Posts Tagged ‘kidnapping’

Utah Kidnapping Suspect Charged in Herriman Teenager’s Abduction

Jan
30
Utah Criminal Defense Blog, on the topic of  Punishment
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A man believed to be behind the kidnapping of a 13-year-old Herriman girl was recently charged in Utah’s Third District Court.

The story behind the alleged kidnapping has been slowly unfolding over the past several days. The girl was picked up by the suspect after she called him from a phone he gave her. She spent the next couple of days hiding out in his house; at one point he took her to an empty field while police searched his home.

Finally, the girl asked the man to drop her off at a store, where she called her family and asked to be picked up. Police have noted that even if she stayed at the man’s house willingly, her age makes her a victim regardless of her choices.

Decisions, Decisions

It seems that neither party in this situation made the best decisions, but does that mean that an adult who believes he’s helping a runaway should go to prison? Of course, someone likely has to be the scapegoat and the odds are good it will be the adult.

The man in question in this supposed kidnapping has been charged with two felonies and one class A misdemeanor. The felonies are first degree child kidnapping and second degree obstruction of justice. The misdemeanor charge is reckless endangerment.

Think Before You Act

Both people involved in this matter probably need to be slapped. Thirteen-year-olds shouldn’t run away from home, and 55-year-olds shouldn’t hide teens from their parents and police. A simple slapping won’t suffice for police, though; they will want to see that their version of justice is accomplished.

If you ever get into trouble with the law, your best move will be to contact a Utah criminal defense attorney immediately. Don’t let mistakes on your part (or someone else’s part) keep you from getting the legal help you deserve. Talk to an experienced legal pro who will have your best interests at heart and give you the aggressive defense you need.

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Utah Hitchhiker and Aggravated Kidnapping Charge

Jan
28
Utah Criminal Defense Blog, on the topic of  Utah Crime News
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A Utah hitchhiker was recently arrested and booked into jail following an alleged kidnapping of the good-Samaritan who gave her a ride.

Sarah Reid

Sarah Reid

Utah Hitchhiker May Have Been the Dangerous One

A woman picked up the hitchhiker, probably thinking she was doing a good deed. That act of kindness didn’t pay off, however, because the driver soon found herself with a knife at her throat. The hitchhiker reportedly told the driver to take her to Ogden; at some point she got out of the car and soon found a ride with another person.

That person did drop the hitchhiker off and then called police. Police soon found the Utah hitchhiker and arrested her on suspicion of aggravated kidnapping. The woman who was arrested has quite a criminal history; she has been charged with other crimes for over a decade, including at least three in the past year.

Aggravated Kidnapping is a Serious Crime

Aggravated kidnapping can be charged if a person possesses, uses or threatens to use a dangerous weapon in the process of kidnapping someone. It is considered unlawful detention or kidnapping if a person acts with intent to:

• Hold a victim for ransom, reward, as a shield or hostage, or to encourage or discourage a third person from a particular behavior
• Facilitate the commission, attempted commission or flight after a felony
• Hinder or delay the reporting of a felony
• Inflict bodily injury on the victim or terrorize him
• Interfere with the performance of a governmental or political function
• Commit a sexual offense

Hitchhiking in Utah can be dangerous for the hitchhiker or the person who stops to pick her up. Your best bet is to avoid doing either activity for your own safety.

On a legal note, if you’ve been charged with any crime you should immediately talk to an experienced, reputable Utah criminal defense attorney. Don’t wait to see if the situation will clear itself up. Let a top attorney handle your case and give you some piece of mind.

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Posted in Utah Crime News | No Comments »

Utah Home Invasion Results in Arrests

Nov
21
Utah Criminal Defense Blog, on the topic of  Hiring a Lawyer, Utah Crime News
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Two men have been arrested following a home invasion in the Midvale area. The men allegedly came up to a man outside a home and forced him into the residence. Once inside the home, they are accused of beating up the men and stealing numerous items from the homeowner—including his car.

Suspects Facing Multiple Felonies

The two men were both arrested later that day, one in an apartment (with the stolen car in the parking lot) and another in a vehicle with drug equipment. The alleged thieves are currently in jail, having been charged with aggravated burglary, aggravated robbery, attempted aggravated kidnapping and theft by receiving stolen property.

Home invasion isn’t a specific crime listed on the Utah law books, but other crimes may occur during the home invasion. The first two charges listed above are both first degree felonies, punishable by five years to life in prison. The last two charges are second degree felonies, which may carry a 1-15 year prison sentence.

You Deserve the Help of a Top Utah Criminal Defense Attorney

These men have been charged with serious crimes, so hopefully they will take care to get much needed expert legal advice from a top Utah criminal defense attorney. Keep in mind that you don’t need to being facing felonies to benefit from the services of an attorney. Regardless of the charges against you, you need and deserve to have the best legal representation possible.

People make mistakes every day, but still deserve to have an opportunity to be defended in court. Don’t try and handle your own case. Do yourself a favor and contact an experienced Utah criminal defense attorney today.

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Posted in Hiring a Lawyer, Utah Crime News | No Comments »

Penalties for Kidnapping in Utah

Nov
05
Utah Criminal Defense Blog, on the topic of  Utah Crime News
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Police in the Sandy Hills area are looking for a possible kidnapper after a man reportedly tried to pull a young girl into his vehicle. The girl was able to escape from the alleged kidnapper, but police have yet to find the man.

When prosecutors charge a person with kidnapping in Utah, they have to specify the type of kidnapping involved since kidnapping children is looked at differently according to the law.

What is Child Kidnapping?

If a person takes or transports a child under the age of 14 without the parent’s or guardian’s consent, that person may be charged with child kidnapping. (Don’t confuse this crime with Custodial Interference, which involves child custody issues.)

Child kidnapping is a first degree felony which is frequently punishable by a minimum of 15 years in prison. There are other possible punishments, however. A person may be sentenced to life in prison without the possibility of parole if another person is seriously injured during a child kidnapping or if the kidnapper has been previously convicted of a grievous sexual offense.

Sentences for Kidnapping Can Differ

There is the possibility that a person could be found guilty of child kidnapping, but be sentenced to a lesser time period if the court determines that the interests of justice are best served by a reduced sentence. The court may require that a person serve a minimum of 6 years or 10 years in prison, depending on the circumstances.

When you are in a legal bind, it’s best to contact a Utah criminal defense attorney as soon as possible. Acting quickly may help get your case on the right track to a satisfactory conclusion. Make the right move today; call a Utah criminal defense attorney.

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Utah Kidnapping Results in Amber Alert

Mar
12
Utah Criminal Defense Blog, on the topic of  Utah Crime News
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A 10-year-old West Valley City girl who was abducted by her biological mother over the weekend has been safely returned to her father by police after the kidnapping.

Photo: Kristin Wall

The Story

The young girl was allegedly taken by her mother from school last Friday and an Amber Alert was issued for her just a few hours later. At some point Friday evening, police were able to make contact with the girl’s mother and convinced the woman to surrender herself and the child to law enforcement.

According to police, the mother expressed concerns over custody issues with her daughter. It took several hours, but the situation was brought to a safe conclusion. Whether or not the biological mother will face criminal charges is yet unknown, as she has not been charged with any crime yet. However, she was detained by law enforcement following the kidnapping.

Child Kidnapping Punishment

In Utah, child kidnapping is normally considered a first-degree felony and is punishable by 15 years to life. It seems possible that there may be extenuating circumstances in this case, so hopefully the woman in question will hire a top Utah criminal defense attorney should the need arise.

Don’t Wait to Contact an Attorney

There are many times in life when you must go it alone, such as when running a marathon, but fighting criminal charges is not one of those times. If you are faced with defending yourself in court for your freedom or reputation, you need to contact an attorney right away. Don’t leave your case to chance or hope that things will work out in your favor. Make sure you have an experienced, qualified Utah criminal defense attorney on your side fighting for your rights.

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Kidnapping Girlfriend Doesn’t Fly in Utah

Sep
29
Utah Criminal Defense Blog, on the topic of  Utah Crime News
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Threatening and kidnapping your girlfriend may seem like the best way to get her to stay with you, but a Utah man found out that idea doesn’t work for the Salt Lake City police. Edwin Saul Tello, also known as Edwin Tello-Contreras, went to a nightclub and removed his girlfriend from the premises against her will. He then took the woman to a family member’s home where Tello and his girlfriend’s baby was staying. Unfortunately, it didn’t end there.

Photo: Bruce Turner

The three of them went to the woman’s apartment next. The police report states that the woman was able to run, with the baby, into her apartment and lock the door, but Tello allegedly kicked the door in. He apparently then held the woman hostage at knifepoint in front of their child. By the time the police arrived at the apartment, the woman had multiple cuts on her face and leg.

Aggravated Kidnapping Amongst Charges

Tello has been charged with several felonies, including: aggravated kidnapping, aggravated burglary, aggravated assault and domestic violence in the presence of a child. The first two charges are both first-degree felonies with the potential penalty of five years to life in prison per charge. Aggravated assault and the domestic violence charge are considered third-degree felonies which each carrying a possible zero to five year sentence.

Exact Reason for Kidnapping Unknown

According to the police report, while Tello was in the midst of the kidnapping, he supposedly told his girlfriend that she would never leave him. Other than that alleged statement, we don’t have information about what led Tello to commit these various crimes.

When you’ve lost your cool and the police become involved, call in an expert. You need the help and skill that a Utah criminal defense attorney will bring to your side of the situation. Look for an attorney who comes with a proven track record and a determination to defend you to the best of his ability.

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Video of Police Interrogation of Elizabeth Smart Kidnapper Brian David Mitchell

Aug
05
Clayton Simms, Criminal Defense Attorney, on the topic of  Utah Crime Related Videos
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The following video is of the original interrogation of Elizabeth Smart kidnapper Brian David Mitchell, which occurred on March 12, 2003. What do you think of the investigators style? Is it effective? Kidnapper Brian David Mitchell just keeps talking and talking.

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Provo Police Arrest Man for Impersonating a Police Officer

Jul
27
Utah Criminal Defense Blog, on the topic of  Dealing with Police, Utah Crime News
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A man was arrested for impersonating a police officer, kidnapping and forcible sexual assault after he told a woman he was law enforcement and allegedly insisted she submit to a strip search. The woman was also apparently forced by the man to participate in buying drugs at a Lehi convenience store.

Photo: The.Comedian

Kidnapping is frequently defined as detaining or restraining a person for a substantial amount of time and is a second-degree felony. A guilty verdict on a second-degree felony can send a person to prison for anywhere from one year to fifteen years. Forcible sexual assault is generally a first-degree felony, but there can be mitigating circumstances which change the charge or sentence. First-degree felonies mean at least five years in prison and can be for as long as life in prison.

Law enforcement has said that if you have any concerns about whether or not a person presenting themselves to you as law enforcement is telling the truth, you can always request a back-up police officer. That is helpful information for anyone who finds themselves in a situation where the police officer may be acting in an unusual manner.

The best bet when approached by a law enforcement officer is to let him or her do the talking and wait for your opportunity to talk to an attorney. Don’t say anything to police without the advice of a qualified Utah defense attorney. He can listen to your side of the story and deal with law enforcement on your behalf.

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Posted in Dealing with Police, Utah Crime News | No Comments »

Unlawful Detention versus Kidnapping in Utah

May
16
Clayton Simms, Criminal Defense Attorney, on the topic of  Crimes, Utah Law, Utah Legal Definition
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Even though the two crimes sound quite a bit alike, there is a difference between unlawful detention and kidnapping in Utah. The difference between the two is important, particularly when it comes to the charges and penalties each crime carries if you are found guilty of either one.

Photo: The Cleveland Kid

Unlawful detention is defined as intentionally or knowingly, without having lawful authority and against the will of the person, detaining or restraining a person under circumstances that are not considered kidnapping, child kidnapping or aggravated kidnapping. A charge of unlawful detention is considered a class B misdemeanor and carries the possible penalty of up to six months in jail.

On the other hand, kidnapping is substantially more serious. Kidnapping is a second-degree felony and is charged as such when someone purposefully, without lawful authority and against the will of a person:

  • detains or restrains the victim for any substantial period of time;
  • detains or restrains the victim in circumstances exposing the victim to risk of bodily injury;
  • holds the victim in involuntary servitude;
  • detains or restrains a minor without the consent of the minor’s parent or legal guardian; or
  • moves the victim any substantial distance or across a state line.

If someone is found guilty of kidnapping, he or she could face from one to fifteen years behind bars.

Be careful in your dealings and associations with others. A situation can quickly turn nasty if the law becomes involved and you are charged with a crime. Remember that everyone looks at experiences differently and has their own version of the ways things happened. If you are faced with a criminal charge, whether unlawful detention or kidnapping, get a qualified Utah criminal defense attorney right away. A good attorney is equipped to deal with law enforcement and the courts and will be able to aggressively defend your case.

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Posted in Crimes, Utah Law, Utah Legal Definition | No Comments »