Posts Tagged ‘Misdemeanor’

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Utah Criminal Laws and Off Highway Vehicle Use. How to Snowmobile, Bike and Four-Wheel Crime Free.

Jun
12
Utah Criminal Defense Blog, on the topic of  Utah Legal Definition
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Utah is a popular place for year-around off highway vehicle use—whether you’re into snowmobiling in the winter or four-wheeling in the summer. There are some laws and rules you should know about, however, to keep your off highway vehicle experience fun and crime-free.

Photo: Beth Woodrum

Photo: Beth Woodrum

You are not allowed to tear down, mutilate, destroy or deface the following items prohibiting or regulating off highway vehicle use on public lands:

• A sign
• A signboard
• Any notice

It’s also illegal to do anything to a fence or other type of enclosure or bars/gates on public lands.

It is against the law to operate a motor vehicle or give someone else permission to drive on public lands not designated for cross-country use. If you do either, you could

• Be guilty of a class C misdemeanor
• Be fined up to $150
• Be required to perform community service by repairing any damage you caused in your cross-country driving

Penalties are increased if you have previously been convicted of violating certain Utah laws or you’re caught committing some crimes related to cross-country driving.

There are many rules and regulations concerning off highway vehicle usage; if you have more questions, don’t hesitate to contact your local governmental entity.

If, perhaps, you’ve been charged with crimes relating to off highway vehicle use, immediately talk to a Utah criminal defense attorney. Don’t assume you have to live with a criminal charge or fine, particularly if you inadvertently disobeyed the law. Call a Utah criminal defense attorney today.

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Definition of Utah Arrest

May
29
Utah Criminal Defense Blog, on the topic of  Utah Legal Definition
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We frequently hear the term “arrest” but may not be completely aware of what it means or what force can be legally used when making an arrest in Utah.

Photo: A Gude

Photo: A Gude

Definition of Arrest

First, Utah law defines the term arrest as an actual restraint of a person or submission to custody. The law further states that a person shall not be subjected to any more restraint than is necessary for his arrest and detention.

In other words, beating someone until he’s unconscious is probably more than is necessary in most arrest situations.

Who Can Make an Arrest

Both peace officers and regular citizens can arrest someone—under certain circumstances.

A peace officer has the authority to make an arrest with a warrant and sometimes without a warrant. He doesn’t need a warrant if the person commits or attempts to commit a public offense in the officer’s presence. He can also make an arrest if he believes a felony or class A misdemeanor has been committed and has good reason to believe the person arrested committed the crime.

Other situations where a police officer can make an arrest include when the officer believes a person:

• may run or hide to avoid arrest
• might destroy or conceal evidence relating to the crime
• could injure someone or destroy property belonging to another person
• has committed the crime of failure to disclose his identity
• is an illegal alien and needs to be deported, has a warrant out on him or has committed or been charged with aggravated felonies in another state

A private person may make an arrest if the following occurs:

• a public offense attempted or committed in his presence
• a felony, and he believes the person he’s arresting committed the crime

Talk to a Utah criminal defense attorney if you believe you’ve been wrongfully arrested and/or charged with any crime. It’s important to have an experienced legal defender on your side regardless of your guilt or innocence.

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Child Abuse or Sunburn?

May
27
Utah Criminal Defense Blog, on the topic of  Utah Crime News
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A West Valley City woman and her boyfriend have recently been charged with child abuse after taking the woman’s baby to the hospital in July 2012 for burns on the baby’s face.

Photo: Tom Newby

Photo: Tom Newby

The boyfriend told police that he noticed and treated a sunburn on the baby’s face on July 17, 2012. The baby was taken to the hospital on July 19 and was admitted to the burn unit. Medical records show that a pediatrician who examined the baby didn’t think that the child had a sunburn, but possibly some type of chemical had been applied to the skin.

Another part of the story is that the mother slept next to the baby’s crib at the hospital for several hours before the medical staff woke her up. Supposedly that is unusual behavior for a parent whose child is in the hospital. Of course, they may not have taken into account the possibility that the mother was exhausted from the ordeal and relieved that her child was being well taken care of.

The mother has been charged with child abuse—a class A misdemeanor—and both adults have been charged with abuse or neglect of a disabled child, a third degree felony. Under Utah law, abuse of a disabled child can be defined as:

• Inflicting physical injury
• Causing or permitting someone else to inflict physical injury
• Unreasonable confinement

A person may be guilty of neglect if he or she is a caretaker of a child and then fails to provide:

• Care
• Nutrition
• Clothing
• Shelter
• Supervision
• Medical care

It often seems fairly easy for an outsider to determine that a child has been abused or neglected, many times without knowing the whole story. If you’re accused of child abuse or any other crime, don’t wait to discuss your case with a Utah criminal defense attorney. Talk to an experienced attorney who will fight for your rights.

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Utah DUI Violation Penalties

Apr
30
Utah Criminal Defense Blog, on the topic of  Criminal Defense Misc, DUI in Utah
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Since a lot of people like to drink a nice cold beer or glass of wine from time to time, it’s good to be reminded of what the penalties are for being found guilty of a Utah DUI. Those consequences can be quite severe, and it doesn’t take much alcohol in your blood stream to be considered under the influence in Utah.

Photo: nerissa's ring

Photo: nerissa’s ring

How Much Alcohol is Necessary for a Utah DUI?

You are not legally allowed to operate a vehicle in this state if any of the following occur:

• If your blood or breath alcohol concentration is .08 grams or greater at the time of a chemical test or
• If you are under the influence of alcohol, any drug or the two combined and it’s determined that you can’t operate a vehicle safely or
• If you have a blood or breath alcohol concentration of .08 grams or more at the time of operation or actual physical control of a vehicle

Penalties for Utah DUI

Most first time Utah DUI offenders are charged with a class B misdemeanor. The charge increases to a class A misdemeanor if you

• Inflict bodily injury upon someone as a result of your negligent behavior
• Have a passenger under 16-years-old at the time of the offense
• Are 21-years-old or more and have a passenger under the age of 18 in your vehicle

You may be charged with a third degree felony if you cause serious bodily injury on someone else or if you’ve had two or more prior convictions which are within 10 years of:

• The current conviction or
• The time of the offense for the current conviction or
• A conviction of automobile homicide or
• A felony violation for a Utah DUI

As you can see, the laws concerning DUIs in Utah can be complex and confusing, particularly to the average citizen. That’s why you should immediately discuss your case with a Utah criminal defense attorney if you’ve been charged with a Utah DUI or any other crime.

It’s in your best interest to have a reputable legal expert on your side in any criminal matter. Make the right move and talk to a Utah criminal defense attorney today.

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Exotic Snake Collector Charged with Misdemeanor

Apr
29
Utah Criminal Defense Blog, on the topic of  Criminal Defense Misc
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A Cottonwood Heights exotic snake collector was recently issued a class C misdemeanor by the city because he didn’t have an exotic pet permit. Admittedly, Thomas Cobb does have a rather large collection of boa constrictors—29 to be exact. However, Cobb didn’t know that was against the law.

Photo: William Warby

Photo: William Warby

Be On Alert for Exotic Snake Tubs

An unidentified neighbor of Cobb’s called the police after spotting Cobb cleaning a tub for some snakes out on his lawn. When Cottonwood Heights police arrived, Cobb showed them where the snakes live in his basement. Don’t worry; the boas aren’t milling about, slithering freely all over the floor, just waiting for the opportunity to escape through an open window. According to reports, they live in clean cages and Cobb takes good care of them.

Cobb was given one week to get rid of all the snakes but one, since the city’s law supposedly only allows a person to keep one exotic animal at their residence.

Cottonwood Heights does have an ordinance concerning exotic animals. It does say that a person cannot keep an exotic animal unless he has a permit. The ordinance also states that the person must:

• demonstrate sufficient knowledge of the species to provide adequate care
• present proof of adequate caging appropriate for the species
• present proof that the animal poses no threat to the health and safety of the community should it escape

What to do with 28 Exotic Snakes?

Considering that Cobb built the room where the snakes live specifically for their needs, it will be difficult for him to find other living arrangements for 28 boa constrictors easily. He did note that he may hire an attorney and take the matter to court.

If you’ve been mistreated by the law and are in need of legal help, don’t wait to talk to a Utah criminal defense attorney. You deserve to have your rights protected, because even if you’re accused of a crime we believe that the legal system still says you’re innocent unless you’re proved guilty.

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A Utah Funeral is Serious Business

Apr
24
Utah Criminal Defense Blog, on the topic of  Humor, Utah Legal Definition
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Without poking too much fun at the state legislature, today we’re going to cover a crime that probably doesn’t occur too often—disrupting a Utah funeral or memorial service. Believe it or not, this crime is on the Utah law books, and you could spend time in jail if you’re found guilty of committing this offense.

Photo: GSofV

Photo: GSofV

Disrupting a Utah Funeral

You might be found guilty of a class B misdemeanor if you, with a plan to disrupt the Utah funeral or memorial service, do any of the following during the 60 minutes right before the service starts or in the 60 minutes immediately following the service:

• obstruct, hinder, impede or block another person’s entry to or exit from the memorial site
• obstruct, hinder, impede or block a funeral procession
• make unreasonable noise or
• engage in disruptive activity within 200 feet of the memorial service

Activities to Avoid at a Funeral

We know you can’t wait to find out what “disruptive activity” includes. The law lists:

• a loud or disruptive oration or speech that isn’t part of the memorial service
• displaying a placard, banner, poster, flag or other item that isn’t part of the service
• distributing any handbill, pamphlet, leaflet or other written material or item that isn’t part of the service

Although we don’t recommend it, apparently you can do any of the above-listed things anytime outside the specified timeframe. To be on the safe side, though, keep your disruptive activities to yourself.

Discuss Your Case with a Utah Criminal Defense Attorney

Even though you aren’t likely to be arrested for breaking the Utah funeral and memorial service law, if you find yourself in legal trouble it’s best to talk to a Utah criminal defense attorney.

Get the legal help you need and deserve today.

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Posted in Humor, Utah Legal Definition | No Comments »

Burglars on the Loose in Weber County

Apr
11
Utah Criminal Defense Blog, on the topic of  Utah Crime News
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It’s always a good idea to lock your cars and homes, regardless of where you live, in order to deter potential burglars from stealing your valuables. Many residents in Weber County—specifically West Haven and Hooper—are probably now taking that advice a bit more seriously after having their cars and garages broken into recently.

The Weber County Sheriff’s department reported that 29 burglaries have taken place during the last month, with 9 in one day. They noted that so many burglaries during that period of time is extremely unusual. Burglars are getting into unlocked cars and garages, taking everything from change to expensive electronics.

Burglary of a Vehicle

Burglary of a vehicle is a class A misdemeanor, which can send you to jail for up to one year. If you unlawfully enter any vehicle with the intent to commit a felony or theft, you will probably be charged with burglary of a vehicle. Additionally, you will likely also be charged with the specific felony or theft crime you commit.

Burglary of a Railroad Car

Interestingly, the state of Utah is also prepared with charges if you should decide to burgle a railroad car. Breaking the lock or seal on any railroad car you plan to burgle or commit another felony in is illegal, and you’ll be charged with a third degree felony. Keep in mind that a third degree felony conviction can carry the possible penalty of five years in prison.

Ask an Attorney for Advice

Talk to a Utah criminal defense attorney today if you’ve been charged with burglary or any other crime. Don’t discuss your case with anyone, especially police, unless your attorney recommends it. The prosecution and law enforcement have their own agenda, and it’s not protecting the person accused of a crime.

Protect yourself and call a Utah criminal defense attorney.

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Posted in Utah Crime News | No Comments »

Utah Principal Admits to Viewing Pornography at School

Mar
25
Utah Criminal Defense Blog, on the topic of  Constitutional Rights
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A Utah principal is in legal hot water after he admitted to viewing pornography on his phone in his elementary school office.

Photo: The GameWay

Photo: The GameWay

What Happened?

Chad Christman reportedly told a school district police detective that he had accessed a pornographic website while in his school office in February. The Utah principal has been charged with a class A misdemeanor; he resigned his position two weeks ago.

Invoke Your Constitutional Right

One of Christman’s biggest mistakes, besides viewing porn at work, was discussing his case with police without the advice of a Utah criminal defense attorney. Keep in mind that you are under no obligation—and, in fact, it can be to your detriment—to talk to law enforcement about any criminal matter they believe you’re involved in.

Don’t be afraid to use your Constitutional right to remain silent when approached by police. They will likely try hard to get you to talk, but you don’t need to admit anything without consulting an attorney.

Viewing indecent material or pornography while on school property is, as we mentioned, a class A misdemeanor if you’re 18 or older. It’s a class B misdemeanor if you’re under the age of 18. Additionally, each incident of viewing porn can be charged separately; if you access a porno website three separate times, you will likely be charged with three misdemeanors.

Ask a Utah Criminal Defense Attorney for Advice

Contact a Utah criminal defense attorney if you’re facing any criminal charges, or even if you’re being investigated by law enforcement. You don’t have to wait to be arrested to benefit from top legal representation. Make the right call today.

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Utah Thieves Tackle Tough Target: Girl Scouts

Mar
19
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.

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Posted in Humor, Utah Crime News | No Comments »

Committing Threat of Violence in Utah

Mar
13
Utah Criminal Defense Blog, on the topic of  Utah Legal Definition
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There is a crime called threat of violence on the Utah law books, and you could spend some quality time in jail if you commit this crime.

Photo: Quinn Dombrowski

Photo: Quinn Dombrowski

If You Can’t Say Something Nice…

Nowadays, you really can’t go around threatening people unless you want to take a chance on getting arrested. It’s a good idea to keep a calm head and a closed mouth if you’re upset with someone or be prepared to face the legal consequences.

The law states that you are guilty of committing threat of violence if you threaten to commit any offense involving:

• Bodily injury
• Death or
• Substantial property damage

and if you act with the intent to carry out your threat. It’s a class B misdemeanor to commit threat of violence, and it’s illegal to threaten someone in an obvious manner or in an implied fashion.

I Didn’t Mean It!

Additionally, it’s not a defense to say that you didn’t attempt to carry out the threat or were incapable of doing what you threatened. If you threaten someone and then do what you threatened, you’ll likely face charges for both crimes.

There are many times in life when you can soldier on and take care of yourself. Being charged with a crime isn’t one of those times, however. If you or a loved one has been arrested for any crime, immediately contact a Utah criminal defense attorney.

Let your attorney, who knows Utah law, help you both in and out of the courtroom. Take charge of your life by hiring an experienced Utah criminal defense attorney right away.

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