Utah Mother Arrested Days After Seeking Help for Drug Addiction

A young Utah mother was arrested five days after reaching out to friends and family online along with a treatment center, seeking help for her drug addiction.

Arrested for drugs

Seeking Help for Drug Addiction

Photo Courtesy of Facebook

On April 9th, 2017 Provo police arrested 24 year old Arali Cabezas and an older male after they were found in a stolen car with several lifted identification documents as well as methamphetamine and several needles. Cabezas was booked into Utah County Jail on theft charges as well as two second degree felonies for receiving a stolen vehicle and possession of a schedule I controlled substance. Her bail is set at $12,500 and 11 days later she has yet to be released on bond.

Good person, bad choices

According to her Facebook page, Cabezas is a single parent and the mother of a little boy – 15 month old Kaison. Upon news of her arrest, friends and family commented shock and sadness, one of which said “part of recovery is having support, and she doesn’t have much of that. She really is an amazing girl inside and out and she is so dang smart, she just made some really dumb choices.” Another individual commented stating “when you are raised by two addicts and exposed to a life of drug use and abuse, and even taught how to use drugs by your parents, you don’t have much chance of doing any better in life.”

Seeking help for a drug addiction

Photo by: Max Baars

Photo by: Max Baars

According to her own Facebook page five days before her arrest, Cabezas was trying to do better. She swallowed her price and reached out for help with her drug addiction. She is quoted as saying “So I have a [question]. Do any of my friends have any information about The House of Hope? I will be looking it up and what not [too]. If you can let me know as soon as possible.” After receiving a handful of helpful comments, Cabezas stated that same day that she “called and left a message with admissions.” Five days later however she was arrested.

Drug treatment center

The House of Hope is drug treatment center located in Salt Lake City and Provo that focuses its care on women who may or may not be pregnant as well as mothers who have young children. As with other wonderful treatment centers for drug addiction, House of Hope is a non profit organization and offers many services such as outpatient care residential and day treatment. Had Cabezas found herself in the care of the House of Hope, it is likely she would have received substantial treatment for her drug addiction. There is no added information on whether or not Cabezas got cold feet and decided not to get help for her drug addiction or if she somehow slipped between the cracks, perhaps not receiving a call back from the  for help with her drug addiction. Either way, she was arrested five days later and now she sits in jail awaiting a court date. Cabezas faces a possibility of up to 15 years in prison for her drug and theft crimes; double that amount if she is convicted of both felonies and ordered to serve them consecutively, one right after the other.

Treatment for substance abuse

Photo by: Alan Cleaver

Photo by: Alan Cleaver

Utah residents who are struggling with drug addiction are encouraged to seek help just as Cabezas but be relentless and not give up. There are multiple programs throughout Utah aimed at helping residents recover from substance and alcohol abuse, and many of these programs are funded through the state. Those individuals who need help with addiction, but who are also facing criminal charges should contact a defense attorney who can help them work on defending or reducing charges while also ensuring that treatment is made available, whether voluntarily or mandatory. For more information, contact a criminal defense attorney.

Repeat Sex Offender in Utah

A Provo man who was arrested for multiple sexual charges against a young child turned out to be a repeat sex offender, registered both times in the state of Utah.

Sexual abuse of a child

Photo by: Victor

Photo by: Victor

56 year old Roger Lowell Falkner of Provo Utah was arrested after a young child came forward and told police Falkner had sexually abused her. When confronted with the charges, Falkner verified everything the little girl had told police and was booked into the Utah County Jail on multiple charges.

Repeat sex offender

This incident was not the first time Falkner had been charged with sexual offenses; in fact, Falkner was a convicted repeat sex offender in the state of Utah. According to Family Watchdog, his first conviction was in December of 1992 for second degree felony sexual abuse of a child. Nearly 13 years later in September of 2005, he was convicted of third degree attempted forcible sexual abuse. Now 12 years later he faces a first degree felony for sodomy on a child; three second degree felonies for sexual abuse of a child, dealing harmful material to a minor, and exploitation of a minor; he also faces a third degree felony for lewdness.

Recidivism rate of sex offenders

Repeat Sex Offender

Photo by: Ken Teegardin

Regrettably, there are times when a person convicted of a sex crime is not successfully rehabilitated and becomes a repeat sex offender with new sexual charges against them. Fortunately, a document put forth by the Utah Department of Corrections & Utah Commission on Criminal and Juvenile Justice in 2010 portrays that repeat offenders, or recidivism, isn’t as common as people think. Although the number of sex offenders under the watch of the Department of Corrections has continued to increase over the years, most of those who are arrested after being released are arrested because of “technical violations of the conditions of parole, not new criminal behavior”.

Sex offender treatment programs

The Utah Department of Corrections notes that strict probation as well as the state of Utah’s sex offender program is to thank for the lower rate of repeat offenders. They shared the results of a study conducted over the course of up to 26 years of “388 offenders of a felony sex offense who were treated in the Bonneville Community Corrections Center program between 1979 and 1994, [including] both successful program completers and failures” and indicated that “83% of the offenders had no new criminal convictions during the entire follow-up period. “ The UDC document then went on to proclaim that “successful completers of treatment were significantly less likely to have any form of recidivism that those who failed- successful treatment completers had a 26% lower recidivism rate than non-completers. If the treatment programs are so successful, why would someone such as Roger Falkner continue on to be repeat sex offender?

Program funding

Photo by: Kevin Cortopassi

Photo by: Kevin Cortopassi

Sadly, for a program that has been proven to work to rehabilitate sex offenders, it has not received the funding needed to keep up with the demand. Regardless of inflation, the sex offender treatment program in Utah hasn’t seen an increase in funding for over twenty years. Instead, they have lost one of their major facilities to house inmates who are incarcerated for sexual offenses and awaiting the program. Now, those convicted of a sexual offense are dispersed among the prison population while they sit on waiting list pending treatment. Hopefully they will be able to receive the help they need before their time is served and they are back in the community. Although there has been no news of increased funding for the sex offender treatment programs, there are changes being made to fix the program so it is more effective for those inmates who are participating. Perhaps these changes will help reduce another person like Falkner from becoming a repeat sex offender and ruining a victim’s life as well as their own. For more information on charges for sexual offenses or for defense and treatment options for a repeat sex offender, contact a criminal defense attorney.

New Bill Increases Penalties for Targeting a Police Officer in Utah

A new bill that increases penalties for targeting a police officer has passed the House and Senate, leaving it awaiting a signature from Utah’s governor.

Crimes against law enforcement

Photo by: David Robert Bliwas

Photo by: David Robert Bliwas

There have been numerous stories in the news lately of police officers being targeted and then injured or killed based solely on their profession. Many of these crimes against police are said to stem from the public view of law enforcement turning sour following increased occurrences of police brutality. While the instances of police brutality that have angered the public are inexcusable, so is killing or injuring a police officer just because of their job choice. This increase of danger to law enforcement is what was on the mind of Utah lawmakers when House Bill 433 was drafted.

HB433- death for cop killers?

House Bill 433 was originally intended by Representative Paul Ray, R-Clearfield to extensively punish those convicted of targeting a police officer while labeling the condemned person as a terrorist. His goal was apparently to increase penalties for those convicted and have the death penalty be a mandatory sentence for if the targeted law enforcement officer is killed. This “blue lives matter more than other lives” bill needed a few revisions such as removing the required death sentence penalty for cop killers, but has eventually been tweaked enough to make its way through the House and Senate.

Targeting a police officer – defined

Targeting a Police Officer

Photo by: BaronneVonR

The new revised HB433 has taken a step back a notch to allow prosecutors, judges, and juries to continue to be the ones responsible for deciding whether or not to seek the death penalty for cop killers. It also removes the “terrorist” label from those convicted. It now “defines [what exactly it means by] ‘targeting a law enforcement officer’’. This definition is in the new section of Utah Code (76-5-210) included in the bill. This code states: “”Targeting a law enforcement officer” means the commission of any offense involving the unlawful use of force and violence against a law enforcement officer, causing serious bodily injury or death in furtherance of political or social objectives in order to intimidate or coerce a civilian population or to influence or affect the conduct of a government or a unit of government.”

Aggravated murder

HB433 also “adds targeting a law enforcement officer to the aggravating factors for aggravated murder”. Previously, aggravated murder charges were saved for those who committed homicide under serious circumstances defined in Utah Code 76-5-202 such as: if multiple homicides occur together; a homicide that takes place after or during an episode of another heinous offense such as rape or kidnapping; a homicide that is done for payment; homicide committed by someone in custody or someone trying to escape custody; or a homicide committed by a person previously convicted of a serious offense. This section also previously stated that aggravated murder charges would ensue if the homicide victim was a public official or a police officer. HB433 redundantly added that aggravated murder charges would result if the actor committing homicide did so while targeting a police officer.

First degree aggravated assault

Photo by: marina

Photo by: marina

One big change made in HB433 that may have been missed among the superfluous information added to other sections is the changes made to Utah’s aggravated assault penalties. Utah Code 76-5-103 defines other aggravated assault behavior as conduct “that is:

(i)an attempt, with unlawful force or violence, to do bodily injury to another;

(ii) a threat, accompanied by a show of immediate force or violence, to do bodily injury to another; or

(iii) an act, committed with unlawful force or violence, that causes bodily injury to another or creates a substantial risk of bodily injury to another; and

(b) that includes the use of:

(i) a dangerous weapon as defined in Section 76-1-601; or

(ii) other means or force likely to produce death or serious bodily injury.”

Utah Code 76-5-103 also lists the penalties for aggravated assault as a third degree felony or a second degree felony if serious bodily injury occurs to the victim. Once HB433 is signed by Governor Herbert, it will add targeting a police officer to this section of Utah Code and “[make] aggravated assault a first degree felony if a law enforcement officer is targeted.” Someone who is convicted of targeting a police officer and seriously injuring said officer could face up to life in prison because their target was a cop. Maybe blue lives really do matter more.

For more information on upcoming changes to Utah law and how it can affect your case, contact a criminal defense attorney.