Prisoners’ Rights in Utah

When someone breaks the law in Utah, they may lose certain freedoms however there are prisoners’ rights that are to be upheld during the legal proceedings as well as after those individuals have been incarcerated.

Human rights

Prisoners' Rights

Photo by: The Unnamed

Human rights, often referred to as inalienable rights are given to all men and women for simply being human. These rights are indivisible and universal. They do not differ depending on gender, race, ethnicity, nationality, or language. In the United States, these rights are protected by the Constitution and Bill of Rights. Internationally, these rights are protected under the Universal Declaration of Human Rights adopted by the United Nations which defines rights of freedom of religion, life, and opinion while protecting all from discrimination, slavery, torture. No one is to deprive another of any basic human rights unless done legally through a court of law.

Prisoners’ rights

Although human rights are permitted by all, when someone is placed in jail or prison, they end up losing the right to exercise some of their basic civil liberties for a time such as:

• The right to freedom;

• The right to vote;

• The right to bear arms;

• The right to serve on a jury; and sometimes

• The right to life (death penalty).

An incarcerated person may temporarily or permanently lose the right to enjoy some basic human rights however prior to their arrest as well as during court and even while incarcerated, they maintain certain rights and protections regardless of the crime for which they are accused. These protections of prisoners’ rights are explained in the Fourth, Fifth, Sixth, and Eight Amendments to the Constitution of the United States.

Fourth Amendment

Photo by: USAG-Humphreys

Photo by: USAG-Humphreys

The Fourth Amendment protects those suspected of a crime with:

• The right against unreasonable searched and seizures.

The Fourth Amendment to the United States Constitution reads: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

Fifth Amendment

The Fifth Amendment also protects those facing crimes with:

• The right to remain silent;

• The right against double jeopardy;

• The right to avoid self-incrimination;

The Fifth Amendment to the Constitution states: “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”

The Sixth Amendment

Photo by: J

Photo by: J

If someone is charged with a crime and is facing a court of law, the Sixth Amendment ensures they have:

• The right to a speedy trial;

• The right to a public trial;

• The right to an impartial jury;

• The right to cross examine a witness;

• The right to an attorney;

According to the Sixth Amendment, “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.”

Eighth Amendment

When someone is incarcerated, they continue to have rights. These include:

• The right to a reasonable bail; and

• The right against cruel and unusual punishment.

The Eighth Amendment wraps up the civil liberties allowed to all defendants as well as a prisoners’ rights while incarcerated. It states: “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”

Legal assistance to protect human rights

Photo by: Flazingo Photos

Photo by: Flazingo Photos

It is vital to those seeking legal counsel to understand their constitutional rights during an arrest as well as in court proceedings and prisoners’ rights if incarcerated. With the help of a qualified criminal defense attorney, these basic human rights will be upheld by law.

Paranoid Man Transporting Methamphetamine Calls Police, Gets Busted for Intent to Distribute

A man transporting methamphetamine along I-15 in Utah became paranoid he had a tail and proceeded to call police, only to get busted for intent to distribute.

Attempt to locate not needed

Photo by: Hunter McGinnis

Photo by: Hunter McGinnis

The 27 year old man, who has yet to be identified due to a falsified passport, was transporting more than 36 pounds of methamphetamine in sealed food containers when he called police to report he was being followed. Police arrived to a location off of Interstate 15 where the man was patiently waiting for the officers to arrive. Upon further discussion with the man, police were unable to find evidence the man was being followed, yet he was notably under the influence of drugs. It was then they discovered he was transporting nearly half a million dollars’ worth of methamphetamine.

Don’t sample the merchandise

This isn’t the first time a person transporting drugs through Utah has voluntarily notified police to their whereabouts. Just last January, two men transporting over 20 pounds of marijuana from Nevada to Idaho along I-15 in Utah called police right after crossing the Utah-Idaho border. The incredibly stoned duo were convinced various cars on the road were actually undercover police officers preparing to arrest them. Instead of dealing with the anxiety of waiting to get busted, the 22 year old and 23 year old called the unsuspecting police to get things over with quickly.

Felony methamphetamine distribution

methamphetamine

Photo by: U.S. Customs and Border Protection

Drug possession charges in Utah can be severe, and distribution or intent to distribute charges are far worse. According to Utah Code 58-37-8, “It is unlawful for any person to knowingly and intentionally:

(i) produce, manufacture, or dispense, or to possess with intent to produce, manufacture, or dispense, a controlled or counterfeit substance;

(ii) distribute a controlled or counterfeit substance, or to agree, consent, offer, or arrange to distribute a controlled or counterfeit substance;

(iii) possess a controlled or counterfeit substance with intent to distribute; ( . . . )”

A person convicted of intent to distribute methamphetamine or other Schedule I or II substance is guilty of a second degree felony, or a first degree felony upon subsequent convictions. Those possessing enough marijuana to be considered intent to distribute can face a third degree felony or second degree felony upon a subsequent conviction.

Let someone else represent in court

For those who are facing possession or distribution charges in Utah, even if those charges came about due to self-incriminating phone calls to police, it is always recommended to speak to a reputable criminal defense attorney to speak in your behalf.

Utah Woman’s Self-Incriminating Information Leads to Charges of Sexual Exploitation of a Minor

A Cedar City Utah woman offered self-incriminating information to police which led to her arrest on charges of sexual exploitation of a minor. Her arrest came less than a month after her husband was arrested for similar charges.

Husband arrested first

Photo by: C.P.Storm

Photo by: C.P.Storm

32 year old Chad Ryan Huntsman of Cedar City Utah was arrested on September 3 after evidence surfaced that he had been downloading child pornography online. Police confiscated computers and smart phones from the Huntsman home where several hundred child pornography images were discovered. Mr. Huntsman was charges with sexual exploitation of a minor and aggravated child sexual abuse since some of the images found were of Huntsman with a child.

Wife joins husband in jail

Following her husband’s arrest for child abuse and child pornography, 26 year old Jessica Lynn Huntsman was speaking with investigators when she openly offered self-incriminating information. The information presented was how she would view the child pornography along with her husband. Once this statement was made, an investigation was opened on Mrs. Huntsman. Her phone was taken as evidence where a few images of child pornography were discovered. She was booked into Iron County Jail on charges on sexual exploitation of a minor.

Always have an attorney present

Regardless of whether or not there is evidence lurking out there that could put a person behind bars, it is always best to speak with investigators while being accompanied by an attorney. Although evidence was found showing Mrs. Huntsman had been involved in sexual exploitation of a minor, it isn’t uncommon for spouses to openly blame themselves for crimes committed by their significant other. This self-blaming can lead authorities to open an unnecessary investigation against a spouse, suspecting they are also guilty of a crime. A criminal defense attorney can help guide suspects and their spouses on how to best speak with authorities, especially when emotions are running high.