Posts Tagged ‘utah’

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Contacting a Utah Criminal Defense Attorney

Apr
23
Utah Criminal Defense Blog, on the topic of  Hiring a Lawyer
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If you think that calling a Utah criminal defense attorney is only necessary for people who’ve committed a serious crime, you might want to think again. You don’t have to be charged with a crime to need the services of an experienced criminal defense attorney. In fact, having an attorney properly advise you may keep you out of more trouble.

Photo: umjanedoan

Here are some times when you’d want to contact a Utah criminal defense attorney immediately:

If you’re under investigation for any criminal matter, even if official criminal charges haven’t been filed.

Perhaps someone’s alleging that you have committed a crime and you’ve been put on leave or fired from your job. You will want to tell your side of the story to your attorney before you give any information to another person, including law enforcement. It’s much better to let a criminal defense attorney who is well-versed in Utah law do the talking on your behalf.

If you’ve been charged with a crime.

Under no circumstances should you ever give up your Constitutional rights and talk to the police without first consulting an attorney. Don’t dig yourself a deeper hole than you may already be in by confiding in law enforcement. Their job is to arrest someone and try to put them in jail. Don’t expect the police to work very hard to treat you fairly. That’s what your attorney is for.

If police want to question you about any incident, whether or not you believe you have information to offer.

Sometimes you may be contacted by police because they think you know something about a crime. No matter what knowledge you have (or don’t have), don’t take any chances. You don’t want to get trapped into agreeing to something or confessing to a crime you didn’t commit. Get a qualified Utah criminal defense attorney on your side before you make any official statements.

If you believe a crime has been committed.

Maybe you’re aware of a crime that’s been committed by another person, perhaps someone in your own household. It’s vital that you talk to an attorney and find out your rights under the circumstances. You don’t want to be considered an accessory to a crime or have other legal problems based on your knowledge of a crime. That may seem unlikely, but innocent people have been known to go to jail for less.

If you have legal questions about any crime.

A Utah criminal defense attorney will do his best to answer any questions you have about a crime or possible criminal situation. Let your attorney be your guide when it becomes necessary to talk to law enforcement or helping friends or family who may be involved in a crime. An attorney will assist you, not judge you.

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Posted in Hiring a Lawyer | No Comments »

Scrap Theft Continues In Utah

Apr
18
Utah Criminal Defense Blog, on the topic of  Crimes
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Scrap theft is when someone steals any amount of scrap metal and then sells it, often to a local scrap metal recycling facility whose employees are unaware that they are accepting stolen goods. It’s a problem in Utah and throughout the United States, and it’s causing a lot of financial problems to the people and businesses who have scrap metal stolen from them.

Photo: Public Domain Photos

Scrap Theft Hurts the Pocketbook

When a person engages in scrap theft, he may not realize or care that the pittance he receives in cash is a stark contrast to the expensive repair bills the victim has to pay. For example, a one church building in Utah recently had $300 worth of copper stolen from its air conditioning units. The cost for replacing the units was $34,000.

Scrap Theft Doesn’t Pay

Another recent situation arose when a man arrived at a scrap recycling facility in Northern Utah. He came in with a load of scrap metal in his truck which aroused the suspicions of the employees. The police were contacted and discovered that the man had stolen some of the scrap from an individual who got a partial license plate and description of the thief’s vehicle. Police followed the guy and arrested him for property theft, theft by deception, possession of a stolen vehicle and reckless driving. It turns out that the scrap he brought in was going to net him a grand total of $12. That’s a pretty insignificant amount of money for the legal troubles he’s facing.

Scrap theft is such a big problem that there are websites dedicated to helping police catch scrap metal thieves. Police are concerned that the problem of scrap theft will continue as long as there are folks willing to buy stolen scrap. Many recycling companies are educating their employees to be on the lookout for people with unusually large amounts of scrap metal to sell.

Hire an Attorney Today

Utah criminal defense attorneys are available to help you if you are in a legal jam. Everybody makes mistakes, and we are here to help you regardless of your situation. Don’t make your troubles worse by not getting the expert legal advice you need. Call a criminal defense attorney today.

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Problem Solving Utah Courts including Drug Court and Mental Health Court

Apr
17
Utah Criminal Defense Blog, on the topic of  Alcohol in Utah, Drugs in Utah
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Problem solving courts in Utah are known by several names, including: drug court, mental health court or specialty court. The main difference between a problem solving court and traditional district court is the level of involvement of attorneys and judges. If a problem solving court is going to be successful, there are several elements that need to exist in each circumstance.

Photo: Crunchy Footsteps

• Direct connection to treatment—if alcohol and substance abuse are a problem for the defendant/participant, drug court could be the right option for helping the person escape the cycle of dependency and crime.

• A defense attorney and prosecutor must work together to help a participant. This might seem strange because the two attorneys usually have opposing points-of-view, but their combined efforts should focus on the person’s recovery and positive behaviors.

• Quick action should be the court’s goal. The sooner a person is introduced into a problem solving court, the more likely he or she will have success.

• Even though criminal activity and substance abuse are the primary focus of any problem solving court, the problem solving team should also take into account the following: mental illness, home life, medical issues, lack of a job and limited education.

• Frequent drug and alcohol testing of an offender is vital.

• A problem solving team should take notice of a person’s compliance with requirements as much as they keep track of any non-compliance. Rewarding positive behavior helps people struggling with any problem, even one as serious as substance addiction.

• A judge is the team leader. The judge needs to be kept abreast of any treatments the offender is participating in, as well as his progress.

• The team needs to provide consistent monitoring and evaluation in order to know if any changes need to be made.

A problem solving court may be precisely what you need if you’ve been involved in any criminal activity and have a substance abuse addiction. Many people commit criminal offenses in order to continue funding their addictions, and those individuals need help.

You should have an attorney represent you if you are involved in any criminal action. If you suffer from any type of drug or alcohol addiction, be sure to let your attorney know so that he or she can assist you in getting the help you need. A problem solving court may be the answer to turning your life around. Call a Utah criminal defense attorney today.

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Posted in Alcohol in Utah, Drugs in Utah | No Comments »

State of Utah v Gomez Appeal

Apr
16
Utah Criminal Defense Blog, on the topic of  Utah Court
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State of Utah v Gomez concerns a search and seizure case where the defendant was found guilty of possessing a variety of illegal drugs.

The Events Leading to the Drug Seizure

Gomez and two other people were in a rental car that was stopped by a police officer due to a taillight violation. After doing a routine check, the officer further questioned the occupants as well as ordered a K-9 drug dog unit. The dog didn’t find any drugs, but the officer had reasonable suspicion that there were drugs involved. He found out that Gomez was staying in a local hotel and requested that the man allow him to search his hotel room.

Gomez initially denied permission to perform a search but later consented. When they arrived at Gomez’s hotel room, the officer found cocaine, marijuana, a digital scale and a measuring spoon. Gomez admitted the drugs were his and was arrested.

Gomez was charged with several crimes and moved to suppress the hotel room evidence. The trial court denied his motion and he pleaded guilty, conditionally, to all three counts while reserving the right to appeal the suppression issue.

The Appeal

Gomez’s appeal was based on his belief that he was illegally detained during the initial traffic stop. The appeals court applied a two-step test to see if the traffic stop was reasonable.

• Step 1—was the police officer justified in stopping the car in the first place?
• Step 2—was the detention of the car’s occupants reasonably related to the reason the officer first stopped the car?

The court of appeals found no supporting evidence in State of Utah v Gomez that would require the police officer to ignore his initial and subsequent observations prior to requesting a search of the defendant’s hotel room. The trial court’s decision was upheld, as were Gomez’s convictions.

The opportunity to have a defense if you are charged with a crime is one of America’s fundamental beliefs. It’s also important to know that you can appeal certain sentences or parts of your case if you believe there was a miscarriage of justice.

Contact a Utah criminal defense attorney immediately if you’ve been charged with any crime. You deserve to have the best defense possible, and an experienced attorney can help make sure your side of the story is told.

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Posted in Utah Court | No Comments »

Use Immunity in Utah Criminal Cases

Apr
11
Clayton Simms, Criminal Defense Attorney, on the topic of  Utah Legal Definition
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There are times when a person may be granted immunity against criminal prosecution in Utah. Often referred to as “use immunity,” this immunity can be given when the prosecution wants an individual to testify about certain issues such as a crime and the person testifying doesn’t want to be prosecuted for his role in the crime.

Photo: Fairfax County

Use Immunity Has Its Place

A person is usually given use immunity based on the promise he will testify. If that same person then refuses to testify, he can be held in contempt of court. Use immunity is normally limited to the things the person says or what is derived from his words. If the person holds up his end of the deal and testifies, the prosecution cannot use his words against him at a later date.

Why a Prosecutor Might Offer Use Immunity

Sometimes a prosecutor will offer use immunity to one or more of the little guys involved in a crime when he is trying to get the dirt on the person or people he considers to be the big fish.

Unless a grant of immunity is made in the course of a preliminary hearing, grand jury proceeding or trial, the prosecution must notify in writing any individual who is being compelled to testify. If a person who’s been granted use immunity commits perjury or tells a lie while offering testimony, he may be prosecuted for those crimes.

Let a Utah Criminal Defense Attorney Guide You

If you are involved in any criminal proceedings and are offered use immunity, you should contact a Utah criminal defense attorney immediately for advice. Don’t agree to anything or make any statements without consulting an experienced criminal defense attorney. Your attorney will be able to advise you about any deals you should—or shouldn’t—accept.

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Posted in Utah Legal Definition | No Comments »

Domestic Violence in Utah

Apr
10
Utah Criminal Defense Blog, on the topic of  Utah Law
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A recent incident of suspected domestic violence in Utah ended with a woman’s death and her husband being shot by police. Police in Murray went to the couple’s home early in the afternoon following a call about possible domestic violence. After talking to the couple, officers determined there were no signs of physical violence and left the scene.

Photo: Dushan Hanuska

Police Called Again

A short time later, police returned to the same house and discovered the woman’s body inside. She had apparently been shot. The woman’s husband was allegedly in possession of a gun which he was threatening to use on himself and/or others. Police chased and eventually shot the armed man.

Enhancements for Domestic Violence in Utah

Penalties for domestic violence in Utah carry the possibility of enhancement after the initial episode of violence. Let’s say that Jane Doe pummels John Doe (yes, women do hit men) and is charged with and found guilty of simple assault—a class B misdemeanor. Later on, Jane hits John again. Since this would be Jane’s second offense of domestic violence she would be charged with a class A misdemeanor—one level higher than the first time. If Jane goes at John a third time, she would be facing a third-degree felony.

When domestic violence ends in murder, it is possible that the prosecution would try to add an enhancement depending on the circumstances surrounding the individual’s death. The odds are good a prosecutor would go for the stiffest penalty available. For example, a first-degree felony is usually punishable by five years to life in prison.

Consult an Attorney Right Away

Domestic violence in Utah is no laughing matter for the victims or the alleged perpetrators. That is why anyone accused of domestic violence should immediately find a Utah criminal defense attorney who specializes in handling tough cases. You want your attorney to know the ins and outs of Utah law when you’re fighting the state, and if you’re facing criminal charges of any nature you can count on fighting for your rights.

Make that important phone call to a top Utah criminal defense attorney today.

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Posted in Utah Law | No Comments »

Utah Transportation Code Crimes: Sidewalks, Junkyards and Towing

Apr
09
Clayton Simms, Criminal Defense Attorney, on the topic of  Question
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It’s been awhile since we’ve covered some of Utah’s lesser-known laws, so today we’re going to keep you informed on what Utah considers crimes under the state’s Transportation Code.

Photo: bobrayner

Sidewalks

—Just in case you didn’t know, you’re not allowed to drive vehicles on sidewalks or leave animals or other things obstructing sidewalk use. You’re probably not surprised to find this out, but better informed than oblivious.

Junkyards

—There are some fairly specific regulations when it comes to establishing a junkyard, particularly within 1,000 feet of a highway. You would have to create a perimeter around the area to hide it from passersby.

If you operate a junkyard that is found to be a public nuisance, you would be responsible for paying the costs and expenses associated with abating the nuisance, in addition to paying $10 a day each day the junkyard is a nuisance. This is great information for anyone desiring to open a junkyard.

Towing

—According to the law, there are rules to follow when you need to tow something. You cannot operate a combination of vehicles when any trailer, semitrailer or other vehicle being towed:

• Whips or swerves from side to side dangerously or unreasonably or
• Fails to follow mainly in the path of the towing vehicle

We realize that most people wouldn’t purposefully let something being towed be dangerous or whip about unreasonably, but just in case you might want to have an extra car following both vehicles involved in towing. He can let you know if there’s a problem, preferably before a police officer does.

Advertising

—Don’t place an advertisement on any land unless you’ve acquired the proper permits and/or permission. There are often other fees associated with advertising, as well. Better to pay the money you owe up front than get hit with a fine or criminal charge.

Most of the laws probably seem fairly minor, but violations of any of them constitute a class B misdemeanor. Unless it’s worth it to you to spend up to six months in jail for driving on a sidewalk, keep your wheels where they belong—on the road.

A Utah criminal defense attorney can be of great help to you if you’re charged with any crime, whether it’s a violation of the transportation code or some other problem. No criminal charges are inconsequential to your reputation, wallet or time. Let a legal professional be your representative when it comes to dealing with law enforcement and any court. You’ll be glad you didn’t try to go it alone.

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State of Utah v Cosby on Appeal

Apr
04
Utah Criminal Defense Blog, on the topic of  Utah Court
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In State of Utah v Cosby, the defendant appealed his probation sentence that also included jail time, claiming abuse of discretion by the trial court. The appellate court made some observations in their memorandum decision, the document filed with the Utah Court of Appeals.

Cosby’s Claims

A trial court may abuse its discretion if it takes a view on a particular case that no reasonable person would presumably come up with. In Utah v Cosby, Cosby claimed that the trial court should not have sentenced him to probation that included a suspended prison term and time in jail.

He further stated that the trial court did not appropriately take into account the evidence he provided, as well as his relationship with his son. Cosby believed that his sentence was excessive and unfair given the extenuating circumstances.

The State, of course, disagreed with Cosby. Their opinion was that he should not be given probation, due to previous problems involving probation (for other misdemeanor convictions). The pre-sentencing report by Adult Probation and Parole wasn’t favorable either.

The Appellate Court’s Decision

The Court believed that the trial court had not erred in State of Utah v Cosby and had taken the defendant’s relationship with his son into account. The trial court just didn’t agree with the defendant that it was a strong enough factor in his sentencing. The Court of Appeals went on to say that Cosby’s sentence was not an abuse of discretion by the trial court and would not be reversed.

The Right to Appeal

Cosby didn’t win his appeal, but he put up a good fight. You, too, have the opportunity to file an appeal when you believe that there were mistakes or problems with a criminal trial you’ve been involved in.

If you feel that a trial court made mistakes in your case, you should contact an experienced Utah criminal defense attorney. Your time and reputation are worth fighting for, and a criminal defense attorney can help you decide if it makes sense to go to the Court of Appeals. Utah criminal defense attorneys aren’t around to judge, just to give you as much assistance as possible. Call an attorney today.

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Posted in Utah Court | No Comments »

Drugs Around or In Utah Jails

Apr
03
Utah Criminal Defense Blog, on the topic of  Drugs in Utah
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Did you know that taking illegal drugs onto jail property is against the law? We aren’t just talking about a little stash of marijuana that’s in your pocket when you go to a local jail to visit a friend. There is a Utah law that prohibits a person’s possession of illegal drugs within the exterior boundaries (such as a fence) of any correctional facility, jail or other place of confinement.

Photo: aarondn93

The penalties for having illegal drugs with you are increased when you break this particular law. Law enforcement often calls these “enhanced” penalties.

Marijuana and Other Drugs

If you have some marijuana on you that’s particularly for personal use and you’re caught with it on jail grounds, you will charged with a class A misdemeanor, instead of the usual class B misdemeanor. If you’re found guilty, the court can sentence you to whatever jail time they want and an additional year—because you’re in a drug-free zone. A second conviction of the same crime is a third-degree felony plus the required sentencing enhancements.

Perhaps you’ve decided to take a larger amount of marijuana with you onto jail grounds, say 100 pounds or more. You could be charged with a first-degree felony and face the jail time that goes along with such a charge.

If you are in possession of one of a list of controlled substances deemed illegal in Utah, you might receive an initial sentence decided on by a judge and then have a couple more jail terms piled on. The additional sentences are specified by Utah law to run consecutively—each one after the previous jail time has ended.

Plan Ahead or Call an Attorney

If you’re headed to your local correctional facility to see a friend, leave anything unnecessary at home. After all, you don’t want to be your buddy’s next roommate. If all else fails and you’ve been caught breaking the law, your next move should be to call a top-notch Utah criminal defense attorney. That choice could save your reputation and freedom.

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Posted in Drugs in Utah | No Comments »

Utah Pawn Shop Employees and Racketeering

Apr
02
Utah Criminal Defense Blog, on the topic of  Crimes
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Several employees of a Northern Utah pawn shop have been charged with multiples felonies, including racketeering, following an investigation by law enforcement into their supposed illegal activities.

Photo: 401K

The employees allegedly would buy merchandise and store gift cards that they knew were stolen and then resell them through an online site. The employees have been charged with money laundering and engaging in a pattern of unlawful activity (also known as racketeering).

Racketeering

When a person participates in an unlawful activity at least three times, and the particular activities are related and/or have the same purpose, that individual may be charged with a first-degree felony. The pattern of unlawful activity statute is Utah’s version of the federal racketeering law, and the two laws are similar. Racketeering can be described as an organization that exists solely to commit crime.

Money Laundering

A person may be accused of money laundering if he:

• Acquires, receives or transports a product that he knows was stolen
• Makes proceeds of the stolen products available to someone else, knowing that the money will be used to continue the illegal activity
• Performs a transaction involving the stolen property
• Accepts or receives stolen property knowing that it’s been illegally gained

The penalty for money laundering is either a second-degree or third-degree felony, depending on the part of the law that’s been broken.

Innocent Unless Proven Guilty

We wanted to remind you that just because a person has been arrested, it does not mean that he is guilty of a crime. These individuals mentioned will have the opportunity to have their day in court and provide a defense for themselves if they choose.

Have an Attorney on Your Side

No matter what criminal charges you are facing, you deserve to be represented by a top Utah criminal defense attorney. Even if you’ve made poor choices in the past, you can and should contact an attorney who will provide you with a vigorous defense. Make that important phone call today.

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