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 

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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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 Posted on June 28, 2023 in Criminal Defense

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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 Posted on June 14, 2023 in DUI

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.

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 Posted on May 25, 2023 in Criminal Defense

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.

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