If you are behind the wheel and an accident occurs, there are some steps you need to take in order to avoid certain criminal charges for leaving an accident scene.
Photo: Salim Virji
Accident Scene Involving Injury
When you’re driving and are involved in an accident when you think an injury may have occurred, you are required to do the following:
• Immediately stop at the scene or as close to the scene as possible (try to avoid causing traffic obstructions)
• Remain at the scene until you’ve given information such as your name, address, vehicle registration number, insurance info to anyone else in the accident (including the police). You also need to render appropriate assistance to anyone injured in the accident.
If you’re in an accident and you leave and then realize there was an injury, you need to comply with the above instructions as soon as possible.
If you fail to follow the law and an injury occurred, you may be guilty of a class A misdemeanor and you may also have to pay a fine (which will be at least $750). Not adhering to the law in a situation when serious bodily injury occurs will likely earn you a third degree felony charge and at least a $750 fine.
Accident Scene Involving a Death
The same requirements apply to a driver who is involved in an accident when he thinks someone has died. If you find yourself in these circumstances and you don’t stop, don’t give your information and don’t provide assistance, you’ll probably be charged with a third degree felony and be fined at least $750.
In order to keep yourself out of jail or prison, it’s in your best interest to stop your car any time you’re in an accident. A third degree felony can carry a penalty of up to five years in prison—no one wants to end up incarcerated because they didn’t stop and help at an accident they were part of.
Let a Utah criminal defense attorney help you if you’ve been charged with any crime. It doesn’t matter what you did—or didn’t do. The important thing is to hire a top-notch Utah criminal defense attorney as quickly as you can.
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
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.
In case you weren’t one of the folks checking out the prostitutes along 1500 South State Street last week, you might as well know that the market for prostitutes in Utah is alive and well—sort of.
Six people searching for a prostitute last week discovered that the Salt Lake police are also hitting the streets, but as undercover prostitutes. Five men and one woman were arrested last Thursday after they each allegedly attempted to hire the services of a prostitute. Unfortunately for those individuals, they hit on undercover cops instead. Now, each John-to-be is facing criminal charges.
I Was Entrapped!
You may have heard of the word entrapment, but those six people probably can’t claim that as a defense in this situation. Entrapment occurs when a peace officer or a person directed by or acting in cooperation with the officer encourages the commission of a crime in order to obtain evidence to aid in the prosecution of the person being entrapped, creating an opportunity whereby the crime is likely to occur when the person wasn’t ready to commit such a crime.
Utah law specifically states that conducting yourself in a way that gives someone the opportunity to commit a crime doesn’t equal entrapment. In other words, cops can pose as prostitutes and see if anyone will take the bait without the police being in trouble.
Play it Safe; Talk to an Attorney
We want to remind you, though, that you should never take your situation at face value. Don’t automatically assume that there’s no legal defense for you, regardless of the crime you’re accused of.
Talk to a qualified Utah criminal defense attorney as soon as possible if you’ve been charged with a crime. Find an experienced attorney who understands Utah law and will work hard to provide you with an aggressive defense. Make the right call today.
A Utah man had a busy day Tuesday, allegedly assaulting his girlfriend, robbing a child and damaging a jail (breaking a police car window with his head).
Photo: Dylan Ashe
First Things First
The man started his day early, because police were called around 8 a.m. to check out reports of a domestic assault and a robbery. When police arrived they found the man’s girlfriend bruised, but no sign of the boyfriend.
Next, police talked to the kid, a 12-year-old who gave the man his gold necklace after supposedly being threatened with a knife. Law enforcement soon found the guy and put him in a police car. That’s when the window was broken by the man repeatedly banging his head against it.
Any Regrets?
This guy is now sitting in jail while he’s being investigated for aggravated robbery, domestic violence, damaging a jail and a few other crimes.
It’s a third degree felony in Utah to damage a jail. You could be charged with this crime if you:
• Willfully and intentionally break down, pull down, destroy, flood or otherwise damage any public jail or place of confinement, which includes a detention, shelter or secure juvenile detention facility.
It’s also legal for a police officer to use all reasonable means under the circumstances—including the use of a weapon—to protect jail property or prevent escape by someone who attempts to damage jail property or attempts to escape. Law enforcement must consider the police care to be jail property in this situation.
Let a Utah Criminal Defense Attorney Help You
Because most legal situations are complicated, it’s vital that you be represented by a top Utah criminal defense attorney if you’ve been arrested or are under investigation. Never discuss your case with law enforcement except under the advice of an experienced Utah criminal defense attorney who is looking out for your best interests.
There are many occasions during which you may be able to remain blissfully anonymous, but there are certain times you are required to disclose your identity—at least while in Utah.
Photo: Ken Hawkins
Failure to Disclose Your Identity
You will be guilty of failing to disclose your identity if you are lawfully subjected to stop by a police officer and you refuse to:
• Give your name when requested by the officer and the demand is reasonably related to the request for the stop
• Give your name as long as the request to disclose your identity doesn’t tend to incriminate you in the commission of a crime
Failure to disclose your identity is a class B misdemeanor. That crime comes with the potential punishment of up to six months in jail.
Failure to Stop
Along with failing to disclose your identity, it is a class A misdemeanor to flee or try to escape from a police officer when the officer has verbally or otherwise requested that you stop. It’s also illegal to elude a law enforcement officer to attempt to avoid arrest.
Class A misdemeanors can carry up to a one year jail sentence.
Discuss Your Case with a Utah Criminal Defense Attorney
It’s a good idea to talk to a Utah criminal defense attorney if you’re contacted by law enforcement for any reason. You may be innocent of any crime, but it’s best to have an attorney on your side who understands the situation. Make the right choice and call today.
The Utah Court of Appeals issued an opinion this week upholding the convictions of Jeff Lamb for three counts of theft of lost property, third degree felonies under Utah Code section 76-6-407. State v. Lamb, 2013 UT App 5, Case No. 20111071-CA.
In 2010, Utah Department of Agriculture Theft Inspectors received a tip of possible cattle rustling in Ephraim, Utah and went to a nearby property to investigate. Using binoculars, the inspectors looked at the cattle on Mr. Lamb’s property and found that one of the calves did not have the Lamb branding marks. Based on this observation, the inspectors entered the first and found two other cows with different ownership markings.
Mr. Lamb challenged his convictions, arguing that the three charges should have been tried in separate trials because the charges involved different owners, different kinds of cattle, and different days when Mr. Lamb obtained them. The trial court disagreed and found that the thefts were part of a common plan or scheme because they were all obtained when Mr. Lamb was driving his herd was between ranges and they were all kept in possession for a long time “without taking reasonable measures to return them.” The court of appeals agreed with the trial court.
Mr. Lamb also argued that the inspectors viewing of his field and entry onto field violated his right against unreasonable search and seizure under the Fourth Amendment of the United States Constitution. The court of appeals disagreed with Mr. Lamb and cited the United States Supreme Court cases that have found that “open fields” are not protected by the Fourth Amendment. According to the court, “An ‘open field’ need not actually even be ‘open’ or a ‘field.’ So long as it is not part of the curtilage of a home, an ‘open field’ can be a secluded field surrounded by woods, fences, chicken wire, or embankments, and entirely out of public view or access; it can even be a cave, a still, a shed, a small concrete building, a chicken coop, a hog pen, a good pen, or an open and shared parking area adjacent to or behind an apartment building.” Lamb, 2013 UT App 5, ¶ 16.
Even though you may own a piece of property, it does not mean that there is absolute right to keep the police from entering onto it. Courts looks to whether the owner has a “reasonable expectation of privacy” in the property when considering search challenge.
If you are under investigation or have been arrested, call an experienced criminal defense attorney to help you learn about and protect your rights.
A man who police believed may have been suicidal was shot by police twice after he pointed a gun at the officers.
It seems that the man was holding a BB gun, although the police who responded were unaware of the type of gun. They asked him several times to put the gun down, but didn’t; eventually pointing the BB gun directly at a police officer. At that point the man was shot by police two times. Fortunately for him, the wounds do not appear to be life-threatening.
There is no immediate information on what charges the man will face, but the odds are good he’ll be in some legal trouble following his recovery. In fact, he may be charged with assault against a police officer.
Assault against a police officer or member of the military acting within his scope of duty is usually a class A misdemeanor. The exception to that charge is if a person violates this law more than once he will be guilty of a third degree felony.
If you are found guilty of this charge a second time, you will be required to serve a minimum of 90 ninety days in a prison or jail. Any additional offense will send you to jail or prison for 180 days. Under certain circumstances, a court may suspend a sentence concerning this law.
You needn’t wait to be arrested or charged with a crime to contact a Utah criminal defense attorney. It is in your best interests to make the right phone call today and get your life back on track.
You are probably aware that evading police in Utah is a crime, but did you know that you can be charged separately for evading police by going onto school property?
Photo: Steve Garner
Evading Police by Going onto School Property
It’s a class A misdemeanor to go onto any public or private school property while trying to get away from the police if the following conditions are in effect:
• Students are attending the school or
• There are students involved in a school-related activity or program at the time
You won’t only be charged with a class A misdemeanor, you will also be required to pay restitution to the school for any costs incurred as a result of your incursion onto the property. Additionally, Utah law specifically states that it isn’t a defense that you weren’t aware you were on school property while evading police.
Failure to Stop a Vehicle
When you’re in a car and directed to stop by a peace officer, you need to come to a complete stop right way or else you may be charged with a felony. Driving your car in a way that endangers someone else or evading police in the car or on foot will probably be followed by a third degree felony charge. You’ll likely also be fined and have your driver’s license suspended.
Evading a Police Officer
It’s a class A misdemeanor if you do not stop at the request of a police officer once he has given a visual or verbal command to stop or if you’re attempting flight to try and avoid being arrested.
If you try to get away on foot from a police officer because you don’t want to be arrested and then run onto school grounds, you’ll probably be charged with two class A misdemeanors. Keep in mind that one class A misdemeanor can come with a penalty of up to one year in jail.
Your best bet is to follow a police officer’s instructions to stop, even if that means you’ll be arrested. Although it’s in your best interests to avoid evading police, you still shouldn’t discuss your situation or case with anyone other than your Utah criminal defense attorney. You are not obligated to talk to police, nor should you. Contact a Utah criminal defense attorney who will explain your rights to you and represent your best interests in any criminal matter.
An 18-year-old Utah man was arrested August 17th after throwing an empty beer can at a police officer from his vehicle and then leading the officer on a chase. The officer eventually stopped the man using a PIT maneuver (if you have never seen one of these, check out the video below). The man was charged with driving under the influence, among other things. He reportedly told officers that he had been dumped by his girlfriend and wanted to get into trouble. He obviously succeeded.
Each person that is charged with criminal offenses brings with them to court their own circumstances and problems. Although being emotionally distraught, as this man clearly was, may not excuse a criminal act, a good criminal defense attorney can communicate a client’s unique circumstances to judges and prosecutors. An advocate can help tell your story and achieve the best possible legal outcome that will prevent bad situations like the one described above from becoming worse.
