Reduce the Risk of Additional Charges Following an Arrest

When someone is placed under arrest, they are booked under specific charges pertaining to that arrest. Just as the individuals arrested can fight to have charges reduced or dropped, there is also the chance that extra charges can be added following the arrest.

Failure to comply with arrest and booking

Photo by: Campaign Against Arms Trade

One main cause of added charges following an arrest is due to the behavior of the alleged offender during the time of being arrested and placed behind bars. Being handcuffed and whisked off to jail is a stressful moment that can unfortunately bring out the worst in people. Some individuals make a bad situation worse by:

• Resisting arrest or as Utah Code 76-8-305 states “refusing to perform any act required by lawful order necessary to effect the arrest or detention (…) made by a peace officer”, a class B misdemeanor;
• Attempting to flee police, a class A misdemeanor;
Spitting, urinating, or propelling any bodily fluid at an officer, potentially adding a third degree felony onto the list of charges;
• Physically assaulting an officer while in the custody of law enforcement, a third degree felony defined by section 76-5-102.5. If the charges are enhanced to aggravated assault by a prisoner, then the defendant may face an additional second or first degree felony as stated in 76-5-103.5; or
• Once at the local jail, kicking, punching, or otherwise damaging jail property, resulting in an added third degree felony.

Regardless of whether or not the arrestee feels they should be taken into police custody, they are encouraged to be respectful and cooperative during and after being read their Miranda rights. This does not mean they have to converse with officers regarding details of the arrest however, as that in itself can lead to added charges.

Spilling all the beans

Photo by: Emilio Küffer

While there are some who react vehemently to being placed under arrest, there are others who go too far the other direction by trying to be overly compliant to officers on the scene. In an effort to possibly smooth things over, some arrestees decide to share every single detail related to the charges. Not only can their over-the-top candor cement the charges against that individual, it can help investigators who may already be trying to tie other charges to the defendant. It is best to politely decline any discussion with officers until an attorney is present.

Accumulating charges prior to trial

Another way charges can be added is if more evidence comes to light or if the prosecution attempts to add or enhance charges. For example, if a person is arrested for possession of marijuana, the prosecution could look at the amount of marijuana in question, and attempt to call it enough to charge the defendant with intent to distribute, even if it was initially determined to be only for personal use. If the person drove through a school zone with the marijuana in their car, the prosecution could also add enhanced possession in a school zone charges. Maybe they had kids in the home or car, so by all means throw in some child abuse or child neglect charges on top. Also known as stacking charges, this is a common occurrence and a reason so many individuals get scared into accepting plea deals (a.k.a. pleading guilty to lesser charges) without first obtaining proper counsel for themselves.

Have an attorney ready

Photo by: Kevin Johnston

With so many variables working against someone following an arrest, the best plan to avoid additional charges is to:

• remain calm;
• be prepared with the name of a reputable attorney;
• give the defense attorney’s name to authorities during the arrest;
• Stay quiet until advised otherwise by counsel; and finally
• Trust that a knowledgeable attorney will be able to see through charge stacking to decide the best option possible for each defendant depending on their specific case.

Minor Traffic Accident Escalates to Assault with a Vehicle

A minor traffic accident in southern Utah quickly escalated to assault with a vehicle after a driver decided he didn’t want to stay at the scene.

Fender Bender

Assault with a Vehicle

Photo by: Charles Wagner

20 year old Ethan Campbell Hansen of St. George, Utah was arrested for multiple misdemeanors as well as four felonies after being involved in a minor traffic accident during holiday festivities last week. The rear-ending accident itself was minor and would have likely ended in a traffic violation for Hansen of following too close. Unfortunately, the fender bender was just the beginning.

Traffic violation vs felony charges

Instead of waiting for police to come investigate the accident, Hansen attempted to flee. Two pedestrians were struck by Hansen’s vehicle, suffering minor injuries, while multiple others were able to get out of harm’s way. It was only then that Hansen decided to stay on scene. After authorities were able to obtain Hansen’s true identity and restrain him, he was booked into Purgatory Correctional Facility. His charges include:

• Two Class C misdemeanors for criminal mischief and leaving the scene of a pedestrian accident;

• Two Class B misdemeanor for interfering with an arrest and failing to disclose identity;

• One third degree felony for assault by a prisoner; as well as

• Three other third degree felonies for aggravated assault with a vehicle (dangerous weapon).

Assault with a vehicle

Photo by: Dean Strelau

Utah Code 76-5-103 states that “aggravated assault is an actor’s conduct that is
i. An attempt, with unlawful force or violence, to do bodily injury to another;

ii. A threat, accompanied by a show of immediate force or violence, to do bodily injury to another;

iii. An act, committed with unlawful force or violence, that causes bodily injury to another or creates a substantial risk of bodily injury to another; and

That includes the use of:

i. A dangerous weapon [any item capable of causing death or serious bodily injury]”

Although no weapons were located on Hansen or in his vehicle, assault with a vehicle has the potential to cause serious injury or death and is categorized along with other weapons when used in an assault.

Go big and go to jail

Photo by: Washington County Sheriff’s Department

With four misdemeanor and four felony charges to face in court, Hansen has the potential to face over 20 years in prison and fines totaling nearly $35,000. No one is sure why Hansen chose to escalate the situation, seeing as he isn’t known to be a violent offender or have any criminal history at all; He may have been simply trying to run away from the problems he caused. Many younger adults are not educated on how to property react to intense situations and fleeing can often seem the best course of action at the time. It is imperative that they are taught the importance of staying on the scene of an accident and not expanding the situation by reacting poorly. Anyone facing charges for a minor or serious offense is encouraged to seek guidance from this point out from a qualified criminal defense attorney.