Posts Tagged ‘Criminal Defense’

Utah Criminal Defense Attorney Clayton Simms’ Mother would be proud: He is quoted in Marijuana.com

Jessica, on the topic of  Drugs in Utah, Hiring a Lawyer
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photo: ElPablo!

photo: ElPablo!

An article exploring the legality of motor-vehicle searches by police was recently posted on Marijuana.com. Utah Criminal Defense Attorney Clayton Simms was consulted for an expert opinion in the article.

Clayton Simms, a criminal defense attorney, said police must focus on the crime that led to the stop in the first place. If other evidence surfaces after a stop, such as the smell of alcohol on the driver’s breath, officers can put the motorist through sobriety tests, he said. “You can’t just stop a person for Activity A and then start searching the car for Crime B unless you have evidence of that.” Simms said whether a stop exceeds its scope depends on a number of factors, such as the reason for stopping the driver, the length of the detention, the extent of the search and the number of officers involved. (Marijuana.com UT: Police need cause to search motorists’ cars)

Simms’ mother, when hearing that her son was now able to be found on Marijuana.com replied, “And that’s what he went to law school for?”

Dollar Bills in Utah Carry Cocaine

Utah Criminal Defense Blog, on the topic of  Drugs in Utah, Evidence
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photo: In a N.Y. State Of Mind

photo: In a N.Y. State Of Mind

Many of the dollar bills you come in contact with in Utah carry cocaine.  The American Chemical Society conducted a study in 2009 that found traces of cocaine on 90% of the U.S. paper currency. However, most of the bills were not used to snort cocaine and did not even pass through the hands of a drug kingpin.  The bills usually come in contact with the cocaine through indirect methods. The few bills that are actually used for the purposes of cocaine continue to carry some of the drug. Cocaine is an extremely fine powder and when the contaminated bills change hands they leave a trail of cocaine.  The largest spread of the drug happens at banks, casinos, and other big gatherings of currency. When the contaminated bills make it to a bank they are often put in a counting machine or ATM.  Then, the cocaine passes to the other bills in the machines.  More importantly the fine powder is left behind in the machines and continues to transfer to other dollar bills passing through. Such small amounts of the very fine powder would only be detectable on the hands of those who come across very large quantities of dollar bills.  This type of environmental contamination from large amounts of currency has occurred in Utah. In the case of the State of Utah v. Dale Moroni Gibbons the Utah criminal defense attorney Clayton Simms argued that the defendant, the Chief Financial Officer of Zions Bank, was surrounded by U.S. currency that was contaminated with illegal substances, including cocaine.   In closing arguments at the jury trial, Utah criminal defense attorney Clayton Simms argued that the defendant’s positive hair test for cocaine was a result of environmental contamination.  The jury acquitted the defendant of all charges including possession of a controlled substance, and he walked out of court a free man.

Phone Books: Secret Tool of Utah Criminal Defense Attorneys

Jesse Nix, Utah Criminal Defense Lawyer, on the topic of  Hiring a Lawyer
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Photo by "How can I recycle this"

After you are arrested, you get one phone call.  Imagine if you want to call an attorney, but you don’t know one.  You can’t search the internet or call a friend to get a recommendation.  What are you left with?  The phone book that is sitting in your jail cell.

If you open the phone book, you’ll find full page ads for certain criminal defense attorneys.  You will find other criminal defense attorneys that don’t have big ads, just their name and a telephone number.  Obviously, the attorney with the bigger ad is the better attorney because he can afford the big expensive ad, right?

WRONG!

Don’t be fooled into thinking that you will get the best result from attorneys who spend lots of money on those full page ads, or fill their ads with words like, “aggressive”, “fight for you”, or “tough.”  Those are just advertising gimmicks that you shouldn’t fall for.

Many great attorneys in the legal community do not pay for phone book ads because they depend on a different kind of advertisement: word of mouth.  These attorneys do a fantastic job for a client,  then the client tells a friend about their attorney,  then the friend hires the attorney.  Would you hire a contractor or babysitter out of the phone book?  No!  You’d probably talk to your friends first and see if they have recommendations.

Attorneys who pay for large advertisements in the phone book aren’t necessarily bad attorneys.  But when choosing an attorney, don’t fall for the advertising gimmick.  Don’t ignore attorneys with the smaller advertisements or no advertisements at all.  Research your attorney before hiring one to defend your rights.