Self Defense in Utah

Mar

Utah Criminal Defense Blog, on the topic of Constitutional Rights

A Springville, Utah family is recovering from an episode of self defense that ended in one person’s death—the intruder’s. The Yarringtons were asleep in their home when Armando Martinez Jr. forcibly entered the residence, helping himself to food and Mr. Yarrington’s dry clothing.

At some point Martinez found his way into the Yarringtons’ bedroom where he woke them up and told them to take him to an ATM. Mr. Yarrington went into the closet, ostensibly to prepare to leave with Martinez, but instead retrieved his firearm and shot Martinez. Mrs. Yarrington immediately called 911 and the couple complied with the operator’s requests while awaiting the arrival of law enforcement.

Thankfully, the police are treating this situation as a case of self defense. It’s good to know that in Utah we still have the opportunity to defend our self, our home and our family. It will likely take the Yarringtons time to pull through this very traumatic event, but at least they won’t have to worry about legal repercussions.

Unfortunately, not everyone is so lucky. That’s where a Utah criminal defense attorney can be of great assistance. Even though we do have the right to bear arms, there are instances where individuals will look for someone to take the blame for the loss of human life regardless of the circumstances surrounding the death, even if self defense is involved.

An untimely death of any person is not something to be happy about. Someone will always mourn the deceased. Nevertheless, when a husband and father takes on the serious responsibility to protect his family from imminent harm he should not be prosecuted.

If you’re facing unexpected criminal charges of any nature, whether they concern self defense or another problem, contact an experienced Utah criminal defense attorney today. An attorney will help protect your rights and make certain that your side of the story is made known. Make that important phone call right away.

Posted in Constitutional Rights | No Comments »

Cop Flips Out When Told He Can’t Search Car Without Warrant

Mar

Jesse Nix, Utah Criminal Defense Lawyer, on the topic of Dealing with Police, Utah Crime News, Utah Law

A fundamental right you have from the constitution is the right against an unlawful search. Police cannot just search your home, car, or person without probable cause or your permission. If a police officer asks if he can search your home, car, or person, you should ask them to get a search warrant. Often times, the police are just looking for something else to get you on, so a consent to search allows police to charge you with a crime. Don’t do it! Always ask for a search warrant.

The driver in this video knew his rights and exercised them. Watch how the officer gets unprofessionally angry, but walks away because the driver has the right to say no.

Posted in Dealing with Police, Utah Crime News, Utah Law | No Comments »

Alcohol Laws in Utah

Mar

Utah Criminal Defense Blog, on the topic of Alcohol in Utah, Hiring a Lawyer

Many people who live in Utah or who have visited the state are aware of Utah’s fairly strict alcohol laws. There are several restrictions on when and where alcohol can be served, as well as people that cannot legally get a drink. Some of the alcohol laws in Utah follow.

Photo: Bob B. Brown

Alcohol and Minors

Except for a few, narrow exceptions, Utah alcohol laws completely prohibit serving or providing alcohol to minors. For example, a person who sells or furnishes alcohol to a minor without determining the minor’s age is generally guilty of a class B misdemeanor. If a person sells or gives alcohol to someone he knows is a minor, he will be guilty of a class A misdemeanor.

The exceptions to the rule include giving alcohol for medicinal purposes by a parent, guardian or health care practitioner (who is authorized to write prescriptions), or by a religious leader as part of religious services.

Alcohol and Intoxicated People

It’s a class B misdemeanor to negligently or recklessly give alcohol to someone who’s intoxicated. If you knowingly hand over a drink to an obviously drunk person, you will be guilty of a class A misdemeanor. It may be worth telling your brother “the bar is closed” to avoid a one-year jail sentence.

Alcohol and the Interdicted

An interdicted person in this circumstance is someone who is legally prohibited from consuming alcohol, and it is illegal to provide that individual with alcohol.

Purchasing Beer

The general public is restricted from purchasing beer or heavy beer in containers exceeding two liters.

Alcohol in an Emergency

The governor can declare an emergency in a particular area of state and that no alcohol is to be sold, offered or furnished in that area. Yes, even during happy hour.

Even though some laws may seem obvious, we don’t think it hurts to keep people up-to-date on the rules in Utah, whether alcohol-related or otherwise. Newcomers to the state may particularly be confused by all the alcohol-based restrictions.

Whether you’re a retailer or a consumer, if you find yourself on the wrong side of any alcohol laws in Utah don’t hesitate to contact a Utah criminal defense attorney right away. Prosecutors take their job very seriously and would just as soon see you sent to jail, regardless of your motivations and lack of criminal intent. A criminal defense attorney will also take his responsibility to defend you sincerely and with the strongest intent to prevent an injustice. Get the best legal defense possible. Call a Utah criminal defense attorney today.

Posted in Alcohol in Utah, Hiring a Lawyer | No Comments »

Utah HB 187 Proposes that Taking a Photo of a Cow or an Apple Orchard is a Class A Misdemeanor, Which is Twice the Punishment for a DUI!

Feb

Clayton Simms, Criminal Defense Attorney, on the topic of Utah Law

If you can think of yourself outside enjoying the beautiful Utah scenery and taking pictures of a cow or two, Utah HB 187 may make you rethink pulling your camera out in the first place.

Photo: Mark

What is Utah HB 187?

Utah HB 187 is a bill that recently passed the House that addresses the crime of agricultural operation interference. That mouthful of words aside, Utah HB 187 is supposed to prevent people from causing problems for farmers and ranchers by not allowing anyone to take pictures or recordings of sounds coming from agricultural operations (a.k.a. farms).

Why HB 187 Might Not Work So Well

The problem with Utah HB 187 is that it doesn’t address what happens to the average Joe who unknowingly wanders onto a rancher’s property and takes a fun nature picture of a cow. According to the bill, anyone who knowingly records an image of or sound from an agricultural operation will be subject to a class B misdemeanor at best or a class A misdemeanor at worst. In other words, your cow picture could have you facing up to one year in jail—the equivalent of two DUIs.

The specific language proposed is as follows:

76-6-112. Agricultural operation interference — Penalties.

(1) As used in this section, “agricultural operation” means the commercial production of crops, orchards, aquaculture, livestock, poultry, livestock products, or poultry products, and the facilities, equipment, or property used to facilitate the commercial production.

(2) A person is guilty of agricultural operation interference if the person, without
consent from the owner of the operation, or the owner’s agent, knowingly or intentionally
records an image of, or sound from, the operation:

(a) while the person is on the property where the agricultural operation is located; or

(b) by leaving a recording device on the property where the agricultural operation is
located.

(3) A person who commits agricultural operation interference is guilty of:
(a) for a first offense, a class A misdemeanor; or
(b) for a subsequent offense, a felony of the third degree.

Now what do you think about Utah HB 187? If you have an opinion, call your state representative and senator. Let them know what you think, particularly if you’re not confident that the potential law will have the effect intended.

A Utah Criminal Defense Attorney Can Help

If worse comes to worse and the new legislation passes, keep a couple of things in mind. First, don’t take any animal pictures while you’re out and about. After all, you may be in violation of the law and not even know it, at least not until you’ve been arrested.
Second, if you forget the first rule, keep the number of a good Utah criminal defense attorney handy. You might need it. If you run into legal trouble, a criminal defense attorney can be your best advocate with law enforcement and the court. No matter how innocent your “crime” was, having legal representation can give you the peace of mind you need.

Posted in Utah Law | Leave a comment ( 4 )

Assault by a Prisoner Charge for Drunk Driver

Feb

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

A Utah woman has been charged with assault by a prisoner as well as several other criminal charges after a recent encounter with police. Christy Wilson is facing charges for DUI, retaliation against a witness, assault by a prisoner, sexual battery and attempted sexual battery.

Photo: Tony Alter

When Wilson was pulled over for suspected DUI, she allegedly got physical with police officers, including kicking them and grabbing and/or attempting to grab them inappropriately. Her charges are third-degree felonies and various misdemeanors.

No criminal charge should be taken lightly. The possible jail or prison sentences for Utah felonies and misdemeanors are as follows:

Class C misdemeanor—zero to 90 days in jail
Class B misdemeanor—up to 6 months in jail
Class A misdemeanor—up to 1 year in jail

Third-degree felony—zero to 5 years in prison
Second-degree felony—1-15 years in prison
First-degree felony—5 years to life in prison

Interestingly, assault by a prisoner is a third-degree felony. It’s easy to say that you shouldn’t fight back when in any situation with a police officer or else face potential prison time, but if your senses are dulled by alcohol it may be difficult to use your normal good common sense.

If your senses have been dulled at anytime and you are facing criminal charges now, call a Utah criminal defense attorney. You need to be represented by someone who won’t judge you for your mistakes, but will stand up for your rights and defend you in court. Contact a Utah criminal defense attorney today.

Posted in Alcohol in Utah | No Comments »

Insanity Defense in Utah

Feb

Utah Criminal Defense Blog, on the topic of Question

In Utah, mental illness (sometimes known as the insanity defense) may be a defense against prosecution of any crime if the perpetrator lacked the mental state required to know what he was doing at the time of a crime.

Possible Insanity Defense

In a pending criminal case in Utah, a man accused of murdering his mother is currently in state custody at the Utah State Hospital due to mental illness. Jeremy Huack’s defense attorney notified the state that he is planning to use an insanity defense in Huack’s murder case. Huack’s attorney also noted that his client is capable of submitting to competency evaluations at this time, even though he is currently under medication.

Huack is accused of shooting his mother in 2006 when he was 18 years old. He allegedly put his mother’s body in a freezer and then left Utah, but was apprehended a short time later. Huack may suffer from schizophrenia and some degree of autism. The prosecutor for the case has noted that even if Huack is currently insane, the question would be whether or not he suffered from insanity at the time of the murder.

What Qualifies as a Mental Illness?

Mental illness means a mental disease or defect that substantially impairs a person’s mental, emotional or behavioral functioning. A mental defect may be a something a person was born with, a result of an injury or a residual effect of a physical or mental disease and may include mental retardation.

Hiring an Attorney

If you or a loved one has been charged with any crime and you believe that mental illness is involved, don’t hesitate to call an experienced Utah criminal defense attorney. There are times when individuals do things that they wouldn’t do unless they suffer from a mental illness. Make sure that your rights are protected by hiring a capable Utah defense attorney who will represent your best interests in and out of the courtroom.

Posted in Question | No Comments »

Video Of Utah Police Officers Chase An Alleged Drug Dealer in Heavy Traffic

Feb

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

Utah Police Officers Chase an alleged drug dealer suspect in this video.

Posted in Criminal Defense Misc | No Comments »

Offense Against Public Order and Decency in Utah

Feb

Utah Criminal Defense Blog, on the topic of Utah Law

You are probably familiar with the fact that rioting is against the law in Utah, but are you aware that saying something in order to prevent a meeting’s continuation is an offense against public order and decency? There are several laws in Utah that attempt to discourage any offense against public order and decency, but we’ll cover just a few today.

Photo: Dick O'Brien

What is Public Order and Decency?

The phrase “public order and decency” might be considered a little vague, but could be defined as the legal attempt to maintain a general tranquility and peace amongst all citizens. As previously stated, there are many laws set up to help maintain such tranquility, including laws against: rioting, disrupting a meeting or procession, disorderly conduct and failure to disperse.

Rioting

A person is guilty of rioting if he, with two or more other people, engages in violent conduct that creates public alarm or in order to commit an offense against another person or person’s property. Rioting is a third-degree felony if the rioter is armed, causes substantial property damage or bodily damage, etc. It is a class B misdemeanor otherwise.

Disruption of Meeting or Procession

If you intend to prevent or disrupt a legal meeting, gathering or procession with physical action, words, or otherwise, you will likely be guilty of a class B misdemeanor.

Disorderly Conduct

Disorderly conduct covers problems from intending to cause a public inconvenience and fighting to making unreasonable noises in a public place. Now you know that you’d better keep those unreasonable noises to a minimum. Disorderly conduct is a class C misdemeanor if a person persists in their conduct after being told to stop by law enforcement. Otherwise, it is an infraction.

Failure to Disperse

If you riot, disrupt a meeting or display disorderly conduct and refuse to leave when requested by a police officer, you will probably be cited for failure to disperse, a class C misdemeanor.

Now that you’ve been brought up-to-date on what constitutes a few offenses against public order and decency, hopefully you will also remember that we know everyone makes mistakes from time to time. If you’ve ever been a little riotous or—heaven forbid—made an unreasonable noise in public, and been arrested, don’t hesitate to contact a Utah criminal defense attorney. Let an attorney take care of the legal system for you.

Posted in Utah Law | No Comments »

Automobile Homicide in Utah

Feb

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

Driving under the influence of drugs or alcohol often has the unfortunate side effect of innocent people getting hurt or killed, as was the case in two separate incidents of automobile homicide in Utah last August.

Photo: Justin Cozart

Two Construction Workers Hit and Killed

In August, two workers for the same Utah construction company were hit by different drivers just two days apart. In each case, the construction worker died.

In the first case, the female driver has pleaded guilty to a third-degree felony involving the automobile homicide of Aaron Simms. She has not yet been sentenced, but faces up to five years in prison in addition to fines. She was allegedly under the influence of drugs at the time of the accident.

The other case involves a male driver who struck Linda Potter two days after Simms was hit and killed. The driver did not stop at the scene, but was later apprehended. At the time of his arrest his blood alcohol was over the allowed Utah limit of 0.08. He has been charged with automobile homicide, which is normally a second-degree felony and failure to remain at the scene, a class A misdemeanor. The second-degree felony can result in a 1-15 years prison sentence, while the misdemeanor charge may be worth another year in prison.

Don’t Take Chances; Hire an Attorney

Even if you have been told your case is cut-and-dried, you should always consult with an attorney before talking to police or accepting any plea deals. There may be aspects to your case that you are unaware of, which is where a Utah criminal defense attorney comes in. Make that important phone call and get the legal representation you deserve.

Posted in DUI in Utah | No Comments »

Is Utah’s Bigamy Law Unconstitutional?

Feb

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

Let’s start off by stating that we’re not going to prove whether or not Utah’s bigamy law is unconstitutional in this blog. Utah’s bigamy law has been in question for many, many years, and the answer is clear-cut for some while a little mixed for others.

What is Utah’s Bigamy Law?

The Utah Code states that a person is guilty of bigamy when, knowing he has a husband or wife or knowing the other person has a husband or wife, the person purports to marry another person or cohabits with another person. Bigamy is a third-degree felony.

The Brown Family

There is currently a constitutional case involving the Brown family from Utah County and Utah’s bigamy law. The family’s claim to fame involves being on the television show “Sister Wives.” Before the show aired in 2010, Mark Shurtleff, the current Utah Attorney General, assured the family that they would not be opening themselves up to potential prosecution by the State of Utah. Shurtleff’s position is that he will not prosecute consenting adult polygamists as long as they aren’t involved in other criminal activities.

A federal judge recently removed Utah’s governor and attorney general from the case, but is allowing the lawsuit against Utah County prosecutors to move forward.

The Brown family’s case is considered by some to be very different from another well-known case involving Warren Jeffs. In the Jeffs’ case, he was alleged to have married under-age girls in polygamist situations.

Your Opinion Matters

We like to promote opinions on this blog, particularly as everyone is entitled to his or her own feelings about any given situation. We also like to remind people that regardless of their alleged crimes, every person is allowed to have legal representation in—and out—of the courtroom. The Browns’ are also exercising their rights to request that a law be reviewed. Some laws should be reexamined. Other laws need to be changed.

Call a Utah Criminal Defense Attorney

If you have a case that requires defending, don’t hesitate to call a Utah criminal defense attorney immediately. When you are facing criminal charges, go with an attorney who specializes in criminal defense cases. Take your freedom seriously and contact a Utah criminal defense attorney today.

Posted in Constitutional Rights, Criminal Defense Misc | No Comments »