electronic cigarette
• Firearms, ammunition
• Any dangerous weapon

How Much Trouble Will I Be In?

The charges for smuggling contraband into jail depend on the item or substance taken inside. Smuggling cigarettes is a class A misdemeanor. Providing or selling a dangerous weapon to an inmate is a second-degree felony.

In Utah, correctional facilities are considered drug-free zones. The penalty is the same for possessing a controlled substance in jail as in any drug-free zone.

Utah law states that controlled substances smuggled into jail increases the normal charge by one level. If you decide to sneak marijuana into a jail, the charge changes from a class B to a class A misdemeanor. Possession of methamphetamines in jail increases the charge to a second-degree felony.

You won’t be doing yourself a favor if you try your hand at smuggling contraband into jail, whether it’s for yourself or a friend. The odds are good you’ll be caught. After all, the police are not afraid to search everywhere—body cavities included.

Don’t wait to contact an experienced Utah criminal defense attorney if you are facing any criminal charges. There are times in life when you can go it alone, but legal trouble isn’t one of those times. Regardless of your situation, you need to find an attorney you can trust who will provide you with a strong defense.

Posted in Crimes, Drugs in Utah | No Comments »

Video of the Exterior of Utah State Prison at Draper

Dec

Clayton Simms, Criminal Defense Attorney, on the topic of Utah Crime Related Videos

Hopefully you will never see the inside of a prison, but for those of you who are curious the following video is of the exterior of the Utah State Prison at Draper.

Posted in Utah Crime Related Videos | No Comments »

Aggravated Assault Over Naptime

Nov

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

Committing aggravated assault at anytime will likely land you in jail, even if it occurs over a friend playing Goldilocks in your bed.

Photo: The Consumerist

Who’s That Lying in my Bed?

A Utah man was arrested following a shooting incident outside his home. A friend came to visit the man and at some point had a rest in his bed. The man became angry with his visitor and asked him to leave. The friend complied, but that wasn’t the end of the problem.

The man allegedly followed the friend outside and pointed a gun at him. After a verbal exchange, the man shot his friend in the shin and went back into his house. Police arrived, the friend was transported to the hospital and the man was arrested. He’s been charged with aggravated assault, which is a second-degree felony.

What is Aggravated Assault?

A person can be charged with aggravated assault if he uses a dangerous weapon while committing assault. Aggravated assault is generally a third-degree felony unless it results in serious bodily injury, in which case the charge is a second-degree felony. A second-degree felony can carry a prison sentence of 1-15 years.

With the holiday season upon us, it’s important to remember that even though many people love this time of year, it can also be a time of frustration and raised tempers as you associate with family and friends. Try to keep your cool when you’re in the midst of merry-making, particularly if you don’t feel too merry.

Call an Attorney if You’re in Trouble

As always, people can commit acts that are entirely out of character when they become angry. If you’ve experienced this and are facing criminal charges, don’t hesitate to contact a Utah criminal defense attorney. You’ll be glad you did.

Posted in Humor, Utah Crime News | No Comments »

Authority of Utah Board of Pardons and Parole

Nov

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

The Utah Board of Pardons and Parole has the responsibility of determining when and under what conditions a person can:

Photo: Pearl Vas

• Be released upon parole
• Be pardoned
• Be ordered to pay restitution
• Have his fines, forfeitures or restitution remitted
• Have his sentences commuted or terminated

None of the above actions can take place until after a full hearing before the Board or the Board’s appointed examiner in open session.

Notice of a Utah Board of Pardons and Parole Hearing

When the Utah Board of Pardons and Parole sets up an original parole grant hearing, rehearing or parole revocation hearing, the following people shall receive notice of the time and location of the hearing:

• Defendant
• Prosecuting office (county or district attorney)
• Sentencing court
• Law enforcement officials responsible for the defendant’s arrest and conviction
• Victim or victim’s family (whenever possible)

Any decision the Board makes is final and is not subject to review by a judge. Any civil judgment, however, is not affected by the Board’s decisions.

When the Board deliberates on whether to terminate someone’s parole, they shall take into consideration the offense committed by the person on parole, the parole period and other pertinent information.

The Board’s Role in Commuting a Death Sentence

When a person has been sentenced to death in Utah, the Board may consider commuting the death sentence only to life in prison without parole. The only people who can petition the Board for commutation of a death sentence is the person himself or his legal counsel.

If the petition raises a substantial issue which was not reviewed during the judicial process, they may conduct a hearing. The state may present evidence and argument as allowed by the Utah Board of Pardons and Parole at such a hearing.

The Board is not allowed to consider legal issues which:

• Include Constitutional issues
• Have been previously reviewed by the courts
• Should have been raised during the judicial process
• If based on new information, are subject to judicial review

Hiring an Attorney

When a person is seeking parole, pardoning, commutation of a sentence or any of the other issues that the Board of Pardons and Parole considers, he needs to have the expertise of a Utah criminal defense attorney handling his case. There are many variables at play in the legal world, and it takes a person who has had training and experience to navigate them successfully.

Posted in Criminal Defense Misc | No Comments »

Shaken Baby Syndrome in Utah

Nov

Utah Criminal Defense Blog, on the topic of Question

A Utah man was recently arrested for suspicion of felony child abuse after he spent time tending his baby while the mother was out of the home. Although the father stated that the baby had fallen, medical officials do not believe the baby’s injuries were accidental.

Photo: Cary and Kacey Jordan

As always, the father is innocent unless he’s proven guilty in a court of law. Even though this may well have been an accident, sometimes babies are shaken on purpose, a circumstance also known as Shaken Baby Syndrome.

What Causes Shaken Baby Syndrome?

Shaken Baby Syndrome has been the cause of many injuries and deaths throughout the United States. There are different situations that may lead a caregiver to shake a baby, but shaking usually occurs when a baby cries for an extended period.

Most people who’ve been left in charge of a baby for any length of time will agree on at least one thing: babies cry. Sometimes they cry loudly and for a long time. Being a caregiver can be difficult under the best of circumstances, even for individuals with experience handling babies.

How to Avoid Shaken Baby Syndrome

Experts tend to agree that the best way to handle a baby that been crying for a long time, after you’ve taken care of his diapering and feeding needs, is to put the baby down in a crib and walk away. Shaking a baby can lead to brain damage, hearing loss and blindness, to name just a few consequences. Death can occur as well.

If you or a loved one needs legal assistance as a result of any crime, whether it involves Shaken Baby Syndrome or something else, contact a Utah criminal defense attorney immediately. Even if you’ve made a serious mistake, legal help is available to you no matter what you’ve been accused of. Let an attorney help you sort out Utah law and represent your best interests in court.

Posted in Question | Leave a comment ( 1 )

How to Survive Prison: Working or Hustlin’

Nov

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

Working or Hustlin’ in prison is often necessary to earn money for commissary. Prison work is low paying and most always below the minimum wage. Many prisons require inmates to work unless, they are in drug treatment, anger management, sex offender treatment or in college classes. In fact, most prison jobs pay shockingly low wages, which can be less than a dollar an hour.

Extra money for commissary in which an inmate may buy extra food, shampoo or soap greatly impacts an inmate’s life in prison.

Hustlin’ is when an inmate trades services or bargains for something of value. Hustlin’ is prohibited by prison rules, but it goes on everyday. A Hustle may include braiding an inmate’s hair or loaning an inmate a food item and then that inmate pays back that temporary loan with food with a greater value. Working or Hustlin’ is part of the prison culture as explained in the following video:

Posted in Dealing with Police | No Comments »

Utah Credit Card Fraud

Nov

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

Considered by many to be the most wonderful time of the year, the holiday season can be a tempting time to indulge in credit card fraud by folks who don’t have the funds to buy Christmas gifts on their own dime. Avoid making this mistake, and you’ll also avoid potential jail time and other legal problems.

Photo: MoneyBlogNewz

• It is illegal to knowingly use any type of credit or debit card to obtain credit, goods or services.

• It is illegal to falsify any information on an application for credit. That means you can’t ‘fudge’ on your income, even just a little, without committing a crime.

• If you illegally acquire (i.e. steal) a credit or debit card from someone you are guilty of a third-degree felony. You also can’t sell or transfer the information found on a credit card without being guilty of a third-degree felony.

• A person using a scanning device or reencoder to transfer info from the magnetic strip on one credit card to the strip on another card is guilty of a third-degree felony. If a person is convicted under this law once and commits the crime again, he will be guilty of a second-degree felony.

Unless you want to spend your holiday season in jail and explaining to friends and family why they don’t get to keep their presents, don’t mess with credit cards that don’t belong to you. Credit card fraud isn’t worth it in the long run.

However, we understand that people sometimes make unfortunate choices. There is help available for people who’ve run afoul of the law. Take the time to contact a Utah criminal defense attorney if you’re facing any criminal charges. You deserve to have legal assistance, regardless of the choices you’ve made in the past.