Former Utah Teacher Convicted of Sexual Abuse of a Student Arrested for Probation Violation

A former Utah teacher convicted of sexual abuse of a student was arrested this month for probation violation as well as charges of drug distribution.

Drug distribution charges

29 year old Sarah Lindsay Lewis, a former Spanish Fork high school teacher arrested last year for unlawful sexual activity with a minor was arrested again; this time for dealing methamphetamine out of her car. Earlier this month, Lewis was apprehended by the Major Crimes Task Force with drug paraphernalia and enough methamphetamine to generate distribution charges.

Probation violation

Lewis was previously arrested in January 2017 for unlawful sexual activity with one of her students at a high school in Spanish Fork, Utah. Although she is not facing additional sex abuse charges, she was found to be in violation of her probation and sentenced to three days in jail. According to the Utah Department of Corrections all probationers, regardless of what previous crime they were convicted of, are to abide by the standard conditions of probation which include:

• Permitting visits to home, work, and elsewhere;
• Report as directed and stay in Utah and at established residence if ordered to do so;
• Obey all laws;
• Not possess any weapons;
• Permit searches;
• Not associate with others involved in criminal activity;
• Obtain and maintain employment;
• Be cooperative and honest with AP&P;
• Pay supervision fee;
• Submit DNA;
• Comply with curfew;
• Comply with Case Action Plan; and
• “Abstain from the illegal use, possession, control, delivery, production, manufacture or distribution of controlled substances (58-37-2 U.C.A) and submit to tests of breath or body fluids to ensure compliance with the Probation Agreement.”

Penalties for violating probation

There are additional conditions that are added for those convicted of gang related crimes or sex offenses, but the standard conditions apply to all probationers. Those who violate the conditions of their probation may face immediate arrest and a hearing where their probation may be “revoked, modified, continued, or reinstated for all or a portion of the original term” as stated by Utah Code 77-18-1. Those facing probation violations are encouraged to obtain legal defense counsel prior to this hearing where the fate of their probation is decided.

Utah Inmates Allowed Release to Attend Family Funerals

Inmates who are incarcerated in Utah may be eligible for early release to attend the funeral of a family member if certain criteria are met.

Incarcerated and isolated

Photo by: marina

Utah inmates, especially those incarcerated several hours away from home often feel cut off with their only communication being in the form of phone calls, edited mail, and the occasional supervised visits (if their family is able to travel). When the death of a family member occurs, inmates may feel at a loss as to how they can be there to console and grieve with their loved ones.

Death of a family member

While most inmates remain incarcerated throughout their entire sentence unless out early on parole, the death of a family member could open a temporary window for an inmate to be eligible for early release. There are certain criteria that must be met in order for the inmate to be released to attend a family funeral however.

Guidelines for early release

According to the State of Utah Board of Pardons and Parole, “The board will not consider inmate requests for early prison release to attend the funeral of a family member unless all of the following conditions are present:

Photo by : Don LaVange

• The inmate is within 120 days of his/her parole or termination date.
• The current incarceration is for a non-violent offense (or offenses).
• The institution does not consider the inmate a disciplinary problem.
• The funeral is for an immediate family member, which may include:
– Parent
– Step-parent
– Spouse
– Child
– Sibling
– Grandparent
– Grandchild
• The inmate or someone on his/her behalf, provides proof of the family member’s death/funeral.
• All phone calls/inquiries related to early release for funeral attendance shall be routed to the H.O.O.D. [hearing officer of the day] who shall review the circumstances and route the matter to the Board after determining that the above-referenced conditions are met. ( . . . ).”

Family members who believe their incarcerated loved one may be eligible for release to attend a funeral are encouraged to check the required conditions and contact the AP&P immediately.

Life After a Conviction: Collateral Consequences After Being Released

Ex-convicts who have been arrested and sentenced in Utah may face what are known as collateral consequences after being released back into the community; making life after a conviction miserable for those attempting to rebuild their lives.

Criminal penalties and time served

Photo by: Blogtrepeneur

Every crime that is committed is countered with legal ramifications that range from probation and community service to a hefty fine and predetermined stint behind bars. Criminal penalties are a direct consequence of a conviction and can vary depending on what law has been broken and whether or not there are multiple charges or subsequent offenses. Once a defendant is sentenced for their wrong-doing, they then carry out their sentence as a sort of legal penance for their misconducts.

Almost free – AP&P

Often when someone has been sentenced or following a period of incarceration, they are sometimes released early on what is known as either probation or parole; both of which grant a convicted person restricted freedom. There are special conditions attached to being on probation and parole that a convicted individual must follow in order to retain their pseudo independence and work towards their complete release. According to the Utah Department of Corrections, the conditions of probation and parole may include:

• Abstaining from controlled substances and submitting drug tests when requested;
• Refrain from owning any dangerous weapons;
• Not associate with those who are involved with criminal activity;
• Obeying curfew that is set by the AP&P officer; and
• Allowing AP&P officers to visit the offender’s home or work to ensure they are abiding by the rules associated with probation or parole.

Parole conditions also include:

• Living only at an approved residence;
• Obtaining permission before leaving the state;
• Maintaining regular full time employment; and
• Allowing random searches of their person or belongings.

AP&P officers enforce these strict rules and expect regular reporting by offenders until their time on probation and parole are finished.

Life on the outside

Photo by: Hartwig HKD

After completing a stint behind bars or following a successful period on probation or parole, a person who has been legally convicted of a crime is then released back into the community and expected to try and live a normal life. Returning to the free world after a lengthy period of time can be a difficult experience for ex-convicts however. They are often returning to lost jobs and/or homes as well as broken families and public shame. If this isn’t enough, ex-convicts also face what is known as collateral consequences of their conviction that make life after release even more unbearable.

Collateral consequences – civil punishment after release

According to the National Institute of Justice, “Criminal conviction brings with it a host of sanctions and disqualifications that can place an unanticipated burden on individuals trying to re-enter society and lead lives as productive citizens.” These unfamiliar burdens post-conviction are known as collateral consequences. Collateral consequences are civil penalties carried out by the state that are not always mentioned in court. NIJ also stated that collateral consequences “attach not only to felonies and incarcerated individuals but also to misdemeanors and individuals who have never been incarcerated.” Some collateral consequences are well known such as convicted felons not being able to possess firearms or serve on a jury. Others are unexpected and not reserved only for felons.

The harsh reality post-conviction

Photo by: Kathryn Decker

The Utah Sentencing Commission released a document in 2014 that lists 15 difference areas of life that will be affected by having a criminal record. They also listed the the amount of collateral consequences for each area:

Area and number of collateral consequences

• “Employment                                                     435
• Occupational and professional licensing  273
• Business licensing and property rights     234
• Government programs                                     14
• Government loans and grants                         3
• Judicial rights                                                      21
• Government benefits                                         7
• Education                                                             18
• Political/civic participation                            68
• Housing                                                                22
• Family/domestic rights                                   35
• Recreational license/firearms                       20
• Registration and residency restrictions     63
• Motor vehicle licensure                                   41
• General relief provision                                  20
Total                                                                   1,274

Every one of these areas that are critical to living a normal life is affected when a person is a convicted felon. Surprisingly, 12 out of 15 listed areas have collateral consequences for those who have simple misdemeanor conviction on their record.

Legal counsel

It is vital for anyone facing criminal charges to know the ramifications that any charge can carry, whether those implications are criminal penalties or collateral consequences. Before pleading guilty or accepting a plea bargain, discuss all possible criminal and collateral consequences first with an experienced a criminal defense attorney