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.

“Double Jeopardy” is Constitutional in a Dual Sovereignty Case

A trio of southern Utah residents are being charged twice for the same crime, otherwise known as double jeopardy, but since the charges stem from a dual sovereignty case it is considered constitutional.

Custody battle ends in murder

Photo by: Joe Gratz

Photo by: Joe Gratz

After years of custody battles between 30 year old David Heisler and 32 year old Kelley Marie Perry, Heisler was awarded sole custody of their 6 year old daughter Mariah. Less than two weeks later, prosecutors state Perry drove to Heisler’s residence with her friends 56 year old Francis (Frank) Lee McCard and 54 year old Tammy Renee Freeman. When Heisler answered the door, Perry and McCard physically assaulted him, dragged him from his house, then the trio drove him in his own vehicle to the Arizona desert where his lifeless body was discovered eight weeks later.

Utah, Arizona, and the Federal Government

Perry, McCard, and Freeman have been charged in Utah on felony kidnapping, theft, and burglary charges. Since the crime began in Utah and ended in Arizona, it is considered a dual sovereignty case. So not only do the three face charges in Utah, but the state of Arizona has filed their own charges including a repeated charge of felony kidnapping as well as first degree murder which could carry the death penalty. Not only are Utah and Arizona involved, McCard has been federally indicted and an indictment is pending for Perry as well. This means they may face even more repeated charges but at a federal level to boot.

Dual sovereignty case is not double jeopardy

dual sovereignty

Photo by: Ron Cogswell

While a dual sovereignty case may seem like a way to be repeatedly prosecuted for the same crime (double jeopardy), it does not violate a person’s Fifth Amendment rights to not “be subject for the same offense to be twice put in jeopardy of life or limb”. This is due to what is known as dual sovereignty doctrine, meaning that more than one state or court has authority over the case. Although occasionally one state or court will give up their jurisdiction as long as the defendant is facing charges somewhere. This is not always the case though and it is important to know when dual sovereignty may take place. Dual sovereignty due to a multi-jurisdictional case can occur for a few different reasons. Those can include:

• When the crime occurs in more than one state. For example, the David Heisler murder which took place in both Utah and Arizona. This is also a common for crimes such as drug and sex trafficking.

• If there are civil and criminal charges, as they are not handled by different courts.

• When there are both state and federal charges. Both the state and the federal government can press charges in some cases. When this happens, the federal charges do not dissolve the charges from the state. This can result in someone serving time in federal prison followed by state prison or vice versa.

• If the crime occurred in a different state from whence the defendant or victim resides. This is a common occurrence with crimes involving identity theft such as fraud.

• If more than one federal court has filed charges against the defendant.

Defense lawyer(s) needed

When it comes to a dual sovereignty case, a person facing charges needs more help than usual. It is important to speak with an experienced criminal defense attorney who can work to help eliminate dual sovereignty in a case or who is willing and able to operate across state lines or work side by side with legal representation in other states or federal courts where other or repeated charges may exist. Anyone facing charges that may involve more than one state or court should speak with a defense attorney immediately.

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.