Juvenile Charges in Utah County

Almost every week we receive phone calls from parents in Utah with children facing juvenile charges in Utah County and the parents can’t believe the potential consequences. Utah County prosecutors are not going as easy on kids these days. In the past we have defended teenagers and children in all types of cases including assault, theft, alcohol issues, drugs, sexual offenses, and more. Recently it seems we have been getting more calls than ever. While some juvenile cases are no doubt justified, I would suggest at least half of the cases we see could and probably should have been resolved without the police becoming involved. More parents need to take responsibility for their own children and work with other parents to resolved conflicts.

The Juvenile Process

In some cases, we have been successful in having charges dismissed or resolved outside of the court system. For kids who find themselves getting kicked through court, they should be represented by an attorney with knowledge of the juvenile process. The court system for kids is similar to that of adults with a few notable exceptions. First, parents get to participate in the case and be present with the children through the proceedings. Second, punishments are often different and not as severe (although in some cases like marijuana charges the penalties seem typically worse than what adults receive). Third, the juvenile probation system works much differently than adult probation. There are several other key difference so if your child is charged with a crime, call and speak with a Provo Juvenile Defense Attorney at our firm right away. More information on the juvenile court process can be found here, we look forward to helping.

The post More Teens Facing Charges Instead of School Discipline appeared first on Provo Criminal Defense Lawyer | Utah DUI Attorney.

1. The person owned or had a right to possess the place searched.
2. The place searched was in fact the person’s home, whether or not the person actually owned the property or had a right to possess it.
3. The person was an overnight guest of the owner of the property searched.

Thus if you are living in the place searched, it is your home, or you are an overnight guest of the place, you most likely have a reasonable expectation of privacy and the Fourth Amendment rights against search and seizure apply. A person does not have a reasonable expectation of privacy in objects or property which are public in nature.

Examples of No Reasonable Expectation of Privacy

Court’s have held one does not have a reasonable expectation of privacy in the following:

• Sound of one’s voice.
• One’s handwriting.
• Paint on the outside of one’s vehicle.
• Account records held by a bank.
• The location of one’s vehicle on public roads or its arrival at a private residence.
• Areas outside the home and related buildings, such as a barn.
• Garbage left for collection.
• Land visible from a public place, even from a plane or helicopter.
• The smell of one’s car or luggage.

Some of these instances cited above might surprise most people such as the fact there is no privacy to bank records, although there are some exceptions to that rule. Additionally, police going through garbage is a common scenario but your garbage does not enjoy Fourth Amendment protections. Often in drug manufacturing cases, the police will have gone through a defendant’s garbage and discovered evidence which later cannot be suppressed.

Provo Utah Criminal Defense Attorney

If you believe your rights of privacy and Fourth Amendment rights have been violated in a police search or seizure, we would like to help and hold the state accountable. A Provo Utah Criminal Defense Attorney is standing by to take your call, answer your email, and help you right away.

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Last year, 3 of the 10 charges against Mr. Turley were dismissed by the judge in the case because the statute of limitations on the three particular counts run prior to the state filing any charges. Just this week, the case finally reached the preliminary hearing stage and multiple witnesses were called to give testimony against Mr. Turley. The initial witnesses provided by the prosecution told stories of losing assets and being financially ruined as a result of Mr. Turley’s alleged misconduct. Following the preliminary hearing this week, the judge must decide whether there is sufficient evidence to bind the case over for trial on each of the remaining charges. Most legal experts agree the case will be bound over and Mr. Turley will be facing a hard trial as it doesn’t seem the prosecution is willing to provide Mr. Turley with much of a plea agreement at this stage of the case.

Provo Utah Fraud Defense Lawyer

Fraud charges are unfortunately common in Utah and our law firm  has dealt with many cases similar to Mr. Turley’s case. We have seen many different types of facts arise in fraud cases including instances where charges are not justified but rather are the product of disgruntled business partners or other third parties. Whatever the case may be, we strongly believe in providing zealous representation in our client’s defense. If you have been charged with fraud, theft, or any other related white collar crime, call or meet with a Provo Utah Fraud Defense Lawyer in our office today.

The post Steve Turley Fraud Case – Preliminary Hearing Begins appeared first on Provo Criminal Defense Lawyer | Utah DUI Attorney.

Fourth District Court – Provo
75 East 80 North, Suite 202
American Fork, UT 84003-0986
(801) 756-9654

Fourth District Court – American Fork
125 North 100 West
Provo, UT 84601
(801) 429-1000

Fourth District Court – Spanish Fork
775 West Center
Spanish Fork, UT 84660
(801) 804-4800

If you have been charged with a crime and your case is being prosecuted in any of the district courts, it most likely means you are facing more serious charges either a felony or class A misdemeanor. Everyone facing criminal charges in these courts should have a lawyer with them each step of the way.

Understanding the Utah County Courts

Our law firm is located in Provo, Utah and we make up a team of Provo Criminal Defense Attorneys who understand the local Utah County Courts, the judges, prosecutors, and will help you navigate through a potentially difficult process. An understanding of the local rules and customs of the court can be key in your defense. We have this experience and have helped numerous individuals in defense of their legal rights. If you would like a free consultation right over the phone, call us anytime day or night at 801-800-8246. We look forward to helping.

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Background of Allegations

The prosecution alleges Dr. MacNeill was living a double life. On the surface he appeared to be an accomplished physician and lawyer but behind closed doors he was engaged in multiple affairs and fought regularly with his wife the former beauty queen. Dr. MacNeill allegedly convinced his wife to undergo a face lift. Soon after the procedure, Mrs. MacNeill was founds dead in her bathtub with several medications including oxycodone in her system. Initially, the autopsy concluded the cause of death was cardiac in nature but was later amended to include drug toxicity and was categorized as undetermined. Daughter’s of Dr. MacNeill apparently believe he killed their mother and pushed the issue with prosecutors.

Trial Procedure

Currently the trial is in full swing with experts and several witnesses testifying for the prosecution. Dr. MacNeill’s daughters testified and were cross examined by the defense. Additionally, Dr. MacNeill’s mistress testified on behalf of the prosecution. Recently, the judge ruled former inmates with D.r MacNeill may testify as to statements the Dr. may or may not have made while he was previously incarcerated. Several other motions have laid the out the rules for what testimony is admissible etc.

Updates

Check back for updates as we will continue to post as new developments in the case come up. It will be interesting to see how the defense responds to the testimony of the former inmates and whether or not a jury will find their testimony credible. It will also be interesting to see what witnesses are called on behalf of the defendant and what tricks, if any, the defense has up their sleeve.

The post The Dr. Martin MacNeill Murder Trial appeared first on Provo Criminal Defense Lawyer | Utah DUI Attorney.

• A first offense is charged as a class B misdemeanor unless it involves (1) bodily injury; (2) a 16 year old or younger passenger; or (3) passenger of 18 and driver is over 21. If there is serious bodily injury or death, it may be charged as a felony.
• A second offense within 10 years is also charged as a class B misdemeanor unless any of the exceptions stated above apply.
• A third offense is charged as a third degree felony but can be enhanced if (1) the DUI results in serious bodily injury or (2) a prior conviction for automobile homicide.

Possible Jail Time Under Sentencing Matrix

Of course a big concern for anyone charged with a DUI in Utah is whether or not they will have to serve any jail time and if so, how many days. The DUI Sentencing Matrix calls for the following:

• A first offense carries at least 48 hours of jail or the applicable amount of time in community service hours or electronic home confinement.
• A second offense carries at least 10 days in jail or the applicable amount of time in community service hours or electronic home confinement.
• A third offense carries at least 62.5 days in jail but the court may order electronic home confinement.

Additional Considerations

Besides the penalties described above, there are additional considerations that may have an impact on where you fall under the DUI sentencing guidelines in Utah. For instance, if you have a high BAC, .16 or higher, you may be required to have an ignition interlock installed and will have supervised probation. There is a lot on the line when it comes to being charged with a DUI in Provo so help from a Provo DUI Defense Attorney can be incredibly valuable. We can provide a copy of the DUI Sentencing Matrix in Utah, for this, more information, or to speak with a qualified DUI Defense Lawyer in our office today, call now.

The post Utah DUI Sentencing Matrix appeared first on Provo Criminal Defense Lawyer | Utah DUI Attorney.

The Orem incident involved a young man who ran over a young girl sitting on the side walk on Sunday afternoon. The girl was killed in the accident. The man is accused of DUI related charges and could be facing homicide charges. Breath test administered the driver were inconclusive but a blood sample was taken and sent to the labs to determine a more accurate BAC level.

Both of the incidents described above are extremely sad and could have been avoided. Our hearts go out to the family and friends of the victims. While we represent and defend individuals accused of all types of crimes, including aggravated DUIs, we do our best to also educate the public and get the word out on how important it is not to get behind the wheel when you have been drinking. At the same time, everyone is entitled to an attorney and we believe in this constitutionally protected right for all people, no matter what the circumstance.

Utah County DUI Defense Lawyer

If you have been charged with a DUI or related charge, you should speak with a Utah County DUI Defense Lawyer at our Provo Law Firm as soon as possible. We know you may have serious questions and concerns and want help. Our team of drunk driving attorneys in Provo are available by phone or email anytime of the day or week. We look forward to your call.

The post Aggravated DUIs in Utah County this Week appeared first on Provo Criminal Defense Lawyer | Utah DUI Attorney.

Theft of Utility Services

Another common situation which may land a person a theft of services charge in Utah is stealing utilities. If you are stealing a cable or satellite connection, or even tapping into extended channels, you might be charged with theft of services. Since everything has moved into a more digital and technical service, stealing cable or phone services have become a bit more difficult. However, many people are still charged with this crime on a regular basis. What many people do not realize is that just because you may be paying for basic cable, does not mean you can tap into other channels or services provided by your cable company at no cost. Take our word for it, the HBO or HD package you might have figured out how to hack and are not paying for, is not worth the potential charge you may be facing as a result.

Theft Attorney in Provo

We represent numerous individuals every year for theft crimes. We understand the stress you may be facing if you have been charged with one of these crimes. A Theft Attorney in Provo can help you get the peace of mind and defense you need to move on with your life. If you are charged and convicted, you may have to pay restitution as a part of your sentence. We can help ensure your rights regarding restitution are protected and you do not end up owing more than what was actually taken.

The post Theft of Services in Utah | Criminal Defense Attorney appeared first on Provo Criminal Defense Lawyer | Utah DUI Attorney.

• participate in any form of gambling including internet gambling.
• permit anyone else to gamble on their property.
• allow video gambling in their business or in a public place.

So the question becomes, what does Utah law define as “gambling?” Under Utah Code 76-10-1101, “gambling” is defined as, “risking anything of value for a return or risking anything of value upon the outcome of a contest, game, gaming scheme, or gaming device when the return or outcome: (1) is based upon an element of chance; and (2) is in accord with an agreement or understanding that someone will receive something of value in the event of a certain outcome. This is a rather generalized definition but the statute goes on to clarify that any lottery is also considered gambling while any business transactions or device not intended to risk value is not considered gambling under the law.

Penalties for Gambling

A first or second conviction for gambling is a Class B Misdemeanor under the statute. If you are facing your third or higher charge, you could be facing a Class A Misdemeanor. Additionally, individuals who provide internet gambling services to anyone in the state of Utah may be charged with a Class A Misdemeanor. Of course, while some states such as Nevada are moving towards legal internet gambling, most providers are located overseas and are therefore difficult to prosecute. Penalties for Gambling can be severe so make sure to contact a lawyer as soon as possible if you are charged.

Possessing Gambling Devices

One area people should be extra cautious about when it comes to gambling in Utah, is possessing a gambling device such as a slot machine or even a black jack table may be illegal under certain circumstances. The key to this section of the law is that such a device must be possessed with the intent to use for illegal gambling.

Consultation if Charged

If you or someone you know has been charged with gambling or a related offense in Provo, Orem, or anywhere else in Utah County or throughout the state, we can help. Call and speak to a Provo Criminal Defense Attorney at our office today. We can be reached anytime day or night at 801.800.8246.

The post Gambling Laws in Utah appeared first on Provo Criminal Defense Lawyer | Utah DUI Attorney.

County Security Center
3075 North Main
Spanish Fork,   UT 84660
801-851-4200
801-851-4219 (fax)

Understand how the jail operates can be key to getting visitation and help to your loved one who may be incarcerated there. We assistant client’ family member in understanding the jail processes. As an attorney we have more flexibility in visiting our clients who are incarcerated. If someone you know is incarcerated in the Utah County Jail, here is some helpful information to keep in mind:

• If you want to schedule a visit with an inmate you should call 801-851-4301.
• Inmates are typically allowed two 30 minute visits per week.
• The standard release time of the jail is typically 3:15 p.m.
• The jail accepts credit cards for bail.
• Inmates may received and send mail
• Inmates may have reasonable telephone access.
• Inmates have access to a commissary.
• Inmates convicted on misdemeanor charges will be charged pay to stay fees.
• Inmates have regulated access to religious services and clergy.

Provo Criminal Defense Attorney

If you would like to speak with a Provo Criminal Defense Attorney and have questions about the Utah County Jail or an individual’s particular charges, we can help. We offer free consultations to families in need of help throughout the valley. We understand that you may not understand the criminal justice system and may be stressed and afraid to say the least. Having an experienced attorney on board to help your loved one can make all the difference in the world. Contact us today; we look forward to representing you or your loved one

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