One fear of many Utah doctors is that patients will go to multiple doctors to obtain multiple prescriptions for the same drug.  The prescription drugs can then be abused or be sold illegally to other people.  To fight against this “doctor shopping,” the Utah State Legislature in 1995 created the Controlled Substance Database (CSD) Program and assigned the Division of Occupational and Professional Licensing (DOPL) to maintain the database.  The CSD requires doctors and pharmacies to record drugs prescribed to any individual receiving a prescription.  This allows doctors and pharmacies to check the CSD to see if people are receiving multiple prescriptions for the same drugs.  This helps to cut down on the doctor shopping problem and helps people to avoid being charged with distribution or possession of a controlled substance crime.

Police Abuse of the CSD

The problem with the CSD was that it was easily accessible by police officers.  Whenever someone was being investigated for a drug crime police officers would often use the database to access the personal information of the investigated individual to help bolster their suspicion of a drug offense.  This information would often be used to obtain the probable cause needed to obtain a search warrant or an arrest warrant.

It became routine for police officers to check the CSD.  A legislative audit of police use of the CSD revealed police officers accessed the database on several occasions when there was no justifiable reason to access the information.  Because of the potential violation of people’s privacy, a law was passed this year that required police and prosecutors to first obtain a warrant to access information from the CSD.  Before the new law, police accessed the database on average 238 times a month.  After the new law went into effect police only accessed the CSD 12 times a month.  The law obviously cut down on the use of the CSD because police are no longer given unfettered access.  The restriction for access is a good thing and it helps ensure people’s medical information is kept private.

Fight Your Drug Charges

If you are being charged with distribution or possession of a controlled substance in the Provo/Orem area contact a Criminal Defense Provo lawyer today.  Our lawyers can help determine if evidence was obtained illegally against you and help you fight your drug charges.  If evidence against you was obtained illegally, it may be possible to have the evidence thrown out.  Call 801.900.3371 to speak with a criminal defense lawyer today.

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For those people under the age of 21 in Utah, the law treats substance abuse particularly hard.  Alcohol consumption for those over 21 years of age is legal but for those under 21 it is not.  This should not be a surprise to anyone.  Throughout the United States alcohol consumption is illegal for those under 21 years of age.  What some people do not realize is that there are negative consequences that result in a alcohol violation by a minor besides possible fines and jail time.  Utah law allows one’s driver’s license to be suspended for up to a year for the unlawful purchase, consumption, or possession of alcohol by a minor on a first offense.  On a second violation of an alcohol offense, a minor’s driver’s license can be suspended for 2 years.  A court can reduce the amount of time a minor’s license is suspended under certain circumstances.  For those minors facing an alcohol violation, it is important to contact a criminal defense lawyer in Provo to find out how their licenses can avoid suspension.

Drug Violations in Utah and Driver’s Licenses

In addition to suspending a minor’s license for an alcohol ticket, a minor’s license will also be suspended for a marijuana possession, other drug possession such as heroine, or possession of drug paraphernalia.  It may not make sense for someone’s driver’s license to be suspended if it was not motor vehicle related but the Utah State legislature seems to believe it will help dissuade minors to not use drugs, especially marijuana.  The problem with the law is that most people do not know their license will be affected by a drug violation.

Until recently, Utah courts were required to suspend the driver’s license of minors if they violated a drug possession or paraphernalia law.  The law was recently amended in the 2015 legislative session and it went into effect in May 2015.  The new law now allows courts to treat drug possession or paraphernalia violations similar to alcohol violations.  Utah courts, including Utah juvenile courts, can reduce or eliminate the suspension of a minor’s driver’s license under certain criteria.  A minor facing a drug possession or paraphernalia charge should contact a criminal defense lawyer in Provo immediately to find out if his or her driving privileges can be saved.

A Provo Criminal Defense Attorney May Be Able to Save Your License

If you are a minor and facing an alcohol or drug violation, contact an attorney from Provo criminal defense.  A Provo criminal defense attorney can give you a free consultation over the phone and let you know if your driver’s license can be saved.  Call 801-800-8246 to speak with an attorney today.

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Utah Law Regarding Child and Adult Endangerment

A person can be convicted in Utah for endangerment of a child or vulnerable adult if a person essentially has a controlled substance or chemical substance in front of a child or vulnerable adult.  Controlled substances include most illegal drugs, such as marijuana, but also includes prescription drugs such as adderall.  A chemical substance is a substance used to make a controlled substance and it also includes the by products resulting from the manufacture of a controlled substance.  This law primarily addresses meth production.

Utah law states that if a person exposes a child or vulnerable adult to a controlled substance it is endangerment.  Exposed means the child or adult is able to access or view an unlawfully possessed controlled substance or chemical substance.  Or, it can mean that the child or adult has the reasonable capacity to access drug paraphernalia.  Finally it could mean the child or adult is able to smell an odor produced during or as result of the manufacture or production of a controlled substance.

Speak with a Provo Criminal Defense Lawyer Today

The child and vulnerable adult endangerment law is written so broadly it that it is easy for it to apply to many people with a substance abuse problem.  This makes it all the more important for someone facing these charges to hire a criminal defense lawyer.  There is an affirmative defense to the charge of endangerment of a child or vulnerable adult.  The defense rests primarily on whether the controlled substance was obtained lawfully.  Without a defense too many people would be charged with endangerment.  If you have been charged with endangerment of a child or vulnerable adult please contact a Provo criminal defense lawyer today.  Our attorneys will be able to help you understand if you have a defense.  Contact a lawyer today by calling 801-800-8246.

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There are two main branches of law in Utah, criminal law and civil law.  Criminal law is the laws governing behaviors that are prohibited by society and the punishments for violations of those laws.  Private individuals don’t bring criminal charges against violators of the law; instead, the ability to charge a person with violation of a criminal law is given to state officials such as county and city prosecutors. Besides fines, the main punishment for violation of a criminal law is jail or prison.  Civil law is the laws allowing individuals to seek redress for private wrongs committed against them.  For example, if two people make a contract with each other and one of them violates the contract, the other person can ask a court to fix the violation by awarding the non-violating party money.

Sometimes criminal and civil law overlap.  Assault can be charged as a criminal charge or a private person can sue another person for assault under civil laws.  Retail theft, more commonly referred to as shoplifting, is another law where there are both criminal and civil penalties.

Shoplifters are Civilly Liable to Stores for Theft

Shoplifting violations occur in Provo and Orem when someone takes property from a store without intending to pay for the property.  Shoplifting is usually charged as a class B misdemeanor which can result in a 180 days in jail and $1,000 fine.  The criminal penalties are better know and understood than the civil penalties.  Utah Code § 78B-3-108 makes a shoplifter civilly liable to a retail store for the crime of retail theft.  This law allows the retail store to receive damages for the theft.  Damages are the monetary losses suffered by the store as a result of the crime.  Utah Code § 78B-3-108 also makes the shoplifter responsible to pay a penalty, courts costs, and attorney fees.  The stores receives this money whereas in a criminal case the fine would be paid to the court.

Even though a person who shoplifts is liable to pay the store for the crime, he or she is not obligated to do so until the store receives a judgment against the person.  This requires the filing of a lawsuit and a judge ordering the person to pay.  However, most stores do not follow this course of action.  Instead, the store will send a demand letter requesting that the person pay so the store will not have to file a lawsuit.

Contact a Provo Orem Area Lawyer

If you have been charged with shoplifting in the Provo and Orem area, and you have received a demand letter from the retail store, call us to speak with a lawyer today.  Our lawyers will help you with both your criminal and civil cases related to the theft.  Call 801.800.8246 to speak with us today.

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The law in Utah regarding texting and driving is governed by Utah Code § 41-6a-1716.  Currently, the law restricts individuals from using a cellphone to text message, email, enter any data, and manipulate an application.  The prohibitions include using a phone to read texts, email, or internet pages.  There are exceptions to these prohibitions.  Individuals can use the phone when making or receiving a telephone call, when using it for GPS and other navigation services, during a medical emergency, when reporting a safety hazard or requesting assistance relating to a safety hazard, when reporting criminal activity or requesting assistance relating to a criminal activity, when providing roadside or medical assistance, or to operate hands-free or voice operated technology, and to operate a system that is physically or electronically integrated into the motor vehicle.

Changes to the Handheld Wireless Device Law

Because there are several exceptions to the texting law, the Utah State Legislature recently amended the law.  The amended law, which goes into effect on May 13, 2014, eliminates some of the exceptions to using a cellphone while driving and enlarges the prohibitions on using a “handheld wireless device.”  A “handheld wireless device” is defined as a handheld device used for the transfer of information without the use of electrical conductors or wires and includes a wireless telephone, text messaging device, laptop, or any else similar to those items.

The amended law removes some of the exceptions to the prohibitions.  A person can no longer use a cell phone to make or receive a telephone call while driving or to use it for global positioning or navigation services.  But, the exceptions now include using the “handheld wireless device” for voice communication and viewing GPS or navigation device or application.  Essentially, the only reasons to use a cellphone while driving are in emergencies, to activate a hands-free voice activated system, and to look at it for navigation purposes.  Using it outside of the exceptions will result in a misdemeanor criminal charge.

Find Out If Your Actions Fall Under The Exceptions.

The amended law will allow police officers to more easily pull individuals over for using their cellphones while driving.  If you were pulled over for using your cellphone while driving, please call 801.900.3717, and find out if your cellphone use falls under one of the exceptions.  Provo Criminal Defense Lawyers are available to speak to you today.

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Property rights are very important legal concepts in Utah law.  There are many different types of laws in Utah that protect one’s right to possess and use property as he or she sees fit.  One such law is found in Utah Code 76-6-206.  This section of the Utah Code prohibits the trespassing of one person upon the property of another.  The title of the code is entitled “Criminal Trespass.”  The violation of criminal trespass is probably one of the most common property crimes aside from retail theft.  It is important for those charged with criminal trespass to contact a criminal trespass lawyer from Criminal Defense Provo.

The Elements of Utah’s Criminal Trespass Statute

In order for a person to be found guilty of criminal trespass in Utah, a person must first enter or remain unlawfully upon property and either:
1.)  intend to cause annoyance or injury to any person or damage to any property;
2.)  intend to commit any crime, other than theft or a felony; or
3.)  is reckless as to whether his or her presence will cause fear for the safety of another.

A person can also be convicted of criminal trespass if the person, knowing his or her entry or presence is unlawful, enters or remains on property as to which notice against entering is given by either:
1.)  personal communication to the actor by the owner or someone with apparent authority to act for the owner;
2.)  fencing or other enclosure obviously designed to exclude intruders; or
3.)  posting of signs reasonably likely to come to the attention of intruders.

Finally, a person violates Utah’s criminal trespass statute by entering a condominium unit in violation of Utah Code Subsection 57-8-7(7).  A violation of criminal trespass is usually charged as a class A misdemeanor, class B misdemeanor, or an infraction.  Because a class A misdemeanor conviction carries a potential penalty of up to one year in jail, it is important for anyone facing charges of criminal trespass in Utah County, Wasatch County, or the surrounding areas to contact a Provo Criminal Defense Lawyer.

Criminal Trespass Defense

If you have been charged with criminal trespass or any other property crime, don’t defend the charges alone.  The criminal justice system is too complicated for a person to handle it alone.  Contact a Provo Criminal Defense Lawyer to fight the charges and protect yourself.  Our consultations can be handled quickly over the phone.  Call us to today at 801.800.8246.

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Increasingly throughout the United States marijuana possession and consumption is becoming legal.  Many states allow marijuana possession for medicinal purposes.  Other states treat it as a simple violation akin to a traffic violation.  There are even two states (as of the date of this post), Colorado and Washington, that have legalized marijuana for recreational use.  Despite the current trend of increased freedom of marijuana use, Utah law staunchly prohibits its use.  Currently, simple possession of marijuana is a class B misdemeanor, punishable by six months in jail and a $1,000 fine.  It seems unlikely that these penalties will change in the immediate future.  In addition to a fine and possible jail time, other penalties include a substance abuse evaluation, substance abuse treatment, and community service.  Criminal Defense Lawyers in Provo can help those charged with marijuana possession avoid the harshest penalties of a conviction.

Utah Law Imposes Suspensions for Possession Convictions

One penalty of a marijuana conviction that a judge or prosecutor will not tell a defendant he or she faces as a result of a conviction is the suspension of one’s driver’s license.  Utah Code 53-3-220(1)(c) states that the Utah Driver’s License Division shall immediately suspend someone’s license for six months upon receiving  a record of a conviction for marijuana possession.

Although marijuana conviction results in a suspension of one’s license for six months, Criminal Defense Lawyers in Provo can sometimes successfully keep the court from sending a record of a marijuana conviction to the Utah Driver’s License Division.  Additionally, there are ways to negotiate with a prosecutor to keep a conviction from actually being entered onto one’s criminal history.  Each person’s case is different so its important for those facing marijuana charges to hire a Provo Criminal Defense Lawyer before going to court on a drug charge.

Contact a Marijuana Drug Lawyer Today

If you are facing marijuana drug charges in Utah County, Wasatch County, or the surrounding counties in Utah, contact a Provo Criminal Defense Lawyer today.  Our lawyers will help you through the marijuana drug charge process and will do everything we can to help you keep your driver’s license.  Call 801.800.8246 to speak with a lawyer today.

The post Marijuana Possession Results in Driver’s License Suspension appeared first on Provo Criminal Defense Lawyer | Utah DUI Attorney.

Most people are familiar with shoplifting.  Shoplifting is one of the most common crimes that occurs in the Utah Valley area.  Provo-Orem criminal defense attorneys frequently receive call from individuals who have been charged with shoplifting.  Often times those calling are first time offenders who have no criminal history.  Similar to shoplifting charges, individuals in the Utah Valley area are charged with theft of services.  Provo-Orem criminal defense attorneys frequently handle theft of services charges.

Service Theft – A Different Kind of Shoplifting

Utah Code § 76-6-409 describes the crime of theft of services.  It states someone is guilty of the offense when a person “obtains services which he knows are available only for compensation by deception, threat, force, or any other means designed to avoid the due payment for them.”  An individual can also commit theft of services if “having control over the disposition of services of another, to which he knows he is not entitled, he diverts the services to his own benefit or to the benefit of another who he knows is not entitled to them.”

The types of services covered by this statute include, but are not limited to, “labor, professional service, public utility and transportation services, restaurant, hotel, motel, tourist cabin, roaming house, and like accommodations.” It also includes things like sporting events.  Essentially, a theft of services charge seeks to cover intangible services of value.  For example, when someone rides a UTA bus, trax, or frontrunner without paying, that person commits theft of services.  The public transportation ride was not a tangible item but it was a service from which the person obtained value.  Provo-Orem criminal defense attorneys can help those charged with this crime.

Protect Yourself with a Theft Lawyer

If you are charged with theft of services, contact a Provo-Orem area theft attorney from Criminal Defense Provo.  The criminal defense lawyers at Criminal Defense Provo are knowledgeable and will help you resolve your theft charges.  Lawyers are available to speak with you so call a Criminal Defense Provo lawyer for a consultation today.  A lawyer can be reached at 801.800.8246.

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