Posts Tagged ‘arrest’

Keep Your Vomit to Yourself in Utah

Feb
11
Utah Criminal Defense Blog, on the topic of  Humor, Utah Law
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The Utah Legislature is looking at modifying a section of the Utah Code to include keeping your vomit out of a police officer’s face unless you want to be charged with a third degree felony.

Photo: m.a.r.c.

Photo: m.a.r.c.

Propelling a Substance or Object

It is already a class A misdemeanor to propel any substance or object at a peace or police officer in Utah, but the law may soon be even more strict. You might find yourself on the wrong end of a third degree felony if the substance or object you hurl at a police officer is:

• Blood
• Urine
• Fecal matter
• An infectious agent or material carrying an infectious agent
• Vomit or a material that carries vomit
• Saliva, when the individual knows that he is infected with HIV, hepatitis B or C

and the substance or object comes into contact with the officer’s face, including eyes or mouth, or any open wound.

Additionally, you could be charged with a crime under this law as well as any another offense that is distinguishable from this particular crime.

Talk to Your Legislator

If you think that the punishment for hurling a bit of vomit doesn’t fit the crime, let your local legislator know. Remember that if you’re found guilty of a third degree felony you could go to jail or prison for up to five years.

Suck it Up and In and Call a Utah Criminal Defense Attorney

The bottom line is to keep all your bodily fluids and discharges to yourself. Even if you’re sorely tempted to let it all hang out, doing so on a police officer’s face isn’t the answer. Swallow your pride—and your vomit—and don’t say a word. Make your jailhouse phone call valuable by contacting a Utah criminal defense attorney as soon as possible. Let your attorney do the talking for you. It may be your best decision yet.

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Posted in Humor, Utah Law | No Comments »

Happy Holidays from Salt Lake Criminal Defense!

Dec
13
Utah Criminal Lawyer, on the topic of  Crimes, Dealing with Police, DUI in Utah, Humor, Utah Law
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Posted in Crimes, Dealing with Police, DUI in Utah, Humor, Utah Law | No Comments »

Utah Home Invasion Results in Arrests

Nov
21
Utah Criminal Defense Blog, on the topic of  Hiring a Lawyer, Utah Crime News
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Two men have been arrested following a home invasion in the Midvale area. The men allegedly came up to a man outside a home and forced him into the residence. Once inside the home, they are accused of beating up the men and stealing numerous items from the homeowner—including his car.

Suspects Facing Multiple Felonies

The two men were both arrested later that day, one in an apartment (with the stolen car in the parking lot) and another in a vehicle with drug equipment. The alleged thieves are currently in jail, having been charged with aggravated burglary, aggravated robbery, attempted aggravated kidnapping and theft by receiving stolen property.

Home invasion isn’t a specific crime listed on the Utah law books, but other crimes may occur during the home invasion. The first two charges listed above are both first degree felonies, punishable by five years to life in prison. The last two charges are second degree felonies, which may carry a 1-15 year prison sentence.

You Deserve the Help of a Top Utah Criminal Defense Attorney

These men have been charged with serious crimes, so hopefully they will take care to get much needed expert legal advice from a top Utah criminal defense attorney. Keep in mind that you don’t need to being facing felonies to benefit from the services of an attorney. Regardless of the charges against you, you need and deserve to have the best legal representation possible.

People make mistakes every day, but still deserve to have an opportunity to be defended in court. Don’t try and handle your own case. Do yourself a favor and contact an experienced Utah criminal defense attorney today.

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Posted in Hiring a Lawyer, Utah Crime News | No Comments »

Duo Robbed in Utah While Doing Yard Work

Sep
17
Utah Criminal Defense Blog, on the topic of  Criminal Defense Misc
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Two people, one a 17-year-old juvenile, were recently robbed in Utah while doing yard work at a neighbor’s home.

Photo: Jake and Lindsay Sherbert

The two good Samaritans were attacked and robbed at knifepoint by a man who allegedly appeared to be under the influence of drugs. The man lived at the home where the yard work was being done, although the home didn’t belong to him.

The teen received injuries from the knife the man was wielding when the young man decided he wanted his cell phone back from the alleged thief. The man supposedly hit the boy in the face, cutting his neck and shoulder in the process.

After the thief got away with around $30 in cash and a few other minor items, the pair who were robbed went to a local police station and reported the theft. When police searched the alleged thief’s room, they discovered drugs and drug paraphernalia. Fortunately, the victims’ injuries weren’t more severe and the man was apparently arrested without incident.

The man has been charged with several crimes, including: aggravated robbery, aggravated assault, threat of violence, possession of illegal drugs and drug paraphernalia and possession of a dangerous weapon by a restricted person. The various charges consist of first degree felonies, third degree felonies, class A misdemeanors and a few class B misdemeanors.

Being robbed in Utah can be a frightening experience, but it is even more challenging for the accused thief because of the legal trouble he may find himself in. Also, when drugs come into play, people can do things that they wouldn’t normally consider doing. This man may have committed a serious mistake, but there may be other circumstances involved, and it can take the services of a top Utah criminal defense attorney to flesh out the whole story.

Don’t wait to contact an attorney if you or a loved one has been charged with a crime. You may find that your legal options increase if you have an experienced attorney on your side. Make the right choice today; call a Utah criminal defense attorney immediately.

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Posted in Criminal Defense Misc | No Comments »

Helping Utah Police Officers

Sep
04
Utah Criminal Defense Blog, on the topic of  Utah Legal Definition
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Most of us are glad to know that Utah police officers are around, but would just as soon let them do their job while we mind our own business. For the most part, the police probably feel the same way. We’re here to tell you about two specific laws that directly relate to helping Utah police or leaving them alone.

Photo: Carl W. Wycoff

Helping Utah Police

One law states that you’re guilty of a class B misdemeanor if you don’t help a Utah police officer who is trying to make an arrest or stop a crime. Specifically, you are supposed to provide assistance if the officer commands you to help. Let’s just hope the other guy isn’t armed.

Don’t Interfere with an Arrest

The other law makes it a crime to interfere with an officer who’s trying to make an arrest. If you can reasonably tell that a Utah police officer is lawfully attempting to arrest or detain you or someone else, it’s illegal to interfere with the arrest by:

• Using force or any weapon
• Refusing to follow the officer’s instructions (if you’re the person being arrested)
• Refusing to not do something that gets in the way of the arrest

It’s also a class B misdemeanor to interfere with an arresting Utah police officer. Being found guilty of a class B misdemeanor can send a person to jail for up to six months.

Do Your Part to be a Good Citizen

Hopefully you’re now not completely confused about what to do when you’re involved in a situation with Utah police. Generally, just let the police do their job and stay out of the way. However, be ready to go to the aid of a police officer if asked.

If you’ve been charged with any crime, don’t wait to contact a Utah criminal defense attorney. As you can see by these laws, sometimes it can be confusing to know what the right choice is and you may get in legal trouble for something that’s not your fault. Let a criminal defense attorney help you get your circumstances straightened out so that you can go back to living your life.

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Posted in Utah Legal Definition | No Comments »

Don’t Give Alcohol to Minors in Utah

Dec
12
Utah Criminal Defense Blog, on the topic of  Alcohol in Utah
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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 Case

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.

Supplying Alcohol to Minors is Against the Law

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.

Exceptions

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.

Contact a Utah Criminal Defense Attorney

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.

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Posted in Alcohol in Utah | No Comments »

Save First, Arrest Later for Utah Parolee

Oct
10
Utah Criminal Defense Blog, on the topic of  Crimes, Hiring a Lawyer
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There’s nothing like being saved from possible death by police only to have them turn around and arrest you for suspicion of committing several crimes. That’s exactly what happened to Reo Guy Watts last Saturday.

Photo: Mark Coggins

Police were patrolling an area of Utah Lake when they approached Watts while he was sitting in his vehicle. Before they could talk to him, Watts took off down the beach. Officers pursued him, but were unable to locate him at first. Several hours later, police received a tip that someone was calling for help in a reedy area of Utah Lake. It took a helicopter to locate the person, who turned out to be Watts.

Apparently, he’d become stuck amongst some reeds in a marshy area of the lake and was unable to extricate himself. Watts was treated for hypothermia and then arrested. While searching for him, officers had found approximately 1200 feet of copper wire on the ground and in Watts’ car. Authorities have identified the wire as being taken from the Union Pacific Railroad’s train tracks in Spanish Fork Canyon.

Watts is being held for investigation of possession of stolen property, possession of burglary tools and obstruction of justice.

When you have been arrested for a crime, the first thing you need to do is call an attorney. Regardless of the circumstances surrounding your arrest or alleged criminal activities, you are not required to talk to law enforcement. Don’t talk to anyone except your attorney, because he will be the only one looking out for your best interests. The police have their priorities and so will your Utah criminal defense attorney. Make your phone call worth something. Hire a reputable attorney who will put his resources to work for you.

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Posted in Crimes, Hiring a Lawyer | No Comments »

Utah Arrest Laws: When Can A Police Officer Arrest A Suspect?

Aug
26
Clayton Simms, Criminal Defense Attorney, on the topic of  Utah Law
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Arrest laws in Utah are meant to protect the arresting individual as well as the person being taken into custody. An arrest occurs when a person is restrained or submits to custody. Utah law states that a person shall not be subjected to more restraint than necessary for the individual’s arrest and detention.

Reasons for an Arrest

Photo: banspy

A peace officer may arrest a person with or without a warrant in the following situations:

• for public offenses committed or attempted in the officer’s presence;
• when the officer has reasonable grounds to believe that the individual being arrested has committed a felony or class A misdemeanor;
• if an officer reasonably believes that an individual committed a public offense and may flee or hide to avoid arrest, destroy or conceal evidence or injury another person or damage the property of another person;
• when an officer has likely cause that a person failed to disclose his identity; or
• when the officer has reasonable cause to believe that the person is an illegal alien whom a civil removal order has been issued against, who has a civil detainer warrant issued for them or who has been charged or convicted with one or more aggravated felonies in another state.

Citizen’s Arrest

A private person may also make an arrest if a public offense has been committed in his presence or if a felony has been committed and the private person believes the individual he is arresting has committed the crime. As a general rule, the person making the arrest shall inform the individual being arrested of his intention, cause and authority to make the arrest.

If an individual being arrested attempts to flee or forcibly resist arrest after being informed of the arresting person’s intentions, the person attempting to make the arrest may use reasonable force.

Don’t Ignore the Court

If you have a misdemeanor or infraction charge issued against you in lieu of being arrested, be sure and make your court appearance as required. If you don’t show up, a warrant will likely be issued for your arrest, and you will be considered guilty of a class B misdemeanor, regardless of your original charge.

Call an Attorney

The best course of action when you are faced with any criminal charge is to consult an attorney and find out what options are available to you. You don’t have to wait until you have been charged with a crime to call a Utah criminal defense attorney and discuss your situation. A qualified attorney can assist you in communicating with law enforcement, prosecutors and the court, if necessary.

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Posted in Utah Law | No Comments »

Utah Woman Hits Police Officer with Barbed Wire

Jul
28
Utah Criminal Defense Blog, on the topic of  Hiring a Lawyer, Humor
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On July 4, Kyla Felix decided she’d rather jump in an irrigation canal than be arrested by police. Apparently, police had a warrant for Felix’s arrest and were trying to locate her when one officer found her in an irrigation canal. The officer told her to get out of the canal, and eventually she did, but then she jumped back in. The officer finally got in the water to fish her out, at which point she allegedly began hitting him with a piece of barbed wire. The officer was able to get Felix out of the water, calm her down and wait for additional officers to arrive.

Photo: Gilles Douaire

Felix is facing several charges from the July 4 incident, as well as charges stemming from the issuance of the warrant. She is charged with assault on a police officer, a class A misdemeanor, and interfering with an arresting officer, a class B misdemeanor. A class A misdemeanor carries a potential penalty of up to one year in jail, while conviction of a class B misdemeanor can send a person to jail for up to six months.

Everyone has difficult days, though it seems as though some people’s days are a little harder than the next guy’s. Your best bet when facing arrest by law enforcement is to calmly go along with the officer and not make any more problems for yourself or the police, even if you believe the arrest is inappropriate. Don’t discuss your situation with police, just take your opportunity to talk to an attorney—and don’t hit an officer with anything, not even barbed wire, no matter how upset you might be.

Find a qualified Utah criminal defense attorney who you can tell your side of the story to. He will be able to communicate with law enforcement and keep you from potentially getting into further trouble. Use your rights, keep silent and get an attorney who will be on your side.

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Posted in Hiring a Lawyer, Humor | No Comments »

Utah Arrest Expungement

Aug
27
Jesse Nix, Utah Criminal Defense Lawyer, on the topic of  Legal Process
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You were recently arrested by Salt Lake City police.  There was a police investigation, but charges were never filed.  Now you want to make sure the arrest and investigation isn’t on your record anymore.  How do you do it?

Arrest Expungement Requirements

* At least 30 days have passed since arrest.
* There have been no intervening arrests.
* The proceedings were dismissed.
* You were acquitted.
* You were discharged without conviction and no charges were re-filed within 30 days.
* You were released without formal charges being filed.

If all those are true, then you can apply for an expungement.

Fees

According to Utah Code §77-18-10, if you were arrested but no charges were filed, or if you were acquitted, there will be no filing fee to expunge those charges from your arrest record.

Process

  1. Obtain a certificate of eligibility from the Utah Bureau of Criminal Investigation (BCI).This can take from 4-6 Weeks. (http://publicsafety.utah.gov/bci/docs/expungement_ROA.pdf)
  2. Fill out a Petition and Order of Expungment: http://www.utcourts.gov/resources/forms/expung/distexpung072002.pdf
  3. Serve the Petition by mailing a copy to the prosecuting attorney and the Department of Corrections.
  4. The court may hold a Hearing, but it is more likely that the court will make a decision based on your written documentation.
  5. If the Court Finding determines that you are eligible and no objections have been received, it will grant expungement and issue a certificate to you. After approving a petition for expungement, the court shall enter an order to expunge all or a portion of the case records in the custody of that court, or of any other agency or official.

Help

If you need help with any type of expungement, a top Utah criminal defense attorney can help you through the process.

(Info from http://www.utcourts.gov/howto/expunge)

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