Posted on November 30, 2023 in Sex crimes

A sex crime can follow you for the rest of your life, with some of the most severe punishments pertaining to crimes against children. Utah imposes lengthy jail sentences for sex crime offenders, recently increasing minimum prison sentences for habitual offenders.

If you have been charged with a sex crime, it is crucial that you hire a Salt Lake City sex crimes attorney to defend your rights.

Utah Sex Crimes Against Children

A sex crime is any illegal activity involving a sexual component against another person. New research signifies that Utah’s rape rate is 55.5 per 100,000 people, with one in five children being sexually abused before turning 18 years old. In light of these alarming statistics, the Utah legislature has doubled down on punishments for sex crimes.

Two Utah sex crimes against minors include:

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 Posted on November 11, 2023 in Criminal Defense

An estimated 32,000 people are arrested each year in Utah. Following an arrest, you may not be aware of your rights. You may be agitated and think you have to answer any questions the police ask you.

Our Davis County criminal defense attorneys are here to provide you with an overview of your rights following an arrest and when you should contact an attorney.

Miranda Rights

If a police officer is arresting a suspect and intends to question them, then the officer must read the arrestee's Miranda rights.

Your Miranda rights come from the Supreme Court decision of Miranda v. Arizona. In Miranda, the defendant was arrested at his home and taken into police custody. He was interrogated by two police officers for two hours, after which he signed a written confession.

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 Posted on October 30, 2023 in Sex crimes

A sex crime conviction can have a profound impact on your life. Besides having to serve time in prison and having a criminal record, the stigma of being a sex offender will always follow you.

If you have been charged with a sex crime, you need to do everything you can to protect yourself. The first step to protect your civil liberties and reputation is hiring a Davis County sex crimes attorney.

Types of Sex Crimes in Utah

Sex crimes are crimes that involve illegal sexual activity or a form of violence during a sexual act. Rape, forcible sexual abuse (sexual assault), forcible sodomy, and sex trafficking are all considered sex crimes under Utah Code.

Some basic definitions for each:

• Rape (first-degree felony): sexual intercourse with another person without that person’s consent
• Forcible sexual abuse (second-degree felony): touching the private genitalia or breasts of another person without that person’s consent

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 Posted on October 12, 2023 in Criminal Defense

Getting pulled over and accused of drunk driving can be a terrifying experience. The police are trained to take verbal and physical command of the situation, and many people find themselves agreeing to a breathalyzer test before they know what hit them.

If you found yourself in this situation, failed a test, and are now facing DUI charges, we have good news. There are often ways in which a Utah DUI defense attorney can challenge the results of a breathalyzer test. In fact, your lawyer may even be able to challenge the traffic stop altogether – potentially resulting in the state dropping the charges against you. Read on to learn more.

How an Attorney Can Challenge the Results of a Breathalyzer Test

Contrary to what police and prosecutors would have you believe, breathalyzer tests are not always accurate. There are many reasons that the results of a breathalyzer test may be inaccurate, including the following:

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 Posted on September 19, 2023 in Criminal Defense

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.

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 Posted on September 07, 2023 in Sex crimes

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.

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 Posted on August 30, 2023 in Criminal Defense

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:

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 Posted on August 15, 2023 in Criminal Defense

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.

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 Posted on July 26, 2023 in Criminal Defense

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.

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 Posted on July 17, 2023 in Criminal Defense

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.

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