Facing a felony criminal charge in Utah can be a daunting and life-changing experience. Many individuals may be tempted to accept a plea deal, especially for their first felony, to avoid a trial's uncertainty and potential consequences. However, it is important to understand why fighting your first felony may be a better course of action. If you are facing a felony charge, contact a lawyer to ensure you can protect your rights and interests in the criminal proceeding.

Presumption of Innocence

Of course, one of the fundamental principles of the criminal justice system in this country is the presumption of innocence. Every person charged with a crime is considered innocent until proven guilty. This guilt must be proven beyond a reasonable doubt. By fighting your first felony, you assert your right to be presumed innocent and force the prosecution to meet the burden of proof.

Four Reasons Why You Should Fight Your First Felony

1. Challenging the evidence - Fighting a felony charge provides an opportunity to scrutinize the evidence against you. Through a thorough investigation, your defense attorney may locate weaknesses or inconsistencies in the prosecution's case. This can include issues with witness credibility, flaws in forensic evidence, or even constitutional violations during the arrest or search process. Challenging the evidence increases the chances of obtaining a favorable outcome.
2. Mitigating potential circumstances - Accepting a plea deal may seem like a quick resolution, but it often involves admitting guilt and accepting the associated penalties. By fighting your first felony, you have the potential to mitigate the consequences or even have the charges dismissed. This is particularly important for individuals facing severe collateral consequences, such as loss of employment, professional licenses, or immigration status.
3. Protecting your future - A felony conviction can have long-lasting repercussions, affecting various aspects of your life, including job prospects, housing opportunities, and the ability to obtain loans or financial aid. By fighting your first felony, you maintain the possibility of preserving your future by preventing a conviction that could hinder your personal and professional growth. 
4. Preserving your rights – Fighting your first felony allows you to exercise and protect your constitutional rights. This includes the right to a fair trial, the right to confront and cross-examine witnesses, and the right to present a defense. By taking your case to trial, you ensure that these rights are upheld and that the prosecution must meet their burden of proof.

Contact a Salt Lake City Criminal Defense Lawyer 

For legal guidance in battling your felony charge, contact the experienced Davis County criminal defense attorneys with Collins Rupp, P.C.. Call 385-777-2753 for a free consultation.  

No one wishes to be arrested for allegedly committing a crime. However, it happens all the time. When it comes to serious offenses such as sex crimes, one may wonder whether being arrested ensures they will be ordered to serve an extended prison time. Being arrested for a sex crime does not guarantee the accused will go to prison. Those charged with sex crimes must seriously consider obtaining legal representation from a criminal defense attorney to fight the charges and seek a favorable case outcome. 

Essential Factors Which Can Influence Whether Someone Is Sentenced to Prison

1. Nature of the crime – Of course, the specific details of the alleged sex crime will likely play a significant role in determining the potential sentence brought by a guilty verdict. Factors such as the type of sex offense, age of those involved, whether force was used, and the presence of any other aggravating factors can significantly impact the severity of the punishment. Utah law clearly defines a long list of potential sex offenses someone can be charged within the state. While all offenses are serious, some offenses carry a more severe prison sentence if the accused is convicted.
2. Criminal background – A person’s criminal history, especially prior convictions for sex offenses, can significantly influence the sentencing decision. Repeat offenders or those with a history of similar crimes are more likely to face harsher penalties, including prison time.
3. Quality and quantity of evidence – The amount of evidence against someone and the quality of the evidence can play a significant role in determining whether someone is sent to prison. If the prosecution’s evidence is weak or inconsistent, it may result in reduced charges or the possibility of avoiding a lengthy prison sentence. 
4. Legal strategies chosen – The effectiveness of a defense strategy can also impact the outcome. Skilled defense attorneys may be able to challenge the evidence, question the credibility of witnesses, or present alternative narratives that can lead to reduced charges or an acquittal. 

Contact a Salt Lake City Sex Crimes Attorney

While being arrested for a sex crime is a very serious matter, simply being arrested and charged does not mean you are guaranteed to go to jail. Many factors are at play in these situations, making it crucial you contact experienced legal guidance to assist you in defending against such charges. If you are facing charges, contact the Davis County sex crimes lawyers with Collins Rupp, P.C.. Call 385-777-2753 for a free consultation.

Aggravated murder is one of the most serious crimes under Utah law, carrying severe potential consequences, including the death penalty. Today, we will examine what constitutes aggravated murder in Utah, exploring its legal definitions and penalties. Understanding the nuances of this offense is necessary if you have been charged because your freedom and possibly life are in grave danger. Contact a criminal defense lawyer immediately to secure the legal representation you need. 

Definition of Aggravated Murder

Aggravated murder is defined as the intentional and premeditated killing of another person under specific circumstances, as outlined in the Utah Code. To be considered aggravated murder, certain aggravating factors must be present, which elevates the offense to a higher degree of severity than regular murder charges.

Aggravating Factors 

Utah law identifies several factors that, if present during the commission of murder, can lead to charges of aggravated murder. Some of these factors include:

Probation violations can have serious consequences that may result in an Order to Show Cause (OSC) hearing. Today, we will discuss what an OSC hearing entails in Utah and provide tips to help you prepare. There is an old saying that failing to prepare is preparing to fail. Such can be said about OSC hearings, as preparing for the hearing is essential to keeping your freedom and staying out of jail. Contact a criminal defense lawyer to ensure you are well prepared for your hearing, as this will give you the best chance at a positive hearing outcome. 

Understanding the Order to Show Cause Hearing

When a person on probation in Utah is believed to have violated the terms and conditions of their probation, an OSC hearing is scheduled. This hearing is an opportunity for the probationer to respond to the allegations and present evidence or arguments formally. 

Gathering Evidence 

Before the OSC hearing, gathering and organizing evidence supporting your case is crucial. This may include any relevant documents, such as proof of completion of certain programs or treatment, employment records, witness statements, or other evidence showing you kept your probation terms.

Sex crimes are taken very seriously in Utah, and when certain aggravating factors are present, they can enhance the severity of the offense and increase the potential penalties faced by the defendant. Familiarizing oneself with these aggravating factors can provide a clearer understanding of the legal implications associated with sex crimes in Utah. If you have been charged with a sex crime, hire a criminal defense attorney to ensure you have the legal representation you need during this perilous time. 

Non Consensual Conduct

Engaging in sexual activity without the consent of the individual is a fundamental aggravating factor in many sex crime cases. Lack of consent highlights a violation of the individual’s autonomy and personal boundaries, which will be taken into account during the legal proceedings. 

Age of Individual 

In Utah, if the individual who the sex crime was perpetrated against is particularly vulnerable due to their age, such as being under 14 years old, it is considered an aggravating factor. Crimes against minors often carry heightened penalties to ensure their protection and well-being.

The intent to distribute drugs is a serious offense that involves proving an individual’s intention to distribute illegal substances. Apart from other crucial factors, the amount of substances found and the presence of paraphernalia, such as bags and scales, play a crucial role in establishing intent. Today, we will explore how these aspects may demonstrate the intent to distribute drugs. If you have been charged with a serious drug crime such as this, contact an experienced criminal defense attorney today to ensure the protection of your rights. 

The Importance of Substance Amounts 

The amount of drugs possessed is a significant factor in determining the intent to distribute. 

Legislators and law enforcement agencies pay attention to large quantities of controlled substances as they suggest a purpose beyond personal use. If the amount exceeds what is typically associated with personal consumption, it can be seen as evidence of an intent to supply or sell. 

If you have been charged with a sex crime, the decision of whether to seek a plea bargain or fight the charges can be difficult. Sex crimes are charged very seriously, and penalties can be devastating if found guilty. If you are facing sex crimes charges, it is essential to contact an experienced criminal defense lawyer to obtain the legal representation you need to tactfully guide you through the legal process, all the while seeking a case outcome in your favor. 

Here Are Some Considerations to Help Guide Your Decision

Reasons someone may seek a plea bargain include the following:

• A plea deal typically results in lesser charges and penalties. In many cases, accepting a plea deal will lead to a lighter sentence than would have been imposed if you were found guilty after a full trial. This is especially true if the evidence against you is strong or you possess a criminal record. 

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A metabolite DUI is a category of DUI offenses relating to the presence of drugs or their metabolites in a driver’s bloodstream. Utah is one of the few states that consider driving with any amount of drugs or metabolites in their body as unlawful. Therefore, a metabolite DUI charge is possible in Utah even when a driver has not engaged in driving while impaired. In other words, you can be charged with metabolite DUI even if you are completely sober. 

Due to the possibility of unusual circumstances surrounding a metabolite DUI, those charged may have many questions. To protect yourself legally against the charge, contact a criminal defense attorney sooner rather than later to understand fully what you are up against. 

Unpacking Metabolite DUIs

Under Utah law, a controlled substance is any drug or chemical listed in the state’s schedules of controlled substances, such as marijuana, cocaine, or heroin, as well as prescription medications like opioids and benzos. When a person ingests a controlled substance, their body breaks it down into various metabolites. These metabolites can linger in the person’s bloodstream for a period after the drug’s effects have worn off. Sometimes, a person may test positive for metabolites of a controlled substance even if they have not recently used it. 

There is no question that drug laws in the United States can vary considerably from state to state. Each state, including Utah, has its own set of statutes and penalties regarding certain drug offenses. However, Utah does have strict drug laws in an attempt to dissuade people from using such substances. Today, we are going to explore Utah drug crimes and see what offenses like drug possession and possession with intent to distribute mean for those convicted. If you are facing drug charges in Utah, hire a criminal defense lawyer, as your freedom may be in serious jeopardy. 

What Are the Laws Regarding Drug Possession in Utah? 

Utah has strict drug possession laws that are enforced rigorously. Drug possession means possessing controlled substances, such as marijuana, methamphetamine, cocaine, or heroin, for personal use. For the first and second time you are charged with drug possession, both will likely be considered a Class A misdemeanor. If convicted of a Class A misdemeanor, you may be imprisoned for one year and receive a $2,500 fine. If you are charged a third time with drug possession, it will likely be categorized as a third-degree felony, bringing with it a potential five-year prison sentence and fines of $5,000.

What is Possession with Intent to Distribute?

In most drug possession cases, the amount of the drug you possess matters considerably. This is because smaller amounts of a substance will usually be considered possession for personal use. However, in situations where large amounts of drugs are discovered, the charge may change from regular possession to possession with intent to distribute. These two charges are distinct from one another in the sense that possession with intent to distribute is a much more severe offense than a charge of simple possession. 

In Utah, driving under the influence (DUI) is a grave offense, as is true across virtually all of the United States. For drivers who are repeat-DUI offenders, the results of a conviction can be downright devastating. If you have already been convicted of at least one DUI in the past and you have been charged with another, you need to consider your legal options very seriously, as you are in extreme legal peril. Contact a DUI lawyer to ensure you have an advocate by your side as you face these severe charges. 

First and Second Offense DUIs in Utah

In Utah, the legal limit for blood alcohol content (BAC) is 0.08 percent. If a driver is stopped and is found to have a BAC over the legal limit, they can be arrested and charged with DUI. The penalties for a first-time DUI offense in Utah may include fines, a loss of driving privileges, jail time, community service, alcohol treatment programs, and more. Then, suppose you are arrested for a second DUI within ten years. In that case, the charge is escalated from a Class B misdemeanor to a Class A misdemeanor, requiring the accused to spend a minimum of five days in jail, enhanced fines, and required supervised probation. 

What About a Third DUI? 

If a third DUI charge is received within ten years, it will be considered a felony offense. The penalties for such an offense can be quite severe, particularly if there are any aggravating circumstances in the case. With a third DUI, you will have to spend at least sixty days in jail, with the possibility of having to spend as much as five years in prison. You may also be at risk of losing your license for at least two years and be fined $10,000.

Falsely accusing someone of a sex crime is a serious offense, and it can have severe consequences for both the accused and the accuser. Unfortunately, false accusations of sex crimes are not uncommon, and there are several reasons why someone might make an accusation. If you have been falsely accused of committing a sex crime, you must hire legal counsel immediately. Sex crimes are prosecuted aggressively and can have a devastating effect on someone’s life, even if they are able to avoid a conviction.

Why Do False Accusations of Sex Crimes Occur?

First and foremost, false accusations of sex crimes are often motivated by revenge or spite. In some cases, the accuser may be angry at the accused for some reason, such as a perceived slight or rejection. They may make a false accusation to get back at the accused. 

Another common reason for false accusations of sex crimes is attention-seeking. Some people crave attention and will go to great lengths to get it, including making false accusations. They may feel that making such an accusation will bring them attention and sympathy for others. 

Being charged with a sex crime can be a frightening and overwhelming experience. In Utah, as is true in virtually every state, sex crimes are prosecuted extremely aggressively. As a result, if you have been charged with a sex crime in Utah, you must take immediate action to ensure your rights are protected and that you can obtain the best possible legal representation.

Here is What You Should Do Immediately 

Here are some steps you should take if you have been charged with a sex crime in Utah, including:

• Seek legal advice – The first thing you should do if you have been charged with a sex crime is to seek legal advice from a qualified criminal defense attorney. Your criminal defense attorney will walk you through the legal process while advocating for your best interests. 

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A plea deal, sometimes called a plea bargain or plea agreement, is a legal arrangement between the defendant and the prosecution in a criminal case. It involves the defendant agreeing to plead guilty to a lesser charge or one of several charges in exchange for concessions from the prosecutor. Plea deals can be a strategic option for defendants and prosecutors, as they can save time and resources and avoid the uncertainty of going to trial. Today, we will further explore the concept of a plea deal and why such a deal may be relevant to your criminal case. Remember, if you are facing criminal charges, contact a criminal defense attorney to understand your legal rights and options moving forward.

Further Explaining What a Plea Deal Is 

A plea deal is an agreement between the defense and the prosecution in which the defendant pleads guilty or no contest to one or more charges in exchange for a more lenient sentence, reduced charges, or other concessions. Plea deals are often negotiated between the defense attorney and the prosecutor, and a judge must approve them. For the sake of this blog, we will be discussing three types of plea deals, including:

• Charge bargaining – The defendant pleads guilty to a lesser charge, potentially resulting in a lighter sentence or reduced penalties.

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False confessions have been a perplexing phenomenon in the criminal justice system for decades. Despite the prevalence of DNA evidence exonerating wrongly convicted individuals, false confessions remain a significant factor in wrongful convictions. Research has shown that false confessions occur for a variety of reasons, and understanding these reasons is critical to preventing wrongful convictions. Today, we will discuss the possible reasons as to why someone would ever confess to a crime they did not commit. Remember, if you are charged with a crime, contact a criminal defense attorney to understand your legal options moving forward. 

Why Does it Happen?

One reason innocent individuals confess to crimes is police interrogation tactics. Police may use high-pressure tactics such as sleep deprivation, manipulation, or even physical force to extract a confession from a suspect. Fear, intimidation, and coercion can lead innocent individuals to confess to crimes they did not commit to end the interrogation and go home. Moreover, some individuals may feel pressure to confess crimes to protect someone they care about or avoid harsher punishment for a lesser offense. 

Another reason for false confessions is mental health problems. Individuals with mental health problems such as schizophrenia, or intellectual disabilities, are more likely to confess to crimes they did not commit. They may lack the capacity to understand their legal rights or even the consequences of their actions. Moreover, they may be more susceptible to police pressure and more likely to agree with someone in authority, leading to false confessions.

Sex crimes fall into a category of crimes that are prosecuted extremely aggressively. As a result, many charged with such crimes are often assumed guilty before they are even tried in a court of law. And because of this, it is essential to take immediate action to protect your rights and to defend yourself against such charges. If you are ever charged with a sex crime, it is important not to panic. While you are certainly in serious legal jeopardy, there are defense strategies that can be implemented to give you a chance at beating these serious charges brought against you.

When charged with a sex crime, the first step you should take is to hire an experienced sex crimes defense attorney. An experienced attorney may be familiar with various defense strategies and will work with you to decide which strategy may help your situation. Today, we are going to review some of those defense strategies.

Defense Strategies Against Sex Crimes 

One of the most common defense strategies in a sex crime case is challenging the evidence that the prosecution has gathered against you. This may involve questioning the reliability of eyewitness testimony, challenging the admissibility of certain types of evidence, or presenting evidence that undermines the prosecution’s case. Another strategy that may be effective is to argue that the alleged sexual encounter was consensual. If you can provide evidence that the other party willingly participated in the activity, it may be difficult for the prosecution to prove that a crime was committed. 

As you may be aware, probation is a privilege granted to individuals convicted of a crime but have been allowed to serve their sentences outside of jail or prison. Probation is a form of community supervision and comes with certain conditions that the individual must abide by. In Utah, probation violations are taken very seriously, and individuals who violate their probation could face consequences ranging from additional fines to incarceration. Today, we will discuss everything you need to know regarding probation violations in Utah. 

If you have possibly violated your probation, strongly consider hiring a knowledgeable probation violation attorney who will work to ensure you understand your rights and have the proper guidance moving forward to avoid being sent back to prison or incurring costly penalties. 

What Are Common Probation Violations in Utah? 

In Utah, the most common probation violations include the following:

As is true in virtually every state in the United States, sex crimes are among the most severe offenses someone can be arrested for and charged with. This is particularly true when children are involved. When an adult is charged with child-related sex offenses, the police, media, and community often consider the alleged offender guilty of the charges against them before any trial has begun and, thus, before the defense has had a chance to present its case. 

Being convicted of a sex crime involving children can quickly decimate one’s life and career. This is why it is imperative to retain experienced counsel if you are ever charged with such a crime to try to avoid the devastation a conviction will wreak on your life. A knowledgeable criminal attorney will work tirelessly to ensure your rights are protected while also pursuing a favorable case outcome.  

In modern society, there is often a preconceived notion that sexual activity between a married couple is, by definition, consensual. However, you may be surprised that this is not the case. In Utah, regardless of whether you are married to someone, you can still be charged with rape if you engaged in sex through a means of force or coercion. Notably, the only instance when marriage protects against a rape charge is if someone is charged with statutory rape but was married to the underage person in question. Nevertheless, that exception only applies if the underage spouse consented to the sex.

In this blog, we will take a look at specific circumstances that often surround marital rape. It cannot be stressed enough that if you are facing charges of rape against your spouse, it is crucial that you seek out aggressive legal representation to have a chance at avoiding a conviction.

A Brief History of Marital Rape

For many years, marriage acted as a shield against accusations of rape. Spouses could not be charged with raping their spouse, even if the sex was non-consensual. It is only in the recent past that the laws acknowledging marital rape began to change on a state-by-state basis. Even today, marital rape varies on a state-by-state basis. In Utah, however, marital rape is treated as any other rape. 

In Utah, cases involving sex crimes are investigated and prosecuted with the utmost seriousness. However, the law involving such crimes can be confusing, especially for charges involving statutory rape. Under Utah law, statutory rape occurs when a defendant engages in consensual sexual contact with a minor who, because they are a minor, is too young to consent to the sexual contact. Moreover, the defendant must know or should have reasonably known the age difference before engaging in the sexual encounter. For this blog, we will delve deeper into what strategies are available for those charged with statutory rape.

At the outset, if you have been charged with statutory rape, understand you are in serious legal jeopardy. Being convicted of such a charge can land someone in prison while also requiring the convicted individual to register as a sex offender for the rest of their life, which can devastate someone’s life and career. Therefore, if you have been charged with statutory rape, do not hesitate to reach out to a knowledgeable sex crimes attorney who will work to ensure your rights are protected and that the most favorable outcome possible is pursued in your case.

Strategies for Defending Against Statutory Rape Charges in Utah

Depending on the state, few strategies are generally available to combat a statutory rape charge. Luckily, in Utah, there are options available for one’s defense. These options include the following: 

 You have probably heard of the term “white-collar crime.” These crimes are generally non-violent, financially motivated, and involve unlawful access or stealing confidential financial information for personal gain. These crimes may include insurance fraud, identity theft, money laundering, embezzlement, or other deceptive business practices. While it is true that these crimes are non-violent offenses, that does not mean they are non-serious offenses. 

Being convicted of a white-collar crime can tremendously affect one’s life and career. Such offenses can carry substantial fines and prison time. If you have been charged with a white-collar crime, understand that you could be at serious risk, even if you think you are not guilty. To protect yourself legally and pursue a favorable outcome in your case, consult with a knowledgeable white-collar crime attorney who can ensure your rights are protected and work with you to try to clear your name of the charges brought forth against you. 

Understanding the Complexity of White-Collar Crime 

Many people incorrectly believe that just because a crime is non-violent, the offense is nothing to worry about. Unfortunately, this is not the case. White-collar crimes can be highly complex due to their foundation in financial wrongdoing. As a result, investigations into white-collar crimes can be very long and drawn-out, since state and federal law enforcement often will work to create a “paper trail” of evidence. In other white-collar crime cases, the authorities may already have much evidence before you are even arrested. In any event, if you think you are the subject of a white-collar crime investigation, you must seek legal counsel immediately. 

Being charged with a crime can be a terrifying experience. This is especially true when being charged with a serious crime, such as a sex crime. Defending yourself against a sex crime charge is no easy task. Due to the severity of such crimes, the police and community may assume you are guilty before any trial has taken place. 

To put yourself in the best possible position for a positive outcome in your case, there are several things you should do when you are charged with a sex crime. At the outset, strongly consider consulting with an experienced sex crime defense attorney. This is the first step you should take to help prevent the prosecution from securing a conviction against you. A sex crime conviction could mean decades of prison time and the lifetime designation of being a sex offender. 

What to Do When Faced with Sex Crime Charges

When faced with serious criminal charges, besides immediately hiring an attorney, there are several other things you should do, including:

 Sex crimes are often perceived as being amongst the most despicable offenses that a person can engage in. They fall into a category where, even if you are acquitted, being associated with such acts can permanently ruin your reputation. Moreover, the potentially graphic and disturbing nature of sex crimes makes it likely that cases involving such acts will likely be highly publicized, putting even more pressure on the state to secure a conviction against you. 

Because of public outcry about sex crimes, and the current social movement towards paying more attention sex crimes and prosecuting them more aggressively, the state's aggressiveness to secure a conviction against you can sometimes infringe on your constitutional rights. That being the case, if you have been accused of or charged with a sex crime, you must get legal counsel as soon as possible. Time is of the essence, and the sooner you meet with an attorney, the sooner your defense can begin getting prepared. 

Types of Sex Crimes in Utah

In Utah, there is a wide range of sex crimes with which someone can be charged. In addition to whatever sentence a convicted person is given, he or she will likely be required to register as a sex offender for life. Sex crimes in Utah include:

Utah is known for being a very family-friendly state, and its laws against sexually exploiting children in video and photographs are strict and highly punitive. The criminal record of those convicted of possession, creation, or distribution of child pornography can be devastating, requiring lifetime registration as a sex offender and the many unpleasant consequences that come along with that. If you are facing charges of sexually exploiting a child, get help from a Utah sex crimes defense attorney right away. 

What is Sexual Exploitation of a Minor in Utah? 

The law that applies to the sexual exploitation of a minor specifically relates to the production, possession, and distribution of child pornography. A child’s parents can also be charged under this law for knowingly allowing their child to be depicted in pornographic images or videos. Even if the child was not actually involved in sexual conduct, simply depicting the child as if he or she were is against the law. 

An essential part of the law is that the accused did their actions knowingly; it may, under certain circumstances, be possible for an attorney to argue that you are not guilty because you did not knowingly view child pornography. Claiming not to know the age of the victim is not a viable defense. 

Although many cases of rape accusations never move past the investigation phase for lack of evidence, there are innocent men in jail today because of alleged rapes they did not commit. If you have been falsely accused of or charged with rape or sexual assault, it is important to take this seriously and to immediately hire a criminal defense attorney with experience in Utah sex crimes charges. The sooner you can take charge of the situation, the better the outcome is likely to be. 

What Should I Do if Someone is Falsely Accusing Me of Rape? 

Despite studies suggesting that false accusations of rape are rare, the truth is that accusations are easy to make and can quickly have a devastating impact on the accused’s life. Utah’s conservative religious environment sometimes results in young women who feel guilty about voluntary sexual behavior trying to excuse it or cover up their culpability by accusing a young man of rape or sexual assault. 

If you have been accused of any kind of sexual assault, it is important to take action right away and to understand that even though evidence may be slim or nonexistent, you may still face serious consequences for the actions of which you are accused. If you find out that you are being investigated for sexual assault, hire an attorney right away who will conduct an independent investigation and present the police or prosecutor with evidence that the allegations are false. 

A majority of DUIs are addressed at the misdemeanor level. Misdemeanors are generally regarded as lesser or minor offenses, commonly resulting in consequences such as probation or brief terms of incarceration. Felonies are regarded as more severe and troublesome offenses, commonly resulting in long terms of imprisonment and extreme socioeconomic harms, referred to as “collateral consequences.” In simple forms, DUIs are regarded as misdemeanors, however, circumstances showing significant elevation in the seriousness of the offense may cause a DUI to be prosecuted as a felony. Even as a first offense, a DUI may be charged as a felony given that an aggravating factor is present. If you have been charged with a felony associated with intoxicated driving, it is critical that you initiate communication with a qualified attorney at your earliest convenience. The seriousness of a felony DUI charge cannot be understated. 

Aggravating Circumstances in DUI Prosecutions

A felony conviction or the entrance of a guilty plea may precipitate massive and unwanted lifestyle alterations, such as significant difficulty in securing desirable employment and rental housing. Aggravating factors that may cause a DUI to be prosecuted as a felony include: 

• Repeat charges - Under Utah state law, a third DUI within a period of ten calendar years can be automatically treated as a felony offense. The policy giving rise to this rule of law relates to a societal need to more severely punish those who demonstrate a failure to rehabilitate themselves following two separate incidents of intoxicated driving, thereby placing the public in danger. 

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There is often a social presumption that sexual activity between spouses is always consensual. However, there is no such legal presumption. In Utah, even if you are married to the alleged victim, you could still be charged with rape if you use force or coercion to get your spouse to submit to sex. The only time that marriage provides any protection against a rape charge is if you are charged with statutory rape, but were married to the underage alleged victim. However, that exemption still only applies if your minor spouse actually consented. In all other cases, you could be convicted of rape in Utah for having nonconsensual sex with your spouse. If you are facing charges for the rape of your spouse, it is important to seek out high-quality legal representation at once. 

The History of Marital Rape

Traditionally, marriage provided a complete defense to rape accusations. In the past, spouses could not be punished for having sex with each other, even if that sex was non-consensual. Many people believe that the marital exception to rape laws disproportionately affected women, who were the most common victims of spousal rape. These laws only began changing in the relatively recent past, and on a state-by-state basis. Today, marital rape laws can still vary between states, but in Utah, marital rape is rape. 

Understanding Marital Rape 

Marital rape simply means having sex with your spouse without their consent. This may include having sex under circumstances like: 

While all sex offenses are extremely serious crimes, some are more severely punished than others. In Utah, people who are convicted of a sex crime and required to register as a sex offender are stratified into different levels based on the seriousness of their crime and risk of reoffending. Registration in Utah can last ten years or a lifetime. No matter the designation, sex offenders face a number of difficulties in daily life. They may struggle with simple needs like finding housing and work. There is a heavy stigma attached to any type of sex offense. If you are facing charges of a sexual nature, it is important that you find a highly skilled attorney like those at Collins Rupp, P.C. to give you the best odds of beating the charge. 

Crimes That Lead to Ten-Year Sex Offender Registration

In Utah, a number of crimes can land you on the Sex Offenders Registry for ten years. These offenders are those who have committed less serious sex crimes and are considered low-risk for reoffending. They must remain registered as a sex offender for ten years. Crimes that can lead to this designation include: 

• Voyeurism

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There are a number of reasons that Utah drivers could have their licenses suspended. Drunk driving charges will do it. Too many traffic tickets could also eventually lead to a suspension. Usually, the reasons for a license suspension have something to do with, well, driving. However, in Utah, a drug-related conviction could cause you to lose your driver’s license for up to six months even if you were nowhere near your car, let alone driving. There are steps an attorney can take that could help you avoid having your license suspended if you have been accused of a drug crime. If keeping your license is a high priority for you, then our lawyers can factor this into our defense strategy. 

Utah Suspends Drivers Licenses After Most Drug Convictions

Generally, a six-month license suspension is almost automatic after a conviction for certain drug crimes, including drug possession or possession of paraphernalia. This happens even if the drug crime had nothing to do with driving. There is a general presumption that people who are willing to break the law to use an intoxicating substance very likely have a substance abuse problem - and may be likely to drive while intoxicated. 

This reasoning is not altogether unreasonable–people who are struggling with addiction often use their substance of choice around the clock. If you have a substance abuse problem, it is important that you are honest about it with your attorney. An arrest is a very common wake-up call, and getting you into treatment may be very helpful in more ways than one.

Being a sex offender can have a permanent impact on your life. Depending on which particular sex crime you are convicted of, you may have to register for a few years or for life. Sex offenders must often live with a number of rules and restrictions that other convicts do not. Not all sex offenders have to follow all possible restrictions that can be imposed - but you will be subject to some of them. As a sex offender, you will also be subject to closer court supervision if you are not sent to prison, or after you are released from incarceration. This can make reintegrating into society very difficult. The challenges sex offenders face are unenviable. If you have been charged with a sex crime, it is very important to work with an attorney who has sex crime experience in order to mitigate the impact your charge may have on the rest of your life. 

Rules That Sex Offenders May Have to Follow

One of the biggest concerns that sex offenders have is how public the list is. Anyone can look up who is on the registry at any point. It is easy to search based on location. It will turn up on every background check. In addition, you may also have to live with restrictions like:

• Living away from children - Utah establishes “protected zones” surrounding places where children may congregate, such as schools, parks, public pools, and daycares. Sex offenders may not reside in these protected zones. This can make it even more difficult to find a place to live. 

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Statutory rape laws can be confusing. They can vary wildly from state to state. In Utah, statutory rape means having consensual sexual contact with a minor who was too young to consent to sexual contact with the defendant, if the defendant knew or reasonably should have known of the age difference. The exact sex offense charged will depend largely on the ages of the alleged victim and the accused offender. Unlawful Sexual Activity With a Minor, Sexual Abuse of a Minor, and Unlawful Sexual Contact With a 16 or 17-Year-Old are three different charges that can all fall under the umbrella of “statutory rape.” Even if the sexual contact was consensual, minors may not be able to provide meaningful legal consent due to their age. If convicted, you could face years in prison and a lifetime as a sex offender. You will need the help of an experienced criminal defense lawyer to fight your statutory rape charges. 

Strategies for Defending a Statutory Rape Case

In some states, there are very few possible defenses to statutory rape. In Utah, there are more defenses available. If you are facing statutory rape charges, your lawyer may be able to protect you using defenses like:

• Close in age - Utah has “Romeo and Juliet laws” that protect young couples who are close in age. It is common for a relationship that began when both parties were in high school to continue after one part has turned 18 years old. If you were within a few years of the alleged victim’s age, you may not have done anything illegal. 

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