Posts Tagged ‘police’

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Utah Cop Caught With Drug Paraphernalia

Aug
23
Utah Criminal Defense Blog, on the topic of  Drugs in Utah
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Photo: bjorn 512

Drug paraphernalia and law enforcement often go hand-in-hand, normally because police officers take such devices from people they cite or arrest. This time, however, it was a police officer who was caught with drug paraphernalia in his police car—allegedly using it to smoke heroin.

A Draper, Utah K-9 officer was spotted outside a Sportsman’s Warehouse by a security guard who believed the officer was smoking an illegal substance. When other law enforcement arrived, they found the drug paraphernalia in his police car. The officer resigned just hours after the incident. It is reported that the Draper Police Department is conducting an internal investigation into the officer’s alleged heroin use. No charges have been brought against the officer yet.

Here are some things you should know about drug paraphernalia in Utah:

• It is illegal to use, or possess with intent to use, drug paraphernalia in any way to put any controlled substance into the human body. Violation of this law is a class B misdemeanor.
• It is also against the law to deliver, intend to deliver or manufacture drug paraphernalia that you know will be used in conjunction with a controlled substance for human use. The charge for breaking this law is a class A misdemeanor.
• It’s a class B misdemeanor to advertise the sale of drug paraphernalia.
• If you are 18 years old or older and you deliver drug paraphernalia to a person who is under the age of 18 and who is 3 or more years younger than the person doing the delivering, you will be guilty of a third-degree felony.
• A class B misdemeanor can send you to jail for up to six months, while a class A misdemeanor may get you up to a year’s jail time. It gets worse. A third-degree felony may find you in prison for up to five years.

When it comes to drug use and paraphernalia, we could quote Nancy Reagan, who coined the phrase “just say no.” Unfortunately, that can be easier said than done. Don’t beat yourself up if you’ve been caught with drugs and/or the tools created to use the drugs. There are a lot of people who have been in your situation.

What you should do next is take the time to call a Utah criminal defense attorney. If you’re having legal problems with anything drug-related, a good attorney can represent your interests in any criminal matters. You deserve the help and support a Utah criminal defense attorney can provide.

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Posted in Drugs in Utah | No Comments »

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 recently 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 »

Utah Man Shot by Police During Encounter

Jul
08
Utah Criminal Defense Blog, on the topic of  Crimes, Hiring a Lawyer
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A Utah man who confronted police officers with a dumbbell or pipe-type object, is now in extremely critical condition. The man was allegedly threatening a neighbor’s teenager when police were called. When police arrived on the scene, they first tried Taser the man, and after that failed to subdue him, another officer shot the man twice. The officers were placed on administrative leave following the incident.

Photo: Kecko

According to neighbors, the man, who has lived in the area for 10 years, suffers from mental illness but has not been taking his medications. Other neighbors stated that children in the area had been throwing things at the man’s house over the preceding days, and that may have been involved in the man’s anger. The man apparently had a warrant recently issued for his arrest on third-degree felony charges involving aggravated assault. He had also had a temporary civil stalking injunction granted against him two years ago.

Mental illness can be a difficult problem for many individuals. We don’t know how this man’s mental circumstances may have affected his behavior in this situation. Hopefully, this man will be able to find good legal counsel. Numerous people suffer from mental illness and that may be taken into consideration at some point in this man’s future. 

If you know someone who needs expert legal defense, contact a Utah criminal defense attorney today. Make sure you find an attorney with a proven track record when it comes to Utah criminal cases. Mental illness is not usually an individual’s fault, and people who suffer from any type of mental illness need assistance, too.

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Posted in Crimes, Hiring a Lawyer | No Comments »

Complying With Law Enforcement in Utah

Jun
28
Utah Criminal Defense Blog, on the topic of  Constitutional Rights, Dealing with Police
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When a Utah law enforcement officer is attempting to do his job in a legal manner, it is important that you do not interfere in any fashion. Hindering a peace officer in doing his duties carries penalties and can make your situation worse. 

Photo: Tim Pierce

If a peace officer is trying to make a lawful arrest or detain you or another person and you interfere with his attempts, you could be guilty of a class B misdemeanor. The legislature considers the following methods of obstruction illegal:

  • Use of force or any weapon;
  • The arrested person’s refusal to comply with the lawful order of the officer; or
  • Any person’s refusal to refrain from doing anything that would prevent or hamper the arrest or detention.

Additionally, if a law enforcement officer directs a person to stop, that person must do so or be subject to a class A misdemeanor. Some of the ways a person can get into trouble by not stopping at a peace officer’s command are:

  • Ignoring a verbal or visual command;
  • Attempting to avoid arrest; or
  • By failing to stop a vehicle.

Just because you comply with a law enforcement officer’s request to stop or allow the officer to arrest or detain you does not mean you are required to give the officer any statement or other information he may request from you. Whether or not you have been read your rights, under no circumstances should you make a statement until you have received the advice of legal counsel. Some people think that because they know that they are innocent, not talking to law enforcement makes them look guilty. Don’t make that mistake. You should always contact a Utah criminal defense attorney and then follow his or her recommendations.

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Posted in Constitutional Rights, Dealing with Police | No Comments »

Utah Man Allegedly Fires at Police

Jun
24
Utah Criminal Defense Blog, on the topic of  Crimes, Dealing with Police, Utah Crime News
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A man is currently hooked up to a ventilator in a Utah hospital after allegedly firing his gun at police and then shooting himself in the chest. Police state that when they attempted to serve Jason Valdez, who is a gang member, a felony drug warrant, he locked himself in his motel room. A standoff with police ensued, ending hours later with holes in the motel room walls (blasted through by SWAT team members) and Valdez with an apparent self-inflicted gunshot wound to the chest.

Photo: rossaroni

Police say they are going to charge Valdez with two charges of attempted aggravated murder. Aggravated murder is a first degree felony. When an individual is charged with an attempted crime, the charge is reduced by one degree. Therefore, attempted aggravated murder would be a second degree felony. Second degree felonies carry a potential penalty of one to fifteen years in prison.

An interesting side note is that the SWAT team apparently left a huge mess in the adjoining motel room to Valdez’s–everything from gaping holes in the walls to plastic bottles full of urine. The police explained that there were no bathroom facilities available to the SWAT team, and after a 12-hour standoff, they had to use what was available to them. According to the police, when the standoff was over, the SWAT team was traumatized and forgot to clean up. Apparently, there are methods of recourse for the occupants of the ruined room available through the city.

Without knowing Valdez’s side of the story, it wouldn’t be prudent to jump to any conclusions. Hopefully he will employ competent Utah criminal defense counsel to represent him for any charges he may face.

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

Don’t Impersonate a Peace Officer in Utah

May
30
Utah Criminal Defense Blog, on the topic of  Humor, Utah Law
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If you’ve always wanted to be a police officer or public servant, but haven’t quite achieved that status yet, be aware that you will be prosecuted in Utah if you pretend to be a peace officer or other public servant while in the state. This doesn’t mean that you can’t show up in a cop costume at your next Halloween party. It’s okay as long as you don’t attempt to arrest anyone or try to get a person to do something they wouldn’t do unless a police officer is asking.

Photo: James Case

You can be convicted of a class B misdemeanor if you:

  • Impersonate a public servant or peace officer with the intent to deceive a person or get that person to submit to pretended authority;
  • Falsely tell a person you are a peace officer with the intent to deceive a person or get that person to submit to pretended authority; or
  • Have or display any badge, identification, restraint device or uniform with the intent to deceive a person or get that person to submit to pretended authority.

Keep in mind that a class B misdemeanor conviction can send you to jail for up to six months. If you see or become involved in a situation that warrants the involvement of law enforcement, take a minute and dial “911.” Don’t pull out that fake badge or the real one belonging to your brother and attempt to take control. There’s a reason that police officers and other public servants receive special training.

If you’re already in a jam because you impersonated a peace officer, contact a Utah defense attorney today. He or she also received specialized training, three years in law school, in order to help average people in troublesome circumstances.

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Posted in Humor, Utah Law | No Comments »

Entrapment by Utah Police

Feb
15
Utah Criminal Defense Blog, on the topic of  Crimes, Dealing with Police, Utah Law
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Although entrapment occurs regularly in Utah, proving your case against a police officer is difficult, especially without a good attorney.  Entrapment occurs when a police officer or someone under the direction of a police officer induces a person to commit an offence by methods which create a substantial risk that the offense would not have otherwise been committed by the same person in a natural setting with no police involvement.  Unfortunately, Utah Code protects the police more than the common citizen, as it further states that “conduct merely affording a person an opportunity to commit an offense does not constitute entrapment.”

Most people go throughout their lives never being approached by a prostitute, and therefore, never find themselves behind bars for soliciting a prostitute.  Likewise, many people are never presented with the “opportunity” to purchase crack cocaine from the friendly neighborhood pharmaceutical representative.  A large percentage of citizens would have gone their entire lives innocent of committing a crime had they not been bamboozled by an undercover police officer.

Everyone on the face of this earth is imperfect and capable of committing a crime, especially if they happen to be in a highly susceptible period in their lives and are presented with an “opportunity.”  Fortunately, opportunities to commit a crime aren’t around every street corner.  If they were, there would naturally be more crime.  If you’ve been given the “opportunity” to commit a crime by a Utah police officer, and currently find yourself confused and behind bars, let us fight your case and restore you back to your pre-entrapment state.

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Posted in Crimes, Dealing with Police, Utah Law | No Comments »

Failure to Stop for a Utah Police Officer

Feb
03
Utah Criminal Defense Blog, on the topic of  Dealing with Police, Utah Law
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While it may provide cheap entertainment for those watching the show COPS on a Sunday night, failing to stop at the command of a Utah police officer is no laughing matter.

Today, a man by the name of Wade Leon Willis, slipped through the fingers of law enforcement officers.  After being arrested, Willis supposedly experienced a seizure and was taken by police to Utah Valley Regional Medical Center.  “Evade Wade,” as we affectionately call him, added part deux to his Utah acting debut by convincing police he had to use the restroom.  Similar to a typical Hollywood movie, police allowed him to go into the restroom unsupervised, and that is when Evade Wade made his move.  While police sat patiently outside the bathroom door, Wade Leon Willis made his way into the ceiling of the restroom, crawled several feet to a nearby hallway then made his finale by quietly strolling out the side door.

While it’s understandable Evade Wade or anyone would avoid going to jail, failure to stop or otherwise evading law enforcement is against the law and can carry severe penalties including jail time.  Next time you’re faced with the decision to stop for a police officer, whether you’re in a car or on foot, we suggest you put on the brakes.

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Posted in Dealing with Police, Utah Law | 1 Comment »

When Utah Police say, “Can I search your vehicle?” Just Say No.

Sep
13
Jesse Nix, Utah Criminal Defense Lawyer, on the topic of  Constitutional Rights, Dealing with Police
1comment
Photo: US Army Korea - IMCOM

Photo: US Army Korea - IMCOM

If you are driving on the street, pulled over, and a Salt Lake City cop asks to search your vehicle, ALWAYS SAY NO. You are only legally required to give the cop your license and registration. After that, you do not have to do anything.

Even if you have nothing to hide, just say no. If you share a car with someone, it is possible that the previous driver may have left something illegal in the car that you didn’t know about. If you let the cops search your car, they’ll find the illegal item and blame you for it. Don’t let this happen! Just say NO!

If you do have something to hide, still say no to the cop. Too many times, a person will knowingly have an illegal item in their possession. The cops will not even suspect that the person has anything illegal, but they’ll ask to search the car. The person becomes scared and allows the search of the car. Inevitably, the cops find the illegal item. Don’t let this happen! Just say NO!

An officer can only legally search your car with your consent or if he has probable cause that you have committed an illegal offense. Do not ever give your consent. If the officer has a basis for searching, or if the officer says he is going to get a search warrant, simply allow the officer to do his job, but explain that you are not consenting to the officer searching either you or the car.

However, if you are arrested for a DUI or outstanding warrant, the cop has the right to search your car. You can avoid that situation by not driving under the influence and taking care of outstanding warrants.

If you made the mistake of consenting to a search and the police found something incriminating and you were charged, contact an attorney immediately to see how they can help you.

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Posted in Constitutional Rights, Dealing with Police | 1 Comment »

Utah Highway Patrol Trooper Steed Violates UHP Policy on camera

Sep
10
Jesse Nix, Utah Criminal Defense Lawyer, on the topic of  Dealing with Police, Legal Process, Utah Crime Related Videos
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Utah Highway Patrol Trooper Lisa Steed has been in the news recently for allegedly violating UHP policy in her DUI investigations.  Because UHP records all stops on camera, we now have proof of her bad acts.  In this video, she violates UHP policy by attempting to administer a breathalyzer test first.  UHP policy states that a breathalyzer is only given once a troop has done the field sobriety tests.  Besides this violation, Trooper Steed went completely overboard by using a tazer on the subject.

Watch this video.  Do you think Trooper Steed acted appropriately, or overstepped her bounds as an officer of the law?

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Posted in Dealing with Police, Legal Process, Utah Crime Related Videos | 3 Comments »

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