Posted on May 08, 2025 in Sex crimes

Currently, in the state of Utah, parents who want to remove their child from public school and homeschool must sign an affidavit, swearing they have never been convicted or credibly accused of child abuse. If a parent could not do this, he or she was not allowed to homeschool. Some school districts took the issue further and began conducting background checks on parents who pulled their children from public school to homeschool.

The response was that many parents felt like these background checks were a huge invasion of their privacy. In January 2025, HB209 was introduced. This bill would entirely remove the requirement that the parents sign an affidavit, and would also prohibit background checks by the schools. There are proponents and opponents of the new bill.

Opponents point to two recent high-profile examples of Utah parents who took their children out of public school to homeschool and then abused them. One child died from organ failure after prolonged abuse; if the child had been in public school, his death could have potentially been prevented. Proponents of the bill say laws related to child abuse should remain in Utah’s criminal law rather than in homeschooling permissions.

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 Posted on April 25, 2025 in Sex crimes

If you are facing charges for a sex crime, it is important that you recognize the many ways in which sex crimes are different from other criminal offenses. Prosecutors and law enforcement are more aggressive when dealing with sex crimes, and the legal penalties are usually much more severe. If the sex crime involves a child, all the negative aspects can be multiplied exponentially.

Legal penalties are not the only serious, adverse aspects of sex crimes; there are also many collateral consequences. If you are facing sex crime charges, having a strong, experienced Salt Lake City, UT criminal defense attorney by your side is the best thing you can do to ensure your rights and your future are protected to the extent possible.

What Makes Sex Crimes Different?

In addition to potentially overzealous law enforcement and prosecutors, perhaps the main reason sex crime charges are different from other felony offenses is that society tends to view sex crimes as the worst of the worst. This means that even when a person is innocent of the charges, the court of public opinion will try to convict him or her before there is even a trial. Family members, co-workers, and neighbors may all look at those accused of a sex crime differently (and not in a good way).  

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 Posted on April 07, 2025 in Sex crimes

Voyeurism involves watching and recording others in private moments – without the consent or knowledge of the victims – to derive sexual pleasure. Voyeurism is more likely to occur in males than females (3:1) and is more common than many people believe.

About 12 percent of males in a large study and 4 percent of females reported at least one episode of voyeuristic behavior. If voyeurism is ongoing and occurs more and more frequently, it can be classified as Voyeuristic Disorder, which often occurs alongside other conditions like substance abuse, anxiety, and depression.  

While the legal consequences for a voyeurism conviction may not appear all that severe at first glance – especially when compared with the penalties for other sex crimes - voyeurism charges can easily become more serious charges. To avoid the escalation of voyeurism charges, it is important to speak to an experienced Salt Lake City, UT criminal defense lawyer.

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 Posted on March 24, 2025 in Criminal Defense

Providing alcohol to a minor is a serious criminal offense in Utah, and a conviction can carry significant legal consequences. While this charge alone can have lasting effects, it can also be linked to more severe charges such as DUI or sex crimes. If you are facing such allegations, speak with a qualified Utah criminal defense lawyer to understand how best to address them.

What Does Utah Law Say About Providing Alcohol to a Minor?

Under Utah law, it is illegal for an adult to provide, sell, or furnish alcohol to anyone under the age of 21. This includes directly giving alcohol to a minor or knowingly allowing a minor to consume alcohol on your property. Doing so can be charged as a Class A misdemeanor, which can result in up to one year in jail and fines of up to $2,500. A conviction can also lead to community service, mandatory alcohol education programs, and even the suspension of your driving privileges.

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 Posted on March 12, 2025 in Drug crimes

Utah has some of the strictest marijuana laws in the country. Although it legalized the use of medical cannabis in 2018, recreational use is still illegal. Since the products themselves can be extremely similar, it can be hard to understand where the distinction between what is legal and illegal lies. Medical marijuana users can even face drug charges for failing to follow the state’s strict regulations. Whether you are a medical patient or someone facing marijuana-related charges, speak with a qualified Utah criminal defense lawyer to understand the laws and how they can affect you.

How is Medical Marijuana Regulated in Utah?

Utah’s medical marijuana program allows people with qualifying conditions to obtain a Medical Cannabis Card and purchase marijuana from state-licensed dispensaries. There are strict rules governing how medical cannabis can be obtained, used, and even transported.

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 Posted on February 21, 2025 in DUI

Most people think you can only get a DUI if you are caught doing what the name implies: driving under the influence of drugs or alcohol. In Utah, that is not always the case. You might be surprised to learn that you can be arrested and charged with DUI even if your car is not in motion at the time of the arrest. This is because Utah law includes a concept called "actual physical control" of a vehicle. To understand more about how this could impact you, speak with a knowledgeable Salt Lake City, UT criminal defense lawyer.

What Does "Actual Physical Control" Mean?

In Utah, you do not need to be driving to be charged with a DUI. If you are in actual physical control of the vehicle at the time of the arrest, it means that you are in a position to operate it, and therefore, you can be charged even if you were not driving. To determine whether you were in actual physical control of the car, courts will consider various factors.

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 Posted on February 10, 2025 in Criminal Defense

DNA is commonly used in criminal cases to demonstrate a defendant’s guilt. However, forensic investigation methods have developed over the years. With more advanced technologies and evidence collection methods available, post-conviction DNA testing has been helping prove the innocence of people wrongfully convicted of serious crimes in Utah. If you believe current science could exonerate you, speak with a qualified Utah criminal defense lawyer to understand your options. 

When is Post-Conviction DNA Testing Feasible?

You cannot overstate the importance of DNA evidence in criminal law. For many years, it has played a decisive role in the fate of many defendants. In recent years, new DNA samples and advanced forensic methods have been brought in to reexamine an old case and many wrongful convictions have been overturned with innocent prisoners exonerated as a result.

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 Posted on January 24, 2025 in Drug crimes

A major component of drug crime convictions is the suspect’s intent regarding the drugs. However, sometimes a person can be caught in possession of illegal drugs without having intended to be. When that happens, certain jurisdictions recognize "innocent possession" as a defense for drug charges.

Innocent possession is not commonly used in Utah because local drug possession laws inherently require intent to be present for there to be a case. However, mistakes can happen and if you are brought up on drug charges for something you never meant to do or possess, speak with an experienced Utah criminal defense lawyer to learn more.

When Can You Claim Innocent Possession?

There are various scenarios in which you might be able to claim innocent possession to defend against drug charges. These include:

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 Posted on January 10, 2025 in Criminal Defense

A criminal record can affect many areas of your life long after you have served your time. It can present a challenge when you are applying for a job, an education, or even housing. Certain types of criminal records are eligible for expungement, which would mean they would be removed from the public record and would not cause those challenges. To understand whether you are eligible for this legal clean slate, speak with a qualified Salt Lake City, UT criminal defense lawyer who can review your case and explain your options.

Who is Eligible for Expungement?

Just because you want your record expunged does not mean that it will happen. Not all convictions are eligible for expungement and even the ones that are can only be expunged if certain conditions are met.

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 Posted on December 23, 2024 in Criminal Defense

Utah is considered one of the most permissive states in the country as far as its gun laws are concerned. However, that does not mean there are no rules. Understanding state laws is critical when you face gun-related charges. To learn more, speak with a qualified Salt Lake City, UT criminal defense lawyer who can explain how gun laws can influence criminal charges and can build a strong defense to protect your rights.

Concealed Carry Laws in Utah

Most states in the United States can be categorized as "shall-issue" or "may-issue" states. In a "may-issue" state, local authorities can deny a concealed carry gun permit at their discretion, even if the applicant meets all the requirements. Currently, only two states are considered may-issue states. 

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