Posts Tagged ‘Jail’

Sesame Street Kit for Kids With a Parent in Prison

Utah Criminal Defense Blog, on the topic of  Criminal Defense Misc
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Just in case a kid can’t cope with having a parent in prison, Sesame Street designers have created a kit to help children get through the emotional issues involved with having an incarcerated parent. Apparently, a couple of million kids have at least one parent in prison, and now children between the ages of 3-8 can turn to Elmo for their psychiatric needs.

Photo: USAG-Humphreys

Photo: USAG-Humphreys

Free Kit for Caretakers

Titled “Little Children, Big Challenges,” the online kit appears to be free to anyone who wants to download it; you can even put it on your e-reader. There are a variety of printable pdfs included in the kit, everything from morning routine charts to tips for parents and caregivers.

Some of the tips in the kit are:

• Building security for a child by letting them know what will happen throughout the day
• Help a child to express his emotions by asking questions
• Answering questions honestly, including the kind involving “Where’s Daddy (or Mommy)?”

Another handy part of the Sesame Street kit are some videos you and your child can watch together. Whether it’s “What is Incarceration?” or “How About Your Feelings?,” watching a video on the topic could be an interesting way to spend time helping a child understand where his parent is—although you might not want to go into details about “why” Daddy or Mommy is in prison.

Should Elmo Be Elevated to Social Worker?

What do you think about letting Sesame Street help explain what jail is and why it’s a consequence for parents who, frankly, make bad decisions and can’t parent their own child? Perhaps it’s true that it does take a village to raise a child. Of course, the village might not have to help out so much if Mommy hadn’t decided to shoot somebody or do drugs.

If you or a loved one has made a legal mistake, we are available to assist you if you need an experienced Utah criminal defense attorney. We won’t take the place of your kid’s psychiatrist, but we will provide you with the best criminal defense possible.

Utah Thieves Tackle Tough Target: Girl Scouts

Utah Criminal Defense Blog, on the topic of  Humor, Utah Crime News
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Some thieves recently took on what had to be one of their toughest crimes: stealing from the Girl Scouts. No, they didn’t take any delicious cookies (although who could blame them if they did), just the cash box sitting out on the Girl Scouts’ table.

Photo: Michael Dorausch

Photo: Michael Dorausch

Keep Your Cookies–We Want the Cash

The girls were selling cookies in front of a Taylorsville Wal-Mart when the alleged thieves—a man and a woman—drove up. The man got out of the car, ostensibly to buy cookies, but grabbed the Girl Scouts’ cash box instead. He hopped back into the vehicle, and the thieves were on their way.

A woman has been arrested for investigation of theft in the cookie cash case. Police believe they also know who her accomplice is and are on the lookout for him. Security video and tips from the public helped police identify the alleged thieves.

Law enforcement noted that people who are selling items, whether Girl Scout cookies or junk at a yard sale, need to be cautious with their cash. They suggest keeping a small amount on hand and making regular bank deposits to deter potential thieves.

Hefty Penalties for Theft

We’ve covered the penalties for theft previously on this blog, but we want to remind you what stealing might cost you in terms of jail or prison time.

Class A misdemeanor—up to 1 year
Class B misdemeanor—up to 6 months
Class C misdemeanor—up to 90 days

Any criminal charge warrants an immediate call to an experienced, respected Utah criminal defense attorney. You need and deserve top legal representation regardless of the accusations against you. Make the right move and talk to a Utah criminal defense attorney today.

Utah Man Keeps Busy Assaulting Girlfriend, Robbing Kid, Damaging a Jail

Utah Criminal Defense Blog, on the topic of  Utah Crime News
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A Utah man had a busy day Tuesday, allegedly assaulting his girlfriend, robbing a child and damaging a jail (breaking a police car window with his head).

Photo: Dylan Ashe

Photo: Dylan Ashe

First Things First

The man started his day early, because police were called around 8 a.m. to check out reports of a domestic assault and a robbery. When police arrived they found the man’s girlfriend bruised, but no sign of the boyfriend.

Next, police talked to the kid, a 12-year-old who gave the man his gold necklace after supposedly being threatened with a knife. Law enforcement soon found the guy and put him in a police car. That’s when the window was broken by the man repeatedly banging his head against it.

Any Regrets?

This guy is now sitting in jail while he’s being investigated for aggravated robbery, domestic violence, damaging a jail and a few other crimes.

It’s a third degree felony in Utah to damage a jail. You could be charged with this crime if you:

• Willfully and intentionally break down, pull down, destroy, flood or otherwise damage any public jail or place of confinement, which includes a detention, shelter or secure juvenile detention facility.

It’s also legal for a police officer to use all reasonable means under the circumstances—including the use of a weapon—to protect jail property or prevent escape by someone who attempts to damage jail property or attempts to escape. Law enforcement must consider the police care to be jail property in this situation.

Let a Utah Criminal Defense Attorney Help You

Because most legal situations are complicated, it’s vital that you be represented by a top Utah criminal defense attorney if you’ve been arrested or are under investigation. Never discuss your case with law enforcement except under the advice of an experienced Utah criminal defense attorney who is looking out for your best interests.

Keeping a Tight Lid on Utah Jails

Utah Criminal Defense Blog, on the topic of  Question
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Probably not too surprising, there are many items and substances that are not legally allowed in Utah jails. In fact, there is an entire section of the Utah Criminal Code dedicated to naming the various things that inmates and visitors may not possess while within the walls of a correctional or mental health facility—unless you want to get hit with a criminal charge.

Photo: Derek Key

Photo: Derek Key

Correctional facilities (which we are referring to as Utah jails) include:

• Juvenile detention
• Jails
• Prisons
• Any secure or non-secure settings that house offenders

Utah Jails’ Prohibited List

The items that cannot be taken onto any Utah jails’ premises include:

• Firearms
• Ammunition
• Dangerous weapons
• Methods of escape
• Tools used for escape
• Explosive
• Controlled substances
• Liquor
• Medicine
• Poison

You are not allowed to transport, sell, give away or possess any of these things on properties designated for use by offenders.

If you transport any firearm, ammo, dangerous weapon or means of escape to a Utah jail or secure area of a mental health facility you may charged with a second degree felony. Providing or selling any of the previous-mentioned items to a detainee might also earn you a second degree felony charge.

Did you realize that you can’t give or sell tobacco products and electronic cigarettes to inmates of Utah jails? It’s worth a class A misdemeanor if you decide to give your jailed buddy a pack of smokes on visiting day.

Check the Rules Before Visiting Utah Jails

Although you might want to try and do an incarcerated friend or family member a favor by taking him a little gift, it’s best to empty your pockets before visiting your local correctional facility. If you get caught making a mistake, find your nearest phone and talk to a Utah criminal defense attorney. When you’re up against Utah law, it makes sense to have an expert criminal defense attorney on your side.

Happy Holidays from Salt Lake Criminal Defense!

Utah Criminal Lawyer, on the topic of  Crimes, Dealing with Police, DUI in Utah, Humor, Utah Law
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Visiting Inmates

Utah Criminal Defense Blog, on the topic of  Criminal Defense Misc
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There is an enlightening study by the Minnesota Department of Corrections that details how visiting inmates can positively affect their futures and help reduce the rate of reoffending.

Photo: Joseph Kranak

Visiting Inmates Can Help

The study was conducted between 2003-2007 and included over 16,000 inmates. Those performing the study took into account quite a bit of data concerning visiting inmates, such as: the number of visitors, the times/days of visits, the relationships of visitor to inmate, and so forth.

One of the interesting conclusions the study found was that inmates benefitted most from visits by:

• Siblings
• In-laws
• Fathers
• Clergy

possibly because the inmates visited by these people have bigger social support networks. However, being visited by an ex-spouse was shown to greatly increase the risk of reoffending. Sadly, about 40% of inmates didn’t receive any visitors at all during the study period.

What About Visiting Inmates About to be Released?

The study concluded that inmates who received visitors were 13% less likely to be reconvicted of a felony as opposed to those people who didn’t have anyone come to see them. Another interesting fact is that inmates who have visitors close to their release dates are even less likely to reoffend.

The information in the study did question whether those inmates who had visitors and a broad support network prior to incarceration were in a better place to not reoffend than those inmates who had a poor support system before offending; the people running the study didn’t have that type of data to include.

What do you think about visiting inmates? Does it make sense that people who are cared about and who have their needs attended to will be greater successes in life, whether as prison inmates or average folks? Even though a person gets thrown in jail, it doesn’t mean his life ends there (usually).

Talk to a Utah Criminal Defense Attorney

If you are in legal trouble, don’t wait to be put in jail to get the help you need. A Utah criminal defense attorney can be your best ally when you are being investigated or arrested for a crime. Take time to make the right phone call today, whether for yourself or a loved one.

Drugs Around or In Utah Jails

Utah Criminal Defense Blog, on the topic of  Drugs in Utah
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Did you know that taking illegal drugs onto jail property is against the law? We aren’t just talking about a little stash of marijuana that’s in your pocket when you go to a local jail to visit a friend. There is a Utah law that prohibits a person’s possession of illegal drugs within the exterior boundaries (such as a fence) of any correctional facility, jail or other place of confinement.

Photo: aarondn93

The penalties for having illegal drugs with you are increased when you break this particular law. Law enforcement often calls these “enhanced” penalties.

Marijuana and Other Drugs

If you have some marijuana on you that’s particularly for personal use and you’re caught with it on jail grounds, you will charged with a class A misdemeanor, instead of the usual class B misdemeanor. If you’re found guilty, the court can sentence you to whatever jail time they want and an additional year—because you’re in a drug-free zone. A second conviction of the same crime is a third-degree felony plus the required sentencing enhancements.

Perhaps you’ve decided to take a larger amount of marijuana with you onto jail grounds, say 100 pounds or more. You could be charged with a first-degree felony and face the jail time that goes along with such a charge.

If you are in possession of one of a list of controlled substances deemed illegal in Utah, you might receive an initial sentence decided on by a judge and then have a couple more jail terms piled on. The additional sentences are specified by Utah law to run consecutively—each one after the previous jail time has ended.

Plan Ahead or Call an Attorney

If you’re headed to your local correctional facility to see a friend, leave anything unnecessary at home. After all, you don’t want to be your buddy’s next roommate. If all else fails and you’ve been caught breaking the law, your next move should be to call a top-notch Utah criminal defense attorney. That choice could save your reputation and freedom.

Smuggling Contraband into Jail

Utah Criminal Defense Blog, on the topic of  Crimes, Drugs in Utah
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If you’re arrested and you want to make your problems worse, try smuggling contraband into jail. A person who smuggles unauthorized items into any correctional facility or secure area of a mental health facility is guilty of a crime.

Prohibited Items

Photo: Dion Gillard

Some items that are prohibited in jail include:

• Controlled substances
• Alcohol
• Medicine—even if it has been legally prescribed for the person in possession of it
• Poisons
• Any tobacco product or electronic cigarette
• Firearms, ammunition
• Any dangerous weapon

How Much Trouble Will I Be In?

The charges for smuggling contraband into jail depend on the item or substance taken inside. Smuggling cigarettes is a class A misdemeanor. Providing or selling a dangerous weapon to an inmate is a second-degree felony.

In Utah, correctional facilities are considered drug-free zones. The penalty is the same for possessing a controlled substance in jail as in any drug-free zone.

Utah law states that controlled substances smuggled into jail increases the normal charge by one level. If you decide to sneak marijuana into a jail, the charge changes from a class B to a class A misdemeanor. Possession of methamphetamines in jail increases the charge to a second-degree felony.

You won’t be doing yourself a favor if you try your hand at smuggling contraband into jail, whether it’s for yourself or a friend. The odds are good you’ll be caught. After all, the police are not afraid to search everywhere—body cavities included.

Don’t wait to contact an experienced Utah criminal defense attorney if you are facing any criminal charges. There are times in life when you can go it alone, but legal trouble isn’t one of those times. Regardless of your situation, you need to find an attorney you can trust who will provide you with a strong defense.

Going to Jail in Utah on an Infraction? It’s possible if you don’t appear in court.

Clayton Simms, Criminal Defense Attorney, on the topic of  Legal Process, Utah Court, Utah Law
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Photo: abardwell

Photo: abardwell

There are three kinds of crimes in Utah and each has a different level of jail time.   Felonies are the most serious crimes and are punishable by at least one year in prison.  Misdemeanors are punishable by at least 90 days in jail.  The last type of crime, infractions, carry no jail time.  The most typical type of infractions are traffic violations.  Surely no one would argue that a person should go to jail if they are going 5 miles over the speed limit.

However, people can go to jail for going 5 miles over.  A change to the Utah Court Rules (Code of Judicial Administration) last year allows Judges to issue bench warrants for defendants who do not appear in court at their schedule court dates.

Rule 4-701 states:

(1) When a case is filed, the clerk may mail to the defendant a courtesy bail notice indicating the amount of bail. If the defendant fails to appear within fourteen days after receiving a citation for an alleged infraction or misdemeanor offense, the clerk may mail the defendant a delinquent notice increasing the bail amount for the initial offense by $50.

(2)(A) If the defendant fails to appear or pay the bail amount within forty days of the date the citation was issued, the court may issue a warrant for failure to appear pursuant to Utah Code Section 77-7-19(3) and may increase the outstanding bail amount by $75; a separate offense of Failure to Appear need not be filed.

Even though a person couldn’t serve jail time for the actual crime charged, a person could serve jail time for not appearing in court.

Which one seems more “dangerous” to society to you that the court would need to lock someone up?

Utah Jail of the Week: Cache County Jail. Review by Jordan Halliday

Clayton Simms, Criminal Defense Attorney, on the topic of  Utah Law
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In 2009 animal rights activist Jordan Halliday spent a few months in Cache County Jail for refusing to testify in a grand jury investigation involving the animal rights community in Salt Lake City and the state of Utah. He was later released and charged with felony criminal contempt of court, something he could be given more jail time for. Cache County Jail is located in Logan, Utah and seems to abide by common jail regulations, limiting visiting time and instituting programs like Alcoholics Anonymous and Music Therapy for the self-betterment of inmates. Jordan Halliday, a man who has spent actual time at the jail can help us see what real-life inside the jail is like:

“My time at Cache County Jail wasn’t so bad. When I think of the way animals are treated and the reasons why I am out there demonstrating, protesting and informing the public on their behalf, it makes jail seem like a luxury.

The corrections officers at Cache County Jail weren’t the nicest people. They declined to provide me with vegan food and only gave in after I’d refused to eat for nearly a week and enough people called in and begged that they feed me. Even then I only received unflavored beans practically every mean (including breakfast). Honestly I think the number one reason they gave in was because they didn’t want a dead prisoner on their hands. But even after all that it still wasn’t terrible.

I was there during late winter through early summer. This meant we rarely got a chance to go outside. My typical day consisted of cleaning my cell, playing card games, writing/drawing, reading books, and watching television. The housing was divided into pods. Within each pod there were 12 cells (small compared to Salt Lake County). They then had two people to a cell for a maximum total of 24 people. I lived in the Federal Pod for the majority of my stay.

The other inmates in the jail were pretty decent, minus a few incidents. Cache County was a pretty laid-back jail. Everyone there had a story of why they were innocent, I believed a few of them, but the majority of the stories made me laugh. People were really nice to me when they heard (via the television) with what I was charged. They viewed my charge (alleged resisting a grad jury), as not snitching. I wouldn’t agree with this view but I didn’t complain. Not snitching (ie: not helping authority) is a very important rule amongst prisoners. So I was well respected, even though I had no previous jail/prison time under my belt. This made my first jail experience easy. Apart from various types of immaturity displayed by some inmates, it was pretty easy to keep my sanity. I received letters almost every day from people that supported me, which definitely helped. I wouldn’t consider jail a fun place, but it (Cache County Jail) isn’t as bad as the media makes jails out to be.”