Provo Police Need Search Warrants in Most Circumstances

May 1st, 2011 by | Comments Off on Provo Police Need Search Warrants in Most Circumstances

Search Warrants | Provo Criminal Defense Lawyer

Warrants Are Needed in Most Searches

In most instances, Provo police are required to obtain a valid search warrant before they search the property of a criminal suspect.  A warrant is a judicial authorization for police action to search a particular place.  Requiring authorization of a judge prior to a proposed search affords protection against unilateral action of over zealous police officers.  This is why the US Supreme Court has traditionally articulated a preference for warrants though they do provide for exceptions when a warrant is not necessary.  If a case doesn’t fall within an exception, Provo police are required to obtain a search warrant before conducting a search.

The basic purpose of the warrant process is to place a disinterested judge between the police and the person the police seek to search.  “The point of the fourth amendment, which often is not grasped by zealous officers, is not that it denies law enforcement the support of  the usual inferences which reasonable men draw from evidence.  Its protection consists in requiring that those inferences be drawn by a neutral and detached magistrate instead of being judged by the officer engaged int eh often competitive enterprise of ferreting out crime.” Johnson v. U.S.

Warrants and Consenting to Searches in Provo

A warrant must meet certain requirements.  They are 1). it must be issued by a neutral and detached judge; 2). police must present to the judge an adequate showing of probable cause supported by oath or affirmation; 3). the warrant must describe with particularity the place to be seized.

Though warrants are needed in most situations, Provo police officers are usually able to bypass a warrant by gaining consent from a person to search his or her property.  Many people are convicted of crimes, such as felony drug possession, because they gave officers permission to search.  Never give permission to police officers to search your property.  Make them receive a search warrant in order to search your property.  You don’t have to allow them to search if they ask you.  Contact a Provo Criminal Defense Lawyer if they want to search your property.

Provo Criminal Defense Lawyer Protects You From Unlawful Searches

If the police want to search your property without a warrant, or you have been charged with a crime because of evidence obtained from a warrantless search, call a Provo Criminal Defense Lawyer today.  A Provo Criminal Defense Lawyer will make sure your rights are protected by finding out if the police followed your constitutional protections.  Call 801.800.8246 for your free consultation with an experienced criminal defense lawyer.

Utah County Man Pleads Guilty to Having Sex with Minors

April 20th, 2011 by | Comments Off on Utah County Man Pleads Guilty to Having Sex with Minors

Sex Crimes | Provo Criminal Defense Lawyer

Man Pleads Guilty to Sex Crimes

A man from Utah County pleaded guilty this week to felony charges for having sex with multiple minors.  The man pleaded guilty to attempted rape of a child, a first degree felony.  He also pleaded guilty to two counts of a third-degree felony for unlawful sexual activity with a minor.  The man can spend anywhere from three years in prison to life in prison.  Sex crime are very serious and have long term effects on the perpetrator as well as the victim.  Because of the seriousness of sex crime convictions, it is important for suspects to have their rights protected by a Provo criminal defense lawyer.

Why Plead Guilty to Criminal Charges?

Many people may wonder why this Utah County man would plead guilty to such serious sex crimes.  The reality is that most criminal suspects end up pleading guilty to criminal offenses.  But, by pleading guilty, they usually plead to a lesser crime instead of the crime with which they are originally charged.  This is what the man did.  He was originally charged with rape of a child.  If convicted of that charge, he would have spent 25 years to life in prison.  By pleading to lesser crimes, the man avoided this harsh charge as well as other minor charges the prosecutor dropped in exchange for the plea.

The reasons people decide to plead guilty to crimes vary.  Many people don’t feel they can win a case if it goes to trial so they feel it may be best to plead guilty to a lesser crime so they won’t be convicted of a harsher crime.  A Provo criminal defense lawyer helps criminal suspects decide if they should take a plea bargain or pursue the charges to trial.

Utah County Criminal Defense Lawyer

Pleading guilty to a criminal charge has long-term lasting effects so it is best to carefully evaluate if that is best you.  If you have been convicted of a crime, call 801.800.8246 to speak with a Provo criminal defense lawyer.  Our lawyers will work with the prosecutor to ensure you get the best deal possible.  When pleading to a crime is not right for you, we will fight hard for your not-guilty verdict in court.

Man Sentenced in Ponzi Scheme | Provo Fraud Defense Attorney

April 18th, 2011 by | Comments Off on Man Sentenced in Ponzi Scheme | Provo Fraud Defense Attorney

Man Sentenced in Utah’s Largest Fraud Case

A Utah business man accused of participating in the largest case of fraud ever in the state of Utah was found guilty of 9 criminal charges stemming from a ponzi scheme involving phony real estate transactions throughout the state of Utah. The man took $180 million dollars from investors and was paying former investors with the new money coming in not actually making investments at all. The judge sentenced the man to 1 to 15 years in jail and other time for the felony charges. The judge suspended most the of the jail time. Ultimately, the man will receive 1 year in jail and 10 years of probation.

Ponzi Schemes in Utah

Yes, it is true what you have heard. Utah is one of  the leading fraud states in the nation. Every year, many Utahans are charged with crimes such as securities fraud, check fraud, insurance fraud, theft of services, and even ponzi schemes. Many of us know a friend or neighbor who was charged by the state of Utah for questionable financial and investment practices.

We understand that some people can get mixed up in fraudulent transactions without even realizing what they are doing, and without even knowing that what they are doing is criminal. Often, people rely on bad advice from their friends or in some case even attorneys, when engaging in certain businesses. If this sounds like you, or if you have been charged with any type of fraud crime in Utah, we want to help. We want to defend you and ensure you are not taken advantage of in a system that is already significantly stacked against you.

Utah County Criminal Defense Lawyers

At our law firm, we have a team of Utah County criminal defense lawyers who represent individuals in all types of fraud cases. From ponzi schemes to check or insurance fraud, we know the system and know what it takes to properly defend you in these types of cases. Fraud cases include unique financial issues and intricacies that can often mean the difference between a guilty and not guilty verdict.

For more information, call us today or send us an email. There is no charge for the initial consultation and you can speak with a Provo criminal defense lawyer anytime.

DUI Suspects Need A Criminal Defense Attorney

April 13th, 2011 by | Comments Off on DUI Suspects Need A Criminal Defense Attorney

DUI | Utah County | Provo Criminal Defense Lawyer

Utah County DUI Suspects Should Hire an Attorney

Alcohol and other types of mind altering substances can affect the way individuals think and act.  Often, someone who is drunk will do things he would never ordinarily do if he were sober.  People have different reasons for drinking but it affects them in much the same way especially while driving.  Driving under the influence is never a good idea in Utah County.  A person cannot react to environmental conditions as well if driving under the influence.  Also, if convicted of a DUI, an individual faces jail time, fines, and revocation of driving privileges.  This is why it is important to hire a Provo criminal defense attorney to protect you from harsh penalties.

When can a person actually hire a Provo criminal defense lawyer to protect him?  A person can hire a Provo criminal defense attorney at any time to represent him for any criminal matter including a DUI.  A Provo criminal defense lawyer representing someone has confidentiality protections.  A criminal suspect can and should tell his lawyer about the criminal incident in question.  A Provo criminal defense lawyer cannot reveal anything a client tells him or her.  An attorney is the only person to whom a criminal suspect should talk.

Don’t Talk to Anyone But a Lawyer

People often talk too much to police officers, however, when they are pulled over for a DUI in Utah County.  Because of their inebriated estate, they often admit things they would not normally tell an officer or do things in front of the officer they would not ordinarily do.  Unfortunately, these acts and admissions can be used against a DUI suspect later in a court proceeding.

Persons pulled over for a DUI should not give details of what they have been doing to police.  People have the right to remain silent and not to tell police any details that police are interested in.  DUI suspects also have the right to be represented by a Provo criminal defense attorney.  DUI suspects should never talk with police without a lawyer present.

Provo Criminal Defense Lawyers Defend DUIs

If you have been arrested in Utah County for a DUI or for any other criminal matter, call a Provo Criminal Defense lawyer.  A Provo Criminal Defense lawyer will protect you from saying anything that will be damaging to you in a court proceeding and will ensure all of your criminal rights are protected.  Call 801.800.8246 to speak with a lawyer today.

 

Fighting Protective Orders in Utah County | Defense Lawyer

April 10th, 2011 by | Comments Off on Fighting Protective Orders in Utah County | Defense Lawyer

Provo Protective Order Defense Attorney

Many protective orders are filed every day in Utah County and not all of them are justified. In fact, it seems more and more are being filed in situations where one party is trying to obtain an unfair advantage in a divorce, child custody dispute, or other family law proceeding. If you have been served with a protective order, you must act fast to ensure your rights are protected. It is very important for the judge to understand your side of the story. At our law firm, you can speak with a Provo protective order defense attorney anytime to discuss your case and formulate a game plan to reach your best resolution in court.

After being served with an ex parte protective order, you must respond within a given time period. We can help you put forward your best case and file all the motions and supporting evidence necessary to increase your chances of success at the initial hearing.

Consequences of a Protective Order

Having a protective order filed against you can have serious and lasting consequences. For instance, a protective can restrain you from not only having contact with the petitioner of the order, but restrain you from contacting your minor children if applicable. A protective order can also prevent you from being eligible for certain state licenses such as a concealed weapons permit. It is very important that you obtain a good defense team to help ensure you never have realized these potential outcomes.

Call us today

We have had great success in defending individuals accused of conduct justifying a protective order. We offer free consultations, fixed fees, and accept credit cards for our client’s convenience. There is not need to go into a hearing alone with no idea how the process works. Call us today to get started on your case. You can also send us an email at your convenience. We look forward to representing you.

Sex Crime Suspect Released in Provo

April 9th, 2011 by | Comments Off on Sex Crime Suspect Released in Provo

Sex Crimes | Provo Criminal Defense Lawyer

Sex Crime Suspect Released From Utah Hospital

The criminal justice system is not perfect but it is designed to punish those who break the law while protecting innocent individuals from baseless convictions.  People in Provo are upset at the criminal justice system, however, because they feel it has failed to punish someone that has broken the law.  They believe a man accused of raping and sodomizing two girls should not have been released yesterday.  They fear the man is a threat to society because he will commit rape and sodomy once again.

Lonnie Johnson was release from the Utah State Hospital yesterday because doctors have deemed him not a threat to society.  He was being held in the hospital on various felony sexual crimes, but was evaluated and held not to be competent to stand trial.  Since he is not competent and he has not been convicted, a judge reluctantly agreed with Mr. Johnson’s criminal defense lawyer and concluded that he must be released because of Utah law.  The judge’s decision caused national outrage and a few individuals protested his release outside of the 4th district court house in Provo.

Criminal Suspects in Utah Still Have Rights

Releasing Mr. Johnson does not mean his sex crimes have been dropped. It only means that he can no longer be held in the Utah State Mental Hospital.  His alleged victims may still get their day in court because the sex crime charges still stand.  Though rape and sodomy are serious charges, the man has only been accused of them and not convicted.  The criminal justice system requires that he be convicted to be permanently incarcerated.

Rape and sodomy suspects such as Mr. Johnson are stigmatized for life because the of those terrible charges.  Even if they are innocent such charges can destroy one’s life.  Because of the damning effect of sex crime charges, it is important for the justice system to work properly and insure every suspect’s rights are upheld.  This is why a criminal defense lawyer works so hard to protect a suspect’s rights even if allowing a person such rights is unpopular or seems unfair.

Criminal Defense Attorneys Protect Sex Crime Suspects

Because of the seriousness of sex crime charges such as rape and sodomy, it is important to call a criminal defense attorney from Criminal Defense Provo law firm.  A Criminal Defense Provo lawyer will protect you if you have any type of sex crime charge levied against you.  Call 801.800.8246 to speak with a lawyer to make sure your rights are protected.


Disclosure of Evidence in Provo Criminal Trials

March 30th, 2011 by | Comments Off on Disclosure of Evidence in Provo Criminal Trials

Criminal Evidence Discovery in Utah

In the past, lawyers practiced “trial by ambush.”  Each side had to guess what the other side would present, and hope they could deal with surprises.  Civil discovery has changed this practice to allow opposing sides to know what evidence will be brought against them.  Discovery in Criminal Law has not moved so far.  Trial by ambush is not the rule anymore, but criminal discovery in Utah does not emulate the open file approach common in civil litigation.  Criminal defense attorneys fight for the evidence they need to protect your rights.

The U.S. Supreme Court has held that the due process clause in the US Constitution requires the state to disclose to a defendant evidence that is material and favorable to the accused such as a blood alcohol test in a DUI case.  The court has defined the term material restrictively to require disclosure only if there is a reasonable probability that the verdict would have been different had a criminal defense lawyer received the evidence.

Not All Evidence in Utah Criminal Trials Must Be Disclosed

The result is that the nature of the prosecutor’s constitutional duty to disclose has shifted from an evidentiary test of materiality that can be applied rather easily to any item of evidence, to a result-affecting test that obligates a prosecutor or an appellate court to make a counterfactual, retrospective prediction.

The Supreme Court does not require the prosecution to disclose all exculpatory and impeachment materials; it need only disclose material that, if suppressed would deprive the defendant of a fair trial such as a seizure of drugs revealed the items were not drugs at all.  The rule only applies to material information so nonmaterial information may remain undisclosed.The prosecutor’s  duty is a continuing one; whenever he or she uncovers material evidence about the defendant’s case, it must be disclosed.  The disclosure is automatically required and does not depend on whether the defendant had made a generalized or specific request for exculpatory material.

Provo Criminal Defense Lawyers Fight For Evidence

Criminal proceedings are stressful and complex.  Call an attorney from Criminal Defense Provo so you can rest easy about your criminal charges.  A lawyer from Criminal Defense Provo knows your rights and will protect them from a prosecutor’s abuse.  Call a lawyer toady at 801.800.8246.

Utah Crimes Restricting Bail | Provo Criminal Defense

March 23rd, 2011 by | Comments Off on Utah Crimes Restricting Bail | Provo Criminal Defense

Bail for All Crimes not a Constitutional Right

The eighth amendment of the U.S. Constitution states that “excessive bail shall not be required.”  Some individuals believe that this means that all defendants must be constitutionally entitled to some level of bail.  After all, if a Utah court did not offer bail to a defendant then it could not be excessive and the provision would become meaningless.  A Provo criminal defense lawyer help to ensure bail procedures are correctly followed.

The U.S. Supreme Court has never held that bail is constitutionally guaranteed, and intimated that it in fact is not.  Most of the reasons for this are historical.  Defendants charged with offenses that carried the death penalty were never afforded the opportunity for bail.  The Court has thus reasoned that because of this historical precedent, there are some exceptions to the otherwise plain meaning of the eighth amendment.

Bail in Utah not Applicable in all Criminal Cases

In Utah, all offenses are bailable except in certain situations involving a felony and substantial evidence to support the charge.  Non-bailable situations include the following: 1.) capital felonies, 2.) felony committed while on probation, parole, or while already on bail awaiting trial on a felony charge, 3.) a felony charge and the court finds by clear and convincing evidence the person would be a substantial danger or is likely to flee jurisdiction of the court, 4.)  felony where the court finds by clear and convincing evidence the person violated a material condition of release while previously on bail.

The capital exception was established when most felonies were subject to capital punishment.  A Utah defendant facing death , particularly if the evidence is strong, might skip out of town if let out on bail and never return for trial.  Some states have precluded bail for non-capital offenses and some statutes have been held unconstitutional.

Utah Criminal Defense Attorneys Protect Felony Bail Rights

If you or a loved one is arrested for committing a crime, call a criminal defense lawyer from Provo Criminal Defense.  An attorney from Provo Criminal Defense will fight for your bail rights and help you get released from jail while awaiting trial.  Call 801.800.8246 to speak with a lawyer today.

 

Provo Criminal Defense Lawyers at Utah Bail Hearings

March 18th, 2011 by | Comments Off on Provo Criminal Defense Lawyers at Utah Bail Hearings

Initial Bail Hearings in Provo

Since the most important immediate concern of arrested defendants is getting release from jail, initial bail determinations are often made in informal settings, without counsel, and often without any set procedures in Provo.  This should not be too surprising because defendants are usually not anxious to delay the moment of the first determination of bail, hoping that the decision will allow them to go home.

Sometimes in Utah, for minor offenses such as traffic violations, police officers may be able to set the bail (or release a suspect on a summons or citation) in the police station.  Initial bail decisions are sometimes made on the basis of what may be scant evidence–usually hearsay evidence of some sort.  Again, however, waiting for evidence which would be admissible by law, and for the defendant to obtain evidence supporting the desire for low or no bail might result in a delay of the defendant’s release.

Lawyers may Represent Defendants at Bail Hearings

There appears to be no definitive answer relating to whether the defendant or the prosecutor has the burden on the question regarding the risk of the defendant failing to appear for court, or what the standard of proof is.  The prosecutor must rely on whatever information is available at the time to carry the burden.

While Utah does not preclude a lawyer from representing a defendant at the first determination of bail, requiring an appointed counsel be present at that first determination would be too difficult.  The US Supreme Court has said that a bail hearing is not a critical stage in the criminal proceeding, so it is not necessary for a defendant to have an attorney present or be assigned one.  Of course, whether at the initial bail hearing or at any later proceeding, the defendant’s counsel will be allowed to participate in that proceeding.

Provo Criminal Defense Lawyers Represent at Bail Hearings

If you or a loved one has been arrested and is set to appear at a bail hearing, call the Provo criminal defense attorneys from Criminal Defense Provo.  It is never a good idea to appear before a judge or to talk with Utah police without a lawyer.  Criminal Defense Provo attorneys will ensure you are protected at a bail hearing and will help you get out of jail.  Call them at 801.800.8246 for all your criminal defense needs.

Woman Arrested for Suspected Arson in Provo

March 17th, 2011 by | Comments Off on Woman Arrested for Suspected Arson in Provo

Woman Accused of Burning Down Apartment in Provo

A 45 year old woman has been accused of aggravated arson and manslaughter, both serious felonies. She is accused of burning down an apartment complex in Provo, Utah, where she lived. Two people died in the blaze. Police, who interviewed the woman, shortly after she was taken into custody, reported that when asked if she did it on purpose, she remarked that she didn’t know. The woman has a criminal history including shoplifting and assault.

Provo Arson Defense Attorney

The charges this woman is facing are serious felony charges that carry substantial penalties. At our law firm, we represent individuals accused of all types of charges including arson. If you or someone you know has been charged with arson, manslaughter, or another felony, do not delay. Call us to get started on your defense today. Speak with a Utah County criminal defense attorney anytime at 1-801-900-3717.