Posts Tagged ‘Jail’

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.

Jesse Nix, Utah Criminal Defense Lawyer, 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

Jessica, 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.”

Jail of the Week: All about Salt Lake County Metro Jail

Jessica, on the topic of  Dealing with Police, Legal Process
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 photo: Prisoner 159753

photo: Prisoner 159753

The very popular Metro Jail of Salt Lake City, Utah, is located on 3415 S 900 W. If you are interested in touring the Salt Lake County Metro Jail tours are given the first Saturday of every month starting at 8am. Similar to arranging a visit to an inmate you must pre-register. Although the tours can accommodate larger groups, inmate visitation rules at Metro Jail stipulate that only three people can visit an inmate at one time, and inmates can only have visitors twice a week. It must also be kept in mind that a prisoner can refuse a visitor at Metro Jail or be unavailable at the predetermined time of the visit. In this case, or at any point in time you may send your correspondence by mail. Do not try anything tricky or send anything valuable by mail as it will be inspected by Metro Jail personnel. Postal mail may be your only chance at contacting a prisoner as Metro Jail largely controls phone contact as well, only allowing their inmates to place collect calls but not receive calls. When not visiting or making phone calls inmates have a lot of time.  There are some programs and educational opportunities to pursue while incarcerated but their availability varies by type of prisoner.  Otherwise the Salt Lake County library system does work in connection with the Metro Jail to bring library privileges to the inmates. However, books must be approved and privileges can be taken away for behavioral misconduct.

Housing inside the Metro Jail is divided into four separate pods.  A, B and C pods are divided into eight units which can each hold 64 prisoners. D pod has two units that have a maximum capacity of eighty prisoners. These pods do house both male and female prisoners with the most diverse population in B pod. In B pod there are three units for multiple security levels of female offenders, and three units for maximum-security male prisoners. No matter which pod the prisoners are housed in hygiene is strongly enforced with mandated area and self-cleaning. Prisoners are allowed to choose their own style of facial hair and hair, as long as the hair is kept clean and well groomed. With such a large population in an urban area the pod and unit separation helps to maintain order and enforce clean living which keeps the prisoners healthy and active.

Posting Bail In Utah

Clayton Simms, Criminal Defense Attorney, on the topic of  Hiring a Lawyer, Legal Process
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If a suspect is arrested and put into an Utah  jail, the defendant has to appear before a judge (usually within 48 hours after being booked).  When the defendant goes before the judge, the judge looks at the charges and decides whether or not to continue holding the suspect in jail.  Sometimes a judge will decide that a suspect is too dangerous to be released.  More often, the judge allows a defendant to be released.  This is the point that a bail amount is set.

Bail is a way for the courts to help ensure that a defendant appears in court. Money is given to the court to hold until the defendant shows up for their court dates.  After a case is over, the money is given back to the person who posted the bail. However, most Utah defendants use a bail bond agent to get out of jail. If a suspect is using a bail bondsman, then the defendant would 10% of the bond amount and then place some collateral with the bondsman. For example, on a $10,000 bail you would pay the bail bondsman $1,000, which the bondsman would keep, and then the bondsman would place a lien on your house or take the title to your car for the collateral.

Bail is determined by Utah’s Uniform Bail Schedule.  Reasons for a high bail amount include the seriousness of the crime, the defendant’s flight risk, or if the defendant doesn’t have an attorney that requested a bail reduction.  In the latter case, the judge may ask the prosecutor what they think the bail amount should be.  This is why it is important for defendant’s to hire an experienced Utah Criminal lawyer who can ensure that the bail amount is fair. The best Utah criminal lawyers have good working relationships with prosecutors and can often lower you bail, which lowers the amount you pay to a bail bondsman

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.