Posted on August 27, 2024 in Criminal Defense

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.

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 Posted on August 13, 2024 in Drug crimes

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:

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 Posted on July 24, 2024 in Criminal Defense

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.

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 Posted on July 09, 2024 in Sex crimes

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.   

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 Posted on June 10, 2024 in Sex crimes

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.

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 Posted on May 24, 2024 in Sex crimes

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.

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 Posted on May 08, 2024 in Sex crimes

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:

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 Posted on April 25, 2024 in DUI

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.

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 Posted on March 28, 2024 in Sex crimes

Forensic evidence is classified as criminal evidence that is obtained through scientific means. In sex crime cases, eyewitness testimony may not be available, causing the prosecution to rely heavily on forensic evidence. In recent years, advancements in collecting forensic evidence have allowed crime scene investigators to draw further conclusions from the data retrieved. 

While forensic evidence does offer insight into the circumstances regarding a sex crime, it does come with its own challenges. If you are under investigation for a sex crime, do not hesitate to reach out to our Salt Lake City sex crimes attorneys.

Forensic Evidence Examples

Locard’s Exchange Principle states that every time someone enters a physical space, something is added, and something is taken away. We fail to realize that when we visit a place, we leave a trace of ourselves behind. 

Common examples of forensic evidence include:

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 Posted on February 28, 2024 in Sex crimes

Sex crimes encompass a wide range of acts. If you receive a sex crime conviction in Utah, you will risk spending time in jail, paying steep penalties, and being publicly listed as a sex offender. A sex offense can ruin your reputation, destroy your professional goals, and even compromise personal relationships.

If you are facing allegations of a sex crime, you need a Salt Lake City sex crimes attorney to defend your interests.

Felony versus Misdemeanor

The main difference between a felony and a misdemeanor is the amount of jail time. A felony carries at least one year in prison, with a misdemeanor having a maximum sentence of one year.

Utah Sex Crimes and Penalties

Below, we provide an overview of common sex crimes in Utah and the potential penalties for each.

Unlawful Sexual Activity with a Minor

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