Posts Tagged ‘Right to Remain Silent’

Sexual Assault Charge in Utah

Aug
29
Utah Criminal Defense Blog, on the topic of  Dealing with Police, Utah Crime News
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A man has been charged with committing aggravated sexual assault of a child and obstruction of justice following an August 22 incident at Liberty Park. A witness has stated that she saw a man hanging around in the bushes near the water feature at the park. According to the witness, at some point a young girl (who turned out to be five-years-old) walked by, and the man grabbed her and pulled her head towards the crotch area of his pants. The witness yelled for someone to call the police, and the assailant left the scene on a bicycle.

The Accused

Brandon Lee Elder, the man charged with the crimes, apparently told police that he waited near the water feature for around two hours for a girl to walk by. This is not Elder’s first run-in with the law. In the past, he has pled guilty to attempted sexual battery as well as battery.

Potential Penalty for Sexual Assault

Aggravated sexual assault of a child is a first-degree felony. The penalty for a first-degree felony is generally five years to life in prison, but the addition of “aggravated” can increase the penalty, if the individual is found guilty. Obstruction of justice is considered a second-degree felony if it occurs in conjunction with a first-degree felony. Second-degree felonies are usually punishable by 1-15 years in prison.

Your Right to Remain Silent

It is important to remind you that under no circumstances should you talk to the police without the advice of an attorney, regardless of what the police might ask you or tell you. It is completely within your rights to remain silent unless your attorney tells you to talk to law enforcement. Refusing to talk to the police does not mean you’re guilty of anything; in fact, it shows you’re looking out for your best interests.

Contact a Utah Attorney

Call a Utah criminal defense attorney immediately if you have questions about any legal action you are involved in. He or she will help you sort out the situation and give you your options, as well as communicate with the police on your behalf. Make that call today.

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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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The Right To Testify & Right To Remain Silent In Utah

Mar
06
Utah Criminal Defense Blog, on the topic of  Constitutional Rights, Dealing with Police
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The 5th Amendment to the U.S. Constitution guarantees you the right to remain silent. Please use that Right. A defendant can never be forced to give a testimony against himself in a Utah criminal case, and may remain silent even at trial; however a defendant is always free to testify.

A Utah defendant is a competent witness on his or her own behalf and such testimony should be given the same consideration as any other witness. The fact that the defendant stands accused of a crime is no reason to reject his or her testimony. In many cases only the defendant can assert a particular defense. If the defendant is relying upon an entrapment or a self-defense argument, then the defendant’s testimony is essential and necessary. In addition, the jury often wants to here from the defendant and their side of the story.

Only an experienced Utah criminal defense lawyer can help guide you on whether to take the witness stand.

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Top 3 Tips When Stopped by a Utah Police Officer

Dec
10
Angela, on the topic of  Dealing with Police
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Anyone who has ever been pulled over by a Utah police officer for speeding or another crime has most likely felt frustrated and irritated, but the worst thing to do is react in a way that increases the chances you will be charged with a criminal violation.  Never use race, gender, weight, or sexual orientation as an excuse to why you’re getting a ticket. Yes, the police profile. The real reason the police pulled you over is the Bob Marley and Grateful Dead stickers on your VW bus and not because you drove 1.5 MPH over the speed limit.

Below are the top 3 tips to remember when you are pulled over by the police:

(1) Don’t trust or believe the police. The police can lie to you.  For example, the police can ask for your consent to search you car and state that if you do not consent then they will just bring in a police dog and make you wait.  A police dog may not be available and the police are just pushing a suspect to consent.  Remember you do not have to consent to a search, you may force the police to obtain a warrant.

(2) Don’t resist being handcuffed. Never call an officer a liar for accusing you of speeding or committing a crime you didn’t commit. Let your attorney fight in court. You will not win a battle with the police on the street.

(3) Don’t say a damn thing. Don’t make a statement or argue with the police. If you argue, it solidifies your ticket. Be polite and respectful (remember police officers carry guns), but remain silent.

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Do I Have To Talk To The Salt Lake City Police?

Nov
18
Angela, on the topic of  Constitutional Rights, Dealing with Police, Legal Process, Utah Law
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You do not have to talk to the Salt Lake City police. The 5th Amendment to the U.S. Constitution guarantees your right to remain silent. The best policy is not to talk to the police if questioned and ask for an attorney. Even if you are simply a witness to a crime, you still may want to talk to a criminal defense attorney before you give police a statement. You are only required to provide the police with identifying information such as your name and date of birth.

Every court around the nation, including the United States Supreme Court and the Utah Supreme Court, has held that it is permissible for police to lie to a suspect during their investigation and interrogation. This puts citizens at a distinct disadvantage when dealing with the police.  This is exactly why it is best to follow the three golden rules:

1. Don’t trust or believe the police.

2. Don’t resist being handcuffed.

3. Don’t say a damn thing.

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Posted in Constitutional Rights, Dealing with Police, Legal Process, Utah Law | No Comments »

Your Right to a Utah Attorney in a Criminal Case

May
20
Clayton Simms, Criminal Defense Attorney, on the topic of  Constitutional Rights, Dealing with Police, Hiring a Lawyer
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After you are arrested by cops in Salt Lake, Utah the first thing they will do is give you a Miranda Warning:

“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you?”

Sometimes, a cop will also ask, “With these rights in mind, do you wish to speak to me?” Just say no! Even if you are innocent, say no.  It is better to have an experienced Utah criminal attorney by your side protecting your rights than to do it by yourself.  Although police might intimidate you into talking, they could turn what you say into an admission of guilt.  Don’t let them!  Innocent people try to explain themselves to the police.  This is a mistake because your words could be twisted by police.  Don’t say a damn thing!

You have a 6th Amendment right that guarantees you the right to be represented by a Utah attorney in a criminal case where jail or prison time may be imposed.  If questioned by the police remember to remain silent and ask for an attorney. Remember it is the police’s job to put you in jail, so don’t be afraid to ask for your Utah criminal attorney.

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