Recent Blog Posts
How Long Will I Stay on the Sex Offender Registry in Utah?
Most people have heard of the sex offender registry, but if you have never been charged with sex crimes before, you likely do not know exactly what it entails. When your name appears on that list, you have to abide by serious limitations to what you can do and where you can go, and your name and reputation will be associated with the crime you allegedly committed. Fortunately, names do not necessarily need to stay on the registry permanently. This article will explain what happens when you are included in the sex offender registry and when you might be removed from it. To learn more, speak with a knowledgeable Salt Lake City, UT criminal defense lawyer.
Restrictions for Sex Offenders in Utah
When you are convicted as a sex offender, you are subject to various restrictions. Some of these include:
Parental Kidnapping in Utah Custody Battles
When parents get a divorce, it is natural for each to want as much time as possible with their child. If they cannot agree, things can turn ugly fast. Custody battles can be painful for everyone involved, but if you think the other parent could pose a danger to your child, be careful about how you react. You might think you should take your child when it is the other parent’s time with them or hide your child to keep them safe, but you could be accused of parental kidnapping, which can be traumatic as well as illegal. If you are facing these accusations, speak with an experienced Salt Lake City, UT criminal defense lawyer to learn more.
What Is Parental Kidnapping?
The Utah Department of Public Safety defines parental kidnapping, also called parental abduction, as when a child younger than 16 years old is taken away from one parent or legal guardian by the other parent without custody.
Charges for Intent to Distribute Drugs in Utah
If you are facing charges for intent to distribute drugs in Utah, you are probably worried and uncertain about what to expect. These are serious charges that can lead to big legal problems, but understanding what they mean and how you can defend yourself can help you deal with the situation better. Below is a simple guide to help you understand these charges. If you have further questions, ask an experienced Salt Lake City, UT criminal defense lawyer.
What Does "Intent to Distribute" Mean?
When you are charged with "intent to distribute" drugs, the authorities believe you were planning on selling or giving away drugs, even if you were not caught doing that. The charge is based on the idea that you had drugs and planned on handing them over to someone else. Factors that might lead to this charge include:
Gun Ownership Restrictions and Restraining Orders
According to the Second Amendment in the U.S. Constitution, American citizens have the right to bear arms. This is a right that is held sacred by many. People often think they are entitled to purchase and possess a gun because that is what our constitution tells us. However, the Supreme Court has ruled that if someone has a restraining order against them, their gun ownership rights can be restricted. This article will review how someone’s gun ownership can be limited. If this issue affects you personally, speak with a qualified Davis County, UT criminal defense attorney to understand your options.
Protective Orders in Utah
Protective orders, otherwise known as restraining orders, can be issued when there are accusations of sex crimes, abuse, assault, harassment, or other types of problematic conduct. If someone gets a restraining order against you, you become limited in several ways. Restrictions are placed on where you can legally go because you must stay a minimum distance from the accuser. You may be prohibited from going to or near a school, business, home, or any other location considered at risk by your alleged harmful behavior. Depending on the complaint against you and your circumstances, you might be kept away from your home and children. A restraining order also prohibits you from contacting the accuser and possibly others.
Is It a Criminal Offense to Kiss a Minor in Utah?
A flurry of new laws in Utah has many questioning whether criminal offenders are actually being held accountable or whether these new laws are adding to mass incarceration and prison overcrowding. These new bills include longer sentences for drunk drivers and the criminalization of "lewd" actions in public places. Many of the bills enhance existing penalties and fines, expand the definition of a current crime, and create entirely new criminal offenses.
Opponents of the bills believe these new laws are nothing more than a knee-jerk reaction to exaggerated concerns regarding crime and criminal offenses. The Justice Reinvestment Initiative in 2015 attempted to reduce penalties for nonviolent offenses. Part of the Initiative’s reasoning was that Utah’s jails would soon overflow if the state did not shift its focus to treatment and rehabilitation.
Plea Bargains in Sex Crimes Cases
Being charged with a sex crime can be a distressing experience. Even when you know you are innocent and misunderstood, the legal authorities are convinced you are a criminal. When this happens, you need to ask yourself whether you would rather fight the charges and hope to be found innocent or enter into a plea bargain. Potential penalties for sex crime charges can be quite severe, so this is never an easy decision to make. If you are being accused of sex crimes, speak with an experienced David County, UT criminal defense lawyer to understand your options.
How Can You Decide?
The reasons why someone might choose to take a plea deal instead of pleading innocent in court vary, but some common reasons include:
- Financial cost: Trials can be very expensive, and plea deals tend to be much less costly.
- Lesser penalties: Plea bargains typically result in less severe charges and penalties. It is a bit of a gamble, but your options tend to be the following: go to court where you can be found innocent or guilty with charges and a sentence, or accept a plea deal where you cannot be found innocent but any charges and sentences will be much less severe. If the prosecution has a strong case against you, this can add to your motivation to accept a plea deal.
Legal Steps If You Are Accused of Committing a Sex Crime
Accusations of sex crimes are taken extremely seriously in the state of Utah. The penalties you might face could make all the difference between living your life or suffering through it. Depending on the specifics of what you are accused of, there are several possibilities for how you might be convicted. Whether this is the first time you are accused or it has happened before, accusations of sexual crimes can have an enormous negative impact on your future and need to be dealt with appropriately. This article recommends three steps to take as soon as you are accused of committing sex crimes. If you are concerned you might be facing such accusations, speak with a trusted Salt Lake City, UT criminal defense lawyer who can explain your options and defend your rights.
Step 1: Have Zero Contact With Your Accuser
When an innocent person is told that someone has accused them of committing a sexual crime, they might think the best course of action would be to speak to the accuser to get to the bottom of it all. You need to avoid doing this at all costs. If you try to speak to your accuser, it might be interpreted by other people as an attempt to intimidate them, which could harm you in court. Additionally, the accusations might mean that you are legally banned from trying to communicate with them, and failure to comply with such prohibitions could end up making matters worse for you. Even if your accuser tries to contact you, even to apologize for falsely accusing you, make sure you have no contact with them at all.
Legal Options When Facing False Sex Crimes Accusations
Sometimes, people falsely accuse others of committing crimes in an attempt to make them suffer. However, that is not a great way to seek revenge on anyone because false accusations are a serious offense. If someone gets caught misleading the authorities, they can face severe consequences. It is unfortunately not uncommon for people to falsely accuse others of sex crimes. This is unconscionable because a wrongly accused innocent person could face life-changing and damning consequences due to a lie. The good news is, if you are innocent and can prove it, your name will be cleared, and your accuser will be held accountable. If this happens to you, one of the first things you should do is speak with an aggressive Utah sex crimes defense attorney who can build a strong defense and make sure you do not suffer unnecessarily because of someone else’s irresponsible false accusations.
Why Would Anyone Make a False Accusation of a Sex Crime?
The state of Utah takes accusations of sex crimes very seriously. Accused parties are, of course, considered innocent until proven guilty, but even a baseless accusation without any legal proceedings or evidence to determine its accuracy can ang over someone’s head and affect their life as if they were already convicted.
7 Aggravating Factors in Utah Sex Crime Charges
The state of Utah takes sex crimes very seriously. While any accusation of sex crimes can always have harsh consequences, there are aggravating factors that can present you with worse outcomes during the criminal process. This article will explore some of the aggravating factors that might make you liable for harsher penalties and sentences. If you are accused of a sex crime, make sure to hire a skilled Salt Lake City, UT criminal defense lawyer who can fight aggressively for your rights and guide you through the process.
What Factors Can Aggravate a Charge of Sex Crimes?
If you are charged with a sex crime, it is important to understand what is behind the specific charges you face. There are different types of charges and different levels of every charge, and these differences affect the type of punishment you might face if you are convicted. The following are some aggravating factors that can make your charges more severe:
Underage DUI Charges in Utah
Being convicted of driving under the influence at any age is a serious offense, especially if you are underage. Utah, along with the rest of the United States, has a zero-tolerance law for drivers under the age of 21.
An underage DUI charge should not be taken lightly, and if found guilty, you will likely face criminal and administrative sanctions. Penalties may include license suspension, driving restrictions, incarceration, fines, and even having your vehicle seized.
A DUI charge can be overwhelming. Thankfully, our Salt Lake City DUI defense attorneys are ready to provide you with effective representation when you need it most.
Zero Tolerance Law
A driver younger than 21 is considered to be “alcohol restricted,” meaning that it is illegal for an underage motorist to drive after consuming a drop of alcohol. Utah and all 50 states, plus the District of Columbia, have a zero-tolerance policy regarding underage drinking. An underage driver who is found operating a motor vehicle with a blood alcohol content (BAC) of 0.02% (the lowest detectable level) can be charged with a DUI.