Posts Tagged ‘innocent’

Dollar Bills in Utah Carry Cocaine

Jessica, on the topic of  Evidence, drugs
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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 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.

Innocent Until Proven Guilty: What does this really mean?

Jesse, on the topic of  Constitutional Rights, Legal Process, Utah Law
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Photo: Ann Althouse

Our criminal justice system is based upon the idea that a person is innocent until proven guilty.  Until a jury decides whether they believe you are guilty or innocent, the law treats you as an innocent person.  During your trial, the prosecution has the burden of proof to convince a jury that you are guilty.  The belief behind this system is that if the government is going to take away your liberty, they must prove, beyond a reasonable doubt, that you in fact committed the crime.  If they cannot prove you are guilty, you are allowed to keep your liberty.  That is the way the system is supposed to work.

Unfortunately, the system isn’t that perfect.  When the news reports that a person allegedly committed a crime, most viewers automatically assume that the person is guilty.  If the newspaper reports on a teacher who is accused of having sex with his students, people assume that the teacher is guilty.

Even though our criminal justice system is based on “innocent until proven guilty,” the general public always rushes to judgment.  During jury selection, the judge or lawyers will usually ask, “Does anyone believe that because a person is arrested and charged with a crime, they probably committed that crime?”  Potential jurors often raise their hands.  As a defendant, you wouldn’t want that kind of person on the jury deciding your future.

Because the general public has a difficult time with the concept of “innocent until proven guilty,” it is critical that you hire an attorney who can explain this concept to juries.  If your attorney can prove that the prosecution cannot prove guilt, then you will be found innocent.

Question: I’ve been accused of molesting my step-daughter. What should I do?

Jesse, on the topic of  Crimes, Legal Process, Question
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Question: My stepdaughter recently accused of me of molesting her (even though I’m innocent!).  I was kicked out of the house in Sandy and my wife won’t talk to me.  My stepdaughter and I don’t get along the greatest and I think that’s why she accused me of doing something I didn’t do!  Because I’m innocent, there’s no physical evidence.  It will be her word against mine.  What should I do?

The first thing you should do when you are accused of a crime in Utah is to hire a qualified attorney that can help defend you through the legal process.  Prosecutors charge sexual offenses aggressively to get the severest penalty.  You don’t want to hire a lousy attorney—you want to hire the best when your freedom is on the line.

Because you are innocent, you are correct in assuming that this will be a “he said, she said” scenario.  The credibility of the victim and you will be the most important thing that a jury sees.  A jury will likely believe the story from the witness that seems the most credible.  Jurors can sometimes be swayed to convict the defendant because the victim seems more sympathetic rather than looking at the evidence to see if the defendant actually did it.

You have two options:

  1. Fight the Charge.  Prosecutors go to trial with the evidence they have.  A smart prosecutor will only go to trial if they know they can win.  Unfortunately, not all prosecutors are that smart and will try to “scare” you into a plea deal when they know they don’t have a good case.  A good attorney will be able to look at your situation and tell you if you have a good change of winning at trial.Before trial, your attorney should file motions in order to get you the fairest trial.  These motions will limit the evidence that the prosecutors can use. Many times, because of these motions, prosecutors will not have enough evidence to bring your case to trial.  This is why it is essential that you hire a qualified attorney with experience in trying your kind of case. The prosecution has the burden to prove you are guilty beyond a reasonable doubt.  If your attorney convinces the jury that there is reasonable doubt in your case, then the jury should render a not-guilty verdict.
  2. Plea Bargain. Sometimes it is better to take a favorable plea agreement rather than risking a harsher punishment if convicted at trial.  Only your attorney will be able to look at the strength of your case and help you decide if a plea bargain is right for you.

To repeat: if you’ve been accused of a sexual crime in Utah, you need to contact a qualified attorney that can help you.  Only your attorney will be able to give you the best information about your case.