Posts Tagged ‘lawyer’
An LDS seminary teacher has been charged with several crimes after admittedly burglarizing a home for Lortab.
Photo: Robert and Mihaela Vicol
Brian Thacker entered a home on a Sunday afternoon and allegedly took Lortab from a medicine cabinet in the home. One of the home’s residents was upstairs at the time and looked out the window as he was leaving. At that point she recognized him and called police.
Thacker reportedly admitted to burglarizing the home and stealing the Lortab. He is currently on administrative leave from his job with the LDS Church and is in a drug rehab program. He is scheduled to appear in court later this month.
Felony and Misdemeanors
In addition to being charged with burglary, a second degree felony, Thacker is also charged with two class B misdemeanors: theft and possession of a controlled substance. A second degree felony guilty verdict can earn a person anywhere from 1-15 years in prison, while a class B misdemeanor guilty verdict can result in a sentence of up to 6 months in jail or prison.
Always Talk to an Attorney First
The first mistake Thacker made (if it’s true) was burglarizing a home. His next mistake was to talk to police about a crime they believe he’d committed without consulting a Utah criminal defense attorney.
Law enforcement has their own agenda—it’s to charge someone with a crime. They’re not looking out for the best interests of the person they believe is guilty.
A Utah criminal defense attorney has his agenda, too. It’s to help defend his client to the best of his ability. If you’re being investigated for any crime, firmly refuse to answer questions until you talk to a lawyer. The only information you’re required by law to give to police is your identification. Other than that you are under no obligation to talk to police, particularly if they want you to incriminate yourself.
Always talk to an experienced criminal defense attorney before you discuss your situation with the police. Remember: you’re innocent unless proven guilty and you don’t need to help put yourself in jail.
Tags: arrest, burglarize, Burglary, crime, drugs, lawyer, police, steal, Theft, utah
Posted in Drugs in Utah | No Comments »
There are many laws covering a variety of crimes that could be committed in Utah, but there’s one law that can punish a person who is considered a habitual violent offender.
Photo: sboneham
You would be considered a habitual violent offender if you are convicted of any violent felony in Utah and have been previously convicted twice of a violent felony and sentenced to prison in Utah or another state.
Some of the felonies the state considers violent include:
• Aggravated arson
• Stalking
• Domestic violence around a child
• Sodomy
• Aggravated robbery
There are many more felonies that fall under the “violent” category.
If a person is determined—beyond a reasonable doubt—to be a habitual violent offender, the following penalties will occur:
• A third degree felony conviction becomes a first degree felony
• A second degree felony conviction changes to a first degree felony
• If the conviction is for a first degree felony, then the person isn’t eligible for probation and the Board of Pardons and Parole shall consider his classification as a habitual violent offender when determining the amount of time he’s imprisoned
There is a note in the Utah Code under this law that the sentencing enhancement does not apply to the following crimes because it would lower the maximum penalty allowed by law:
• A grievious sexual offense
• Child kidnapping
• Aggravated kidnapping
• Forcible sexual abuse
In other words, when you’ve committed two violent felonies and you are found guilty of committing a third violent felony, you can receive additional punishment for the first two convictions—even though you’ve already served your time. That’s the law as it currently stands.
If you ever find yourself in a legal bind, don’t hesitate to talk to an experienced Utah criminal defense attorney. You will need to have a legal expert on your side and he might as well be the best. Make the right call today.
Tags: crime, Felony, habitual violent offender, lawyer, offender, utah, violent
Posted in Legal Process | No Comments »
A non-existent hit and run in South Salt Lake on Memorial Day was followed by a warning from the police to the public to enjoy the holiday weekend, drive safely and not do anything dumb.
Photo: Ecin Krispie
Not Everyone Enjoyed Their Holiday
Police received a call Monday morning reporting a hit and run at a convenience store in the 3300 South 300 West area of South Salt Lake. A woman had supposedly been run over by a car that then left the scene of the accident.
When the police arrived, they discovered that there wasn’t actually a hit and run, but possibly a drug deal gone awry. Apparently, a woman who’d bought some drugs from a dealer was annoyed about the sale so she crashed her car into his vehicle in the convenience store’s parking lot.
She then allegedly jumped into the drug dealer’s car and starting beating him up. At some point he pulled away and the woman fell out of the car. Police found out that she didn’t get hit by the car, nor was she injured. By the time authorities arrived, both people involved in the altercation had left the scene, so the police determined that since there wasn’t any victim, there wasn’t a crime.
Hiring a Utah Criminal Defense Attorney
Most crimes do have a both an accuser and an accused person, which is why there are Utah criminal defense attorneys. If you’ve been on the receiving end of a criminal accusation, don’t wait to talk to an experienced attorney.
Innocent people need a top Utah criminal defense attorney as much as the guilty folks. Do yourself a favor and contact a respected attorney who will vigorously defend you—both in and out of the courtroom.
Tags: attorney, crime, hit and run, lawyer, utah, victim
Posted in Humor | No Comments »
Vernal police are looking for a daring Utah thief who grabbed an American Cancer Society’s Relay for Life bucket in a Walgreens and took off with it—and the donations inside.
Photo: Richard Cocks
Don’t Keep Cash on the Counter
The alleged thief was captured on the store’s video surveillance; he supposedly wandered in and out of the store, loitering around the cash registers until no clerks were around. He then snatched the donation bucket and left the store.
What’s the Difference Between Theft, Robbery and Burglary?
Theft, robbery and burglary are different crimes, but potentially related to one another. There are various types of theft, but a basic definition of theft is:
• Obtaining or exercising control over someone else’s property by deception and with the intent to deprive the person of his property
Robbery, on the other hand, is:
• Using force or fear to take someone’s personal property, either right off their person or in their immediate presence. Robbery is a second degree felony.
You might be guilty of burglary if you:
• Enter a building or dwelling (residence) illegally and remain, with the intention to commit a certain crime. Burglary is a third degree felony if it occurs in a building; it’s a second degree felony if it takes place in a residence.
A person who enters a home and steals the homeowner’s jewelry, for example, will probably be charged with theft and burglary—two separate crimes.
Get the Legal Help You Need
Whether you’re accused of being a Utah thief or some other type of criminal, don’t wait to hire a top Utah criminal defense attorney. It’s in your best interest to have an experienced lawyer on your side, both in and out of the courtroom.
Tags: attorney, Burglary, crime, lawyer, robbery, Theft, thief, utah
Posted in Utah Legal Definition | No Comments »
A 71-year-old registered Utah sex offender is a suspect in an April hold-up at an Ogden credit union.
A Disguise Can Make the Man
The man allegedly wore quite a get-up in an effort to disguise his true identity. Nevertheless, a variety of law enforcement agencies working collectively were able to piece together enough clues to lead them to the Utah sex offender.
When police searched the suspect’s home, they found some items believed to be from the credit union robbery, in addition to other firearms. The man in question is being investigated for aggravated robbery and multiple charges of firearm possession by a restricted person.
Who is Restricted from Possessing Firearms?
People convicted of a violent felony or who are on probation or parole for any felony conviction are legally restricted from possessing, purchasing or otherwise having any type of firearm. Anyone who is found guilty of breaking this law will likely be charged with a second degree felony.
You might be guilty of committing aggravated robbery if during a robbery you:
• Use or threaten to use a dangerous weapon
• Cause serious bodily injury upon someone or
• Take or attempt to take a working vehicle
Aggravated robbery is a first degree felony, whether committed by a Utah sex offender or anyone else. Someone found guilty of a first degree felony could face a penalty of 5 years to life in prison, although there are often enhanced penalties when a crime is “aggravated.”
Let an Attorney Help You
Don’t hesitate to talk to a Utah criminal defense attorney if you’ve been charged with any crime. Having an experienced attorney on your side may make all the difference in your case.
Make the right choice for you—contact a Utah criminal defense attorney today.
Tags: attorney, Bank, credit union, crime, defense, law, lawyer, legal, sex offender, suspect, utah
Posted in Utah Crime News | No Comments »
When you use your cell phone in public, don’t be surprised if others overhear your conversation—that’s not considered illegal invasion of privacy. However, it is possible to be charged with a crime if you do any of the following:
Photo: Peter Hardy
• Trespass on property with the intent to eavesdrop on someone or use other forms of surveillance in an otherwise private place
• Install (in a private place without the consent of the person or people in that place who are entitled to privacy) any device used to observe, photograph, record, amplify or broadcast sounds or events. Putting a tap on someone’s phone or a hidden camera inside a bathroom both qualify as invasion of privacy.
• Install or use (outside of a private place without the person or people’s consent) any device designed to hear, record, amplify or broadcast sounds coming from a place that wouldn’t usually be heard from outside the location. For example, if you hold up a microphone outside your neighbor’s bedroom window to catch any action that might be occurring inside, you’ll be guilty of invasion of privacy.
Penalty for Invasion of Privacy in Utah
Committing invasion of privacy is a class B misdemeanor. If you’re found guilty of committing a class B misdemeanor crime, you could potentially be sent to jail for up to six months.
Talk to a Utah Criminal Defense Attorney
Remember that if you’re charged with a crime, it’s never too late to discuss your case with an experienced Utah criminal defense attorney. You need to have top legal representation to improve your chances of winning any courtroom battle.
Protect your freedom and reputation by talking to a Utah criminal defense attorney today.
Tags: attorney, crime, law, lawyer, privacy, recording, utah
Posted in Utah Legal Definition | No Comments »
There are many ways a person can commit the crime of obstructing justice in Utah; we’re going to share them with you so that hopefully you avoid committing this offense.
You might be guilty of obstructing justice if you try to hinder, delay or prevent the
• Investigation
• Apprehension
• Prosecution
• Conviction or
• Punishment
of any person who may have committed a crime. Some of the ways a person obstructs justice include:
• Giving a person a weapon
• Preventing someone from an act that might help apprehend, prosecute, etc., a person who’s involved in a crime
• Altering, destroying, concealing or removing any item or thing
• Making, presenting or using any item known by you to be false
• Harboring or concealing a person
• Giving a person transportation, a disguise or other method of avoiding discovery or apprehension
• Warning a person
• Concealing information
• Giving false information
Obstructing justice is either a third degree felony or second degree felony, depending on the circumstances. In Utah, a third degree felony may carry the possible prison sentence of 0-5 years, while a second degree felony can send you to prison for 1-15 years.
No matter how you think you’re helping someone, it’s better not to get involved in hiding or helping a person police believe has committed a crime. By doing so, you’re guilty of obstructing justice.
If you’ve been charged with this—or any other—crime, don’t wait to talk to a Utah criminal defense attorney. It’s a good idea to be represented by someone who has your best interests at heart. Make the right call today.
Tags: crime, Felony, justice, law, lawyer, legal, Misdemeanor, obstructing justice, utah
Posted in Utah Legal Definition | No Comments »
Utah Senate Bill 52 passed the Senate yesterday and is on its way to the House to see if cockfighting will be a felony in the future.
Photo: Stefan van Bremen
Cruelty to Animals to Include Cockfighting
The bill amends the crime of cruelty to animals to include causing a game fowl (like a rooster) to fight with a different kind of animal or creature for amusement or gain. Senate Bill 52 would make it a third degree felony for a person to:
• Possess, keep or train game fowl that you’re planning to engage in cockfighting
• Cause game fowl to fight or injure other game fowl for amusement or gain
• Permit cockfighting on your property
• Control, aid or abet cockfighting
The new bill also makes it a class B misdemeanor to be a spectator at any cockfight.
Cockfighting and Abortion?
There was some interesting debate in the Senate yesterday prior to the bill being passed. The senator who sponsored the bill stated that this particular sport can bring gambling, alcohol and drugs with it. A senator who opposed the bill noted that it’s strange to have cockfighting as a felony in a state where aborting babies is still allowed.
Do you have an opinion on this issue? Contact your state legislator if you have strong feelings for or against cockfighting becoming a felony. After all, the people who make the laws are the folks we put in office.
Contact a Utah Criminal Defense Attorney
If you have legal questions concerning a crime you’ve been charged with, the best person to talk to is a Utah criminal defense attorney. Don’t discuss your case with police under any circumstances. Contact an experienced Utah criminal defense attorney as soon as possible.
Tags: Abortion, attorney, cockfighting, crime, law, lawyer, legislator, senate, utah
Posted in Utah Law | No Comments »
If you live or travel within the boundaries of Sandy City, we want to make sure you’re aware of the following water and bike violations—because someone must have thought it necessary that these vital laws be addressed.
Photo: Don LaVange
Water Violations
It is against the law in Sandy City to take water out of turn or injure water facilities. We’ll explain in more detail exactly what these violations mean.
The law states that any person who willfully turns or uses the water (or any part thereof) of any
• Canal
• Ditch
• Pipeline
• Reservoir
except at a time specifically allotted to that person is guilty of a class B misdemeanor. It’s also a class B misdemeanor to willfully use more water than you’re allowed.
You also cannot change the flow of water designated for irrigation or other useful purposes unless you’re authorized. Additionally, don’t willfully and maliciously break or injure any
• Dam
• Canal
• Pipeline
• Water gate
• Ditch
or other method of transporting water unless you want to be charged with a class B misdemeanor.
Bicycle Violations—Parking on Sidewalks or Roadways
First, we thought it important to tell you what is allowed when parking your bicycle. It’s okay to park a bike:
• On a sidewalk, unless prohibited or restricted by an official traffic control device
• On a sidewalk as long as it doesn’t get in the way of pedestrians or other traffic
• At any angle to the curb or edge on a roadway anywhere parking is allowed
• By other bikes near the side of a roadway where parking is allowed
Make sure you don’t park your bicycle on a roadway where it will get in the way of a legally parked auto. Besides being against the law, your bike might get run over.
Talk to a Utah criminal defense attorney if you’ve been charged with breaking any of these (or other) laws. It’s better to have a legal expert on your side than to try and fight a criminal charge on your own.
Tags: attorney, bicycle, bike, crime, law, lawyer, Misdemeanor, sandy, utah, violation, violations, water
Posted in Crimes, Humor | No Comments »
A couple of thieves are on the loose following a fake diamond scam they’ve pulled with some unsuspecting victims.
Photo: Steve Jurvetson
Don’t Buy Candy–or Diamonds–From Strangers
The most recent incident took place in West Valley City, where a woman was approached by two other women with the story that they needed money for their family members who’d been in an accident. They convinced the woman to purchase a diamond for $5000, but the diamond turned out to be a fake.
This scam came on the heels of another event where a woman in an Orem shopping mall was asked to purchase a diamond. That woman did pay $8000 for a diamond, only to later discover it was made of glass. The description of the “saleslady” in Orem matches the description of one of the two women in West Valley City.
If caught, the women in these cases might be charged with theft by deception, which involves obtaining control over someone else’s property by deception and with the plan to deprive the other person of his property. Utah law notes that theft by deception does not occur when there is only:
• Falsity concerning matters having no monetary significance or
• Puffing (exaggerated commendation of items or worth) by statements unlikely to deceive an ordinary person in the group addressed
A word to the wise: don’t buy anything from a stranger if you’re not sure you are getting what you’ve paid for. Girl Scouts selling cookies are pretty obvious; however, the salespeople in these cases were a long way from being Girl Scouts.
We’re here to help if you have been arrested or are being investigated for committing a crime. It’s a good idea to talk to a Utah criminal defense attorney if you are in legal trouble; having expert advice can make all the difference. Make the right call today.
Tags: attorney, crime, deceit, deception, lawyer, stealing, Theft, thieves, utah
Posted in Humor, Utah Crime News | No Comments »
