Persons Restricted from Possessing Firearms in Utah

Posted on May 18, 2013 by Jerry Salcido

If you live in Utah you are subject to the laws dealing with firearms.  There are a couple of categories of persons who are restricted from using, possessing, selling, or otherwise transferring firearms.

The first category of restricted persons include the following:

  • An individual who has been convicted of any violent felony;
  • Anyone who is on probation or parole for any felony;
  • Anyone who is on parole from a secure facility;
  • An individual who within the last 10 years has been adjudicated delinquent for an offense which if committed by an adult would have been a violent felony; or
  • An alien who is illegally or unlawfully in the United States.

The second category of restricted persons include:

  • Those who have been convicted of any felony;
  • Those within the last seven years who have been adjudicated delinquent for an offense which if committed by an adult would have been a felony;
  • Any unlawful user of a controlled substance;
  • Anyone who is in possession of a dangerous weapon and is knowingly and intentionally in unlawful possession of a Schedule I or II controlled substance;
  • Those who have been found not guilty by reason of insanity for a felony offense;
  • Anyone who has been found mentally incompetent to stand trial for a felony offense;
  • Anyone who has been adjudicated as mentally defective as provided in the Brady Handgun Violence Prevention Act or has been committed to a mental institution;
  • Anyone who has been dishonorably discharged from the armed forces; or
  • Anyone who has renounced his citizenship after having been a citizen of the United States.

A restricted person who intentionally and knowingly possesses, transfers, purchases etc. a firearm can be charged with a felony.  So basically if you are searched by law enforcement and are found to have both cocaine and a gun, you get hit with double felony counts.

Give our Provo criminal defense lawyers a call at 801.900.3717 if you are facing charges purchasing, transferring, possessing, or using a firearm by a restricted person for a free consultation.  Let’s talk about how we can help.

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Felony Criminal Defense Lawyer in Utah County

Posted on April 7, 2013 by Chris Salcido

If you have been charged with a felony in Provo you may be extremely nervous and likely have many questions for a Felony Criminal Defense Lawyer in Utah County. At our law firm, we represent individuals charged with all different types of felonies including things like drug distribution, meth or heroine charges, or other felony drug crimes, as well as aggravated assault or other violent felony crimes. Whatever your situation, we provide free consultations and can usually tell your right over the phone what we think about your particular circumstances. Felony crimes are prosecuted in district court. In Utah County, the district courts are located in Provo, American Fork, and Spanish Fork. Most of the felony cases are filed in the Provo District.

Felony DUI Charges in Provo

If you are charged with your third DUI or more, you will likely be facing a felony charge. Felony DUI Charges in Provo come with a real risk of serious jail or prison time so it is important to speak with a lawyer as soon as possible. If you are a family member and your loved one is being held in jail after being arrested on a felony DUI, we can help get the bail addressed. Often the bail amount is initially set very high.

Felony Drug Charges

Felony drug charges are one of the most common types of felonies filed in Utah County. Having a large amount of drugs or having paraphernalia such as scales etc., can land you a felony drug charge. Even if you do not have a prior record, if you are charged with a felony drug related crime, you should seek the assistance of counsel. Even the lowest felony charge runs the risk of prison time. To speak with a Felony Drug Defense Attorney at our firm today call 801.900.3717.

Violent Crimes

Violent crimes are often charged as felonies. Assault, domestic violence, and other related violent offenses, if felonies, are often aggressively pursued by prosecutors. There is no doubt you will need a lawyer if you are facing one of these types of crimes. We can help.

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Appealing from a Justice Court to a District Court

Posted on March 31, 2013 by Jerry Salcido

The Justice Court’s Role in Utah’s Legal System

Justice courts were created to handle the less serious offenses committed by individuals such a traffic offenses, first and second DUIs, petty marijuana offenses, simple assaults, and petty thefts.  Justice court judges have many of the same powers as district court judges, but justice court judges do not have to be lawyers before becoming judges, which means they do not have to be law trained. Nonetheless, justice court judges can issue warrants, set bail, issue commitment orders to send individuals to jail, and impose fines.  Justice court judges impose fines more than any other punishment because the fines go to the city coffers or county coffers depending on what type of justice court it is.  Sadly, many justice courts are revenue producers for the city that created them, and little else.

Two Bites at the Apple

The Utah Legislature has made it so that anything that happens in a justice court can be disposed of as though it never happened, by giving defendants in justice courts the ability to appeal any conviction to the district court.  it is called a trial de novo, and essential means a “do over.”

Some justice court judges are more tyrants than judges and for some reason love punishing people severely.  We had a case where our client hired us to a appeal from a justice court because the judge threw him jail for 90 days for breaking a plank on his neighbors fence.  Seriously…that’s all he did.  When justice court judges do crazy things like that, simply appeal the conviction and get out of that court.

Utah court rules also provide a way to stop a justice court judge from sending you to jail in most cases.  If the justice court judge sends you to jail and you appeal, the jail sentence is immediately stayed in most situations.  There are some situations where the jail sentence will remain in place, but those are few and far between and even then you can petition the district court to stop the justice court from sending you to jail.

Don’t get stuck with a bad justice court outcome.  Call our Provo criminal defense lawyers today to get the legal protection you need.

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Concealed Carry Law in Utah

Posted on March 13, 2013 by Chris Salcido

HB76 could very soon become the law of the land in Utah. The bill passed both the House and Senate in Utah and waits the governor’s veto or signature. The so called “Constitutional Carry” would allow concealed weapons to be carried without a permit. We have seen charges filed against some individuals in recent years for carrying a gun or other weapon in a concealed manner without being a permit holder. Utah is already an open carry state, meaning anyone who is not a restricted person can carry a weapon in plain view. However, this bill would take that one step further and also allow individuals to carry in the pocket, under a jacket, or in any other concealed manner.

Will the Bill Become Law?

The bill has yet to be signed into law by the governor and it is not yet known if the governor intends to veto the bill or not. In the past, Governor Herbert has explained he believes the gun laws in Utah are not broken and do not require any amendments or change. Therefore, many believe he will veto the bill. However, the bill is greatly favored by his republican party and was passed by slightly more than a 2/3 majority in each house. Even if the bill is rejected by the governor, it would still likely become the law of the land if the house and senate vote to override the veto. All that is required is a 2/3 majority to override the governors veto. Since the bill already passed the legislature with this majority, it seems likely to win out. That is unless at least a few of the elected officials change their minds.

Gun Charges in Utah

Gun law in Utah has changed quite a bit over the last few years in Utah in the direction of lesser state regulations. However, we still speak with many individuals every year who face a gun related charge such as brandishing a weapon, assault related charges, or others. We provide free consultations to those accused with weapon related crimes. For more information, call and speak with a Provo Criminal Defense Lawyer at our office today.

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Prefiling Negotiations

Posted on February 24, 2013 by Jerry Salcido

Lawyer Up!

We get calls all the time from individuals who are being investigated for various criminal charges throughout Utah.  Sometimes they have already spoken to the police, have made admissions, and otherwise helped law enforcement make a case against them. Other times they haven’t said a word to the law enforcement and want an attorney to protect their rights immediately so the police will stop harassing them with phone calls.

If you are being investigated by law enforcement lawyer up!  It’s seriously the smartest thing you can do.  Law enforcement has a job to do, and that is to gather as much evidence in support of criminal charges against you as possible.  That means you need protection the second you know you are being investigated.

Staving Off More Serious Charges

Let’s say you have committed a crime, you know there is plenty of evidence against you, and law enforcement probably already has that evidence.  You still need legal representation.  We have found that prosecutors, even if they have overwhelming evidence against a defendant, are still willing to work with the defendant’s attorney even before filing charges in hopes of reaching a resolution that everyone can live with and it makes a lot of sense in many cases.  In such cases we have had a lot of success in convincing the prosecutor to file less serious charges than previously planned.

If you are being investigated for a crime, contact our Provo criminal defense law firm and let us know what’s going on.  Depending on the facts of your case we may advise you to keep quiet and lie low.  We may advise you to let us contact the district attorney on your behalf to see whether we can stave off the charges.  If there is already a warrant issued we may advise you to turn yourself in.  Whatever your case you will get the best legal representation from our experience defense lawyers.

Call us anytime so we can get to work on your case.  801.900.3737.

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Patronizing a Prostitute in Utah | Provo Criminal Defense Lawyer

Posted on February 14, 2013 by Chris Salcido

A person may be charged with Patronizing a Prostitute in Utah if they pay, offer, or agree to pay another person a fee for the purpose of engaging in any type of sexual activity. Additionally, if you are found in a house of prostitution, you may also be charged with this crime. That means that just being in a place considered by law enforcement to be a brothel would be enough to be charged under the statute. Patronizing a Prostitute in Utah is a Class B Misdemeanor under most circumstances. However, if the person charged has HIV and has actual knowledge of that fact or was previously convicted, they may be charged with a third degree felony. Often times, individuals who are attempting to connect with a prostitute are charged with sexual solicitation as opposed to under the patronizing statute. Whatever you particular charges may be related to Prostitution in Utah, you should speak with a lawyer prior to giving any statements to the police or going to court.

Entrapment by Law Enforcement

Police officers in Provo and across the state of Utah have been running sting operations on occasion to crack down on prostitution and sexual solicitation. In some cases, the police may entrap someone into a prostitution scenario when the individual never intended to commit any illegal acts. This is one reason why it is so important to meet with a Provo Criminal Defense Lawyer at our office prior to taking any steps in your defense. We have handled numerous cases in which our client was charged with Patronizing a Prostitute in Utah County when they never intended to engage in any unlawful sexual activity but rather were seeking companionship and non sexual entertainment. Escort services are generally not illegal so long as there is no exchange or offer of sexual activity for compensation and the escorts are properly licensed etc. Nonetheless, prior to engaging the service of an escort, one should be fully advised of what the law in this area dictates.

Free Consultation

For more information on your case, call and speak to a Provo Defense Attorney now. We look forward to reviewing your case and helping you through a potentially embarrassing and difficult situation. Everyone makes mistakes and there is no reason not to at least speak with one of our team members. We have the experience necessary to ensure you get through the process in the most reasonable way possible. Call or email us now to get started on your defense and get some piece of mind.

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Man Shoots at Driver in Spanish Fork Road Rage Incident

Posted on January 22, 2013 by Jerry Salcido

Two men were involved in a road rage incident in Spanish Fork last week. The encounter escalated after the two drivers entered a residential neighborhood and the leading car stopped at a stop sign. Allegedly the man behind the front vehicle jumped out of his vehicle and approached the driver with a hand gun. When the other driver saw the man in his rear view mirror approaching his vehicle with a gun, the man supposedly panicked and attempted to run the guy over before speeding away. When the man attempted to run the gun holder over with his vehicle, the individual with the gun fired shots at the vehicle leaving at least 2 bullet holes in the truck, one in eh passenger door and another in the tail gate. Luckily, no one was hurt. However, the man who shot at the other driver was arrested after authorities were called by residents of the area who must have been panicked after hearing gun shots firing in the neighborhood. The shooter was booked on felony aggravated assault charges and will likely be facing a tough case. We are not aware of any charges being filed against the other driver although in our opinion it is probably likely the other driver will be charged with something. Utah has a large number of road rage incidents each year. We caution all of our clients and others to be patient on the road and avoid road rage.

Utah Aggravated Assault Attorney

If you or someone you know has been charged with a serious violent felony, call and speak to a Utah Aggravated Assault Attorney in our office today. Violent crimes are generally prosecuted very aggressively in Utah County and throughout the state so be sure you at least meet with a private lawyer before deciding how to proceed in your defense. Our law firm is experienced in violent felony cases and will provide you with a free consultation. Call us now for more information or to get started.

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Provo Crimes by Out of Towners

Posted on December 21, 2012 by Chris Salcido

One thing that can make criminal charges especially difficult is if a person is cited for an offense while on vacation or traveling. It is often quite difficult to deal with criminal charges and understand the complexities of the system when your are charged in your hometown. Now put that scenario hundreds or thousands of miles away and it becomes nearly impossible. The courts cannot be concerned with where defendants live and the judicial systems figure that if you were able to be in their jurisdiction to commit the crime or at least be charged of it then you can come back to be there for your court date. The reality is however that its not that easy and most people can’t just be traveling back and forth between home and a court that is miles and miles away.

An Attorney to Be There For You

One option that works much better for most people than traveling back and forth is to hire an attorney who can be there for them. At Salcido Law Firm we can represent you in your case and you never have to leave your home state. Plus we will make sure that you get the best outcome available instead of taking a crummy deal from the prosecutor simply because you don’t want to be traveling back to Utah. Depending on where you live it may also be cheaper to hire an attorney then pay the travel costs.

Provo Criminal Defense Attorneys | Representing You

If you have been charged in Provo, Utah of a crime and you don’t live close enough to be able to travel back and forth to appear at your court dates then call Salcido Law Firm today. We have worked with hundreds of out of state clients and we will keep you informed of your case and your options and make sure that the case gets resolved in a manner that is satisfactory to you. Call or email us today to find out more.

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Statute of Limitations for Criminal Offenses in Utah

Posted on November 13, 2012 by Jerry Salcido

On rare occasions, prosecutors do not file criminal charges for months or even years after the alleged offense occurred. Under some circumstances, if the prosecutor waits to long to file the charges, they may be dismissed under an applicable statute of limitations in the Utah Criminal Code. At our firm, we are always checking to make sure certain offenses can even proceed forward under these statutes or whether they should be dismissed. You should always check with an Utah criminal defense attorney if you think a statute of limitations applies to your case in favor of dismissal. As general information, we provide the following list of SOL provisions:

  • FELONIES – Generally speaking, felonies must be commenced within 4 years.
  • MISDEMEANORS – Generally speaking, misdemeanors must be commenced with 2 years.
  • INFRACTIONS – Generally speaking, infractions must be commenced within 1 year.

The general rules do not apply to all charges and there are exceptions to these general rules so we cannot stress enough the need to speak with an attorney before relying on any information or proceeding in any certain manner.

Commencing a Prosecution

What many people do not realize is what actually qualifies as meeting the statute of limitations. You do not necessarily have to be given any notice that a charge was filed against you for the statute of limitations to be saved. A prosecution may be commenced sufficient to save the SOL in three ways. First a prosecution may be commenced upon the filing of an indictment by a grand jury. Second, a prosecution may be commenced by the filing of a complaint or information. And finally, the one that often really gets people, is the issuing of a citation sufficient to save the SOL.

Criminal Defense Lawyer in Provo

Expiration of the statute of limitations is rarely a defense because normally charges are filed relatively soon after allegations are made. However, we have represented a number of clients in which their cases were dismissed as a result of the SOL date running. If you think a valid SOL defense applies in your case, call and speak with a Criminal Defense Lawyer in our Provo office today.

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Underage Drinking in Utah County | Minor Consumption Lawyer

Posted on October 9, 2012 by Chris Salcido

Every year, many teenagers are charged with minor in consumption and other related alcohol charges in Utah County. With fall now here and the new school semester in full swing, we anticipate an increased number of alcohol related citations issued especially to underage college students in the valley. What many teens and underage kids do not realize, is that you do not necessarily have to consume the alcohol in order to be cited. All it takes is technically having alcohol in your possession to be charged. Additionally, merely purchasing or even attempting to purchase alcohol or soliciting alcohol can be enough to find you are facing a citation and possibly a class B misdemeanor. If any of these scenarios apply to you or your child, call and speak with a Minor Consumption Lawyer in our Provo law office today.

Penalties for Underage Drinking

Some clients we speak to do not realize the potential penalties involved with being charged under Utah Code 32B-4-409 (the underage drinking statute in Utah). Probably the worst penalty you are faced with could be the suspension of your driving license for an extended period of time. Other penalties include court fines and fees as well as being required to submit to a drug and alcohol screening as well as an educational series. Additionally, depending on your rap sheet, you may be faced with the possibility of some jail time. For first offenders, jail time is typically not ordered. However, jail time is always on the books as a possibility. Unfortunately for some minors, they don’t take the case seriously and go to court without a lawyer and all of these penalties are thrown at them basically setting them up to fail. Don’t make the mistake of believing you can go in and resolve an underage drinking citation on your own. Smart clients hire smart attorneys to defend them in these matters. While an attorney cannot guarantee you a certain outcome for your case, they can help to ensure you get the best possible outcome given your circumstances.

 

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