Provo Criminal Defense Blog

Camp Counselors Charged with Lewdness | Provo Defense Attorney

November 13th, 2011 by Chris Salcido | Comments Off

Two teen boys who worked as camp counselors at a camp in big cottonwood canyon for children with diabetes were charged with multiple lewdness charges. According to court documents, the boys exposed themselves to multiple children at the camp and acted inappropriately in a number of other ways. Now the two boys are facing serious lewdness charges and may likely be sued civilly. The camp is a diabetes camp for kids and operates each summer. The two boys who were charged actually attended the camp themselves in former years. Needless to say, parents of the children who attended the camp are furious with the camp and the lack of oversight by the administration.

Provo Lewdness Defense Attorney

We are your Provo lewdness defense attorney. Lewdness charges are somewhat common in Utah County. Lewdness is typically charged as a class B misdemeanor and carries several potential penalties. The most significant penalty is the potential jail time involved. When charged with a class B misdemeanor, you are facing by statute the potential for as much as 180 days in jail. This rarely happens for first time offenders but some jail time and other penalties are a real possibility. As such, you should always consult with an experienced Provo criminal defense attorney before you make any decision to go to court on your own. Lewdness charges can be embarrassing and may result in sex offender type treatment under the law. We understand people make mistakes and some people are simply innocent of any wrong doing. Whether you are guilty of something or not, you are entitled to legal representation. We can help.

The Provo Criminal Defense Firm

Don’t go through this alone. Call us now at 801-900-3717. Whether you are facing a charge in Orem or Provo, American Fork or Lehi, or Spanish Fork and Payson, we can help. We represent people all over Utah County. We understand how the courts work in Utah Valley and can help you with lewdness charges or any other type of criminal case, felony or misdemeanor.

Keeping Silent During Drug Crimes in Provo and Orem

November 9th, 2011 by Chris Salcido | Comments Off

Provo and Orem Police Want to Bust You For Drugs

If you live in Utah Valley, you have probably had many different experiences with Provo, Orem, and other city police. Having law enforcement in Utah Valley is a necessity to ensure society is safe and orderly. Sometimes Provo, Orem, and other city police use their power in ways that violates a person’s individual privacy rights. In the name of protecting the community, Provo and Orem police will use trickery and deception to catch people breaking the law. On a popular TV show, an episode had the police pull over a vehicle for speeding. The police were not concerned with a dead body in the back seat of the car that was covered in blood but made a forceful arrest on a person in the car for marijuana possession. The show was attempting to make fun of police obsession with drug crimes but its exaggeration was understood: police officers focus heavily on busting people for drugs.

Provo and Orem Police Will Get You to Talk

Because Utah Valley police officers fight drug crimes a lot, they know the tactics and practices that will result in a drug arrest. One of the most common ways Provo and Orem police catch drug violators is by having the violator admit to having a controlled substance such as marijuana or prescription drugs. People often admit to having drugs and then allow an officer to search their vehicle or home. A person should never admit to anything but should stay silent during any police investigation. If someone is going to talk to police, he or she shouldn’t do it without a Provo criminal defense lawyer.

A person has a right to remain silent. This means that people do not have to tell police officers anything besides who they are. Police officers will often ask personal question like “Where are you going” or “What are you doing”. A person is not obligated to answer these questions. A person without a Provo criminal defense lawyer should never answer questions from a police officer. The officer may say things like “if you cooperate we’ll go easy on you” or “I will take you to jail if you don’t cooperate”. Don’t believe what officers say. Most of the time they are saying things to get people to admit to drug crimes. Never admit to anything. Make the officer do the work if he really believes you have marijuana or other drugs and then call a Provo criminal defense lawyer.

We Will Talk to Provo and Orem Police For You

If you have been charged with marijuana possession or another drug crime, don’t speak with anyone until you have spoken with a Provo criminal defense lawyer. One of our attorneys will protect your criminal rights and make sure you don’t say anything that will later hurt you in court. Consultations are free, so call 801.413.1753 to speak with a Provo criminal defense lawyer today.

Landlord Accused of Sexually Assaulting Tenant

October 25th, 2011 by Jerry Salcido | Comments Off

Payson Man Charged with Forcible Sexual Abuse

Over the weekend the police were called out to the house of a 21-year-old Payson woman’s home on accusations of sexual abuse. When they arrived they found the woman sobbing with her pants partially unzipped. The woman told police that she had called the landlord about some repairs to the home where she and her mother lived, and when the landlord arrived at the home he was extremely drunk. He refused to make the repairs and the woman and her mother both asked the man to leave multiple times. The landlord, Kurt Harmer, then reportedly began to grope the woman and explain sexual acts he would perform with her. Police later decided to arrest Harmer and he has been charged with forcible sexual abuse, sexual battery, and intoxication.

Utah Sex Crimes

In the situation described above, Harmer is charged with two separate sexual crimes. It may seem odd that one situation like the one described could produce two distinct charges, Utah law, however, allows for just that. The charges listed above are very similar in their statutory construction and the elements required for conviction are nearly identical. If a person takes indecent liberties with another person, by touching them inappropriately or whatever it may be but the crime does not amount to a greater offense like rape then it is forcible sexual abuse and/or sexual battery. Really the only thing that distinguishes these charges is where they are found in the code, and their purpose. Forcible sexual abuse is found under offenses against the person meaning it is punishing a person for the harm to the individual they touched, and sexual batter is found under offenses against public order and decency, meaning it is punishing a person for the harm caused those that saw the act. The second offenese also requires that the touching took place in the presence of another.

Utah County Sex Crimes Lawyer

If you have been charged with a sex crime then you need an attorney right away. The lawyers at Provo Criminal Defense can help you protect yourself and get the best outcome available. Call or email us today to set up a free consultation.

Provo Protective Order Defense Lawyer | Violating a Protective Order

October 16th, 2011 by Chris Salcido | Comments Off

A Provo protective order defense lawyer at our law firm can represent you if you have been served with a restraining order in Utah County. We have helped many individuals from Lehi to Payson who have been accused of harming or threatening to harm another. We understand that not every protective order filed is actually warranted. In fact, we have seen many protective orders filed in bad faith. This especially occurs when parties are involved in a pending divorce and one person files a protective order as a means of trying to get a custody or other advantage in the divorce. The truth is that while some protective orders are justified, many others are sought for illegal reasons. If you have been served with a protective order in Utah, you should consult with an attorney in our office as soon as possible. If a protective order is made permanent against you, the penalties can be significant.

Violating a Protective Order

Did you know if a protective order is made permanent against you, you could lose certain state licenses such as your concealed weapons permit or your hunting privileges. You also may not be able to own or purchase weapons. The effects of a protective order are substantial. What is even worse, if a protective order is entered against you and you violated that protective order, you could be charged with class A misdemeanor. For those who are charged with violating a protective order, you have options. It is extremely important to consult with a lawyer before going into court on this type of a charge. Prosecutors take restraining order violations very seriously.

Utah County Law Firm 801-900-3717

When searching for a criminal defense lawyer in Provo to defend you in your protective order or violation case, make sure you get Utah County law firm familiar with the courts here in the Utah Valley area. For a free consultation, you can call our office day or night at 801.800.8246. We look forward to helping you through this process.

Mortgage Scam Ends with Prison

October 3rd, 2011 by Jerry Salcido | Comments Off

Cedar Hills Man Sentenced for Fraud

James Roberts, of Cedar Hills Utah, started a company in 2005 as a get rich quick scheme. Roberts and two others ran a scheme to identify residential properties, recruit straw buyers, and, through false statements on loan applications, falsely inflate the apparent value of the properties to induce lenders to grant loans in excess of the fair market value of the property. After buying the properties, Roberts failed to make the payments, and one by one they went into foreclosure, resulting in losses to the lenders. Roberts plead guilty to mail fraud and money laundering, and was sentenced last weekend to 37 months in prison.

Utah White Collar Crimes

In Utah there are a number of crimes that are considered White Collar crimes. White collar crimes are distinguished as crimes committed by a person of respectability or of a high social status. These types of crimes are often committed in the course of the persons occupation. White collar crimes almost always involve the motive of “getting rich quick” and include crimes such as bribery, embezzlement, larceny, and a number of different types of fraud charges. These are non-violent crimes that are nonetheless prosecuted heavily and involve serious penalties.

Utah County Criminal Defense Attorney

Unfortunately the entrepreneurial spirit that America tries to cultivate can sometimes turn into criminal activity. If you find yourself on the illegal side of sound business practices then call Provo Criminal Defense for help protecting your rights. Our attorneys are skilled professionals that can help you understand the legal process and the options you have within it. Call or email us today, we offer free consultations and can answer your questions and help you decide what decisions to make, with no cost to you. Your rights and freedoms are too important not to defend, so call us now.

Accused Heroin Dealer Looses Suppression Hearing

September 27th, 2011 by Chris Salcido | Comments Off

Fourth District Judge Says Confession Admissible

Last week Gareth Bozung had a hearing before Judge Claudia Laycock to determine whether or not his confession to police would be admitted into evidence at trial. Bozung’s defense attorney’s wanted to suppress the confession because as they stated Bozung was so confused and unfocused that he could not have understood the Miranda warnings and thus the confessions were not admissible. Originally Judge Laycock ruled in favor of the defense stating that the prosecution could not use the confession but that ruling was later overturned by the Utah Supreme Court and sent back. Bozung is facing charges of possession, distribution, and obstruction of justice. Bozung allegedly sold heroin to Joshua Ruzicka in 2007, shortly before Ruzicka overdosed and died.

Utah Drug Laws

The judges ruling last week was a big hit for Bozung’s defense and he is now likely facing jail time. With the drug crimes of distribution and possession being separate offenses, the prosecution can charge an offender with multiple charges and increase the likelihood of conviction as well as increasing the possible penalty. Utah drug laws also allow for a drug free zone enhancement, meaning that if the crime took place within a certain distance of a school, church, daycare or other defined location, then the penalties are increased.

Utah Drug Crimes Attorney

It’s been four years since the offense in Bozung’s case mostly because the defense attorneys are fighting zealously for Bozung’s rights. Although some may consider Bozung not worthy of protection simply because he has been charged, here at Provo Criminal Defense we understand that everyone is innocent until proven guilty. The criminal justice system allows and requires that defendants zealously defend themselves. If you have been charged of a crime, such as a drug crime, call Provo Criminal Defense today to help you get the protection you need and deserve.

Utah County Bike Shops Burglarized

September 20th, 2011 by Jerry Salcido | Comments Off

Multiple Stores Targeted

Over the weekend Trek Bicycle in American Fork was broken into and a bike worth more than $3,000 was stolen. The thieves smashed a store window, grabbed the bike, and took off. The most disheartening thing about the situation is that nearly the exact same thing happened a couple of weeks ago. The story gets worse however because over the last couple of weeks two other bike shops in Utah County have had similar experiences, Mad Dog Cycles in Orem and Timpanogos Cyclery in Pleasant Grove. The losses of all the bike shops combined is now well over $20,000, along with the repair and additional security costs.

Utah Theft Laws

Theft laws in Utah are separated out depending on the price of the merchandise that was stolen. If the value exceeds $5,000 then the charge is a second degree felony, third degree felony between $1,500 and $5,000, class A misdemeanor between $500 and $1,500, and class B misdemeanor if less than $500. Obviously in the case above the perpetrators, when caught, will be facing theft charges of a second degree felony, and will likely be facing other charges as well. The possible penalties for a second degree felony are 1-15 years in prison and up to $10,000 in fines. The court would also likely require restitution from the defendants meaning they would have to compensate the victims for the damage and losses they created.

Utah County Defense Attorney

No matter what level of charges a person may be facing, hiring an attorney is always the right decision. Even for goods under $500, a conviction could mean 6 months in jail and $1,000 fine. With so much at stake you don’t want to risk defending yourself alone or just going along for the ride. Call Provo Criminal Defense today to set up an initial consultation and to find out how we can help you defend your rights.

Car Burglars Caught in Provo

September 13th, 2011 by Chris Salcido | Comments Off

Neighbor Tip Leads to Juvenile Arrests

Over the weekend, Provo police arrested 3 juveniles in Provo for car burglary. On Saturday night, a woman saw three teens dressed in black getting into her neighbors vehicle. The woman called the police who arrived in time to catch one of the three boys as he was trying to run away. The other two boys were later arrested as well, and the three of them have been refereed to juvenile court for vehicle burglary and curfew violations. The Provo Police Department cites car burglaries as a problem in their community and say that cracking down on it is a top priority for them.

Juvenile Charges

The juvenile criminal system is very different from the adult system because the State has different goals they want to achieve with juveniles. Although it could be said that the State tries to go easier on juveniles, that doesn’t change the fact that juvenile’s can be very detrimentally affected by juvenile proceedings. Not only could charges effect the juvenile’s future by showing up on their record, but they could also loose their drivers license as well as be required to serve time in detention or community service.

Provo Juvenile Crimes Attorney

If your child is facing charges for a juvenile offense then it is important that you seek legal help as soon as possible. Our attorneys are experienced in defending juveniles and know how to work in the uniqueness of the juvenile system. Regardless of the charges your son or daughter is facing, our lawyers can help. We offer free initial consultations so there is no reason not to at least come in and get some of your questions answered about how the juvenile process works. Call or email us today to set up an appointment. 801.800.8246

Forcible Sexual Abuse of a Child Committed in Orem

September 7th, 2011 by Jerry Salcido | Comments Off

Man Commits Sex Crime at Orem Restaurant

Eating out at a restaurant in Utah Valley is often a family event. Families celebrate birthdays, graduations, and other special events at restaurants. It is usually a joyful event and great memories are made. For one family eating out at a restaurant this week in Orem, however, the family dinner proved to be a tragedy that will affect their sense of safety for years to come.

The family was eating at a restaurant in Orem when a twelve-years old boy of the family went to use the bathroom. While using the bathroom, a man came up behind the boy intent on sexually gratifying himself. The man dropped his pants, pulled up his shirt, and exposed himself to the twelve-years old boy. The man then touched the boy’s back and stomach. Likely shocked and mortified by the man’s actions, the boy ran out of the bathroom to the safety of his parents. His parents called the police and Orem officers soon arrived to apprehend the man.

The Seriousness of Sex Crimes

The man was arrested and is being held in the Utah County Jail on charges of forcible sexual abuse of a child and lewdness involving a child. The forcible sexual abuse of a child is a second degree felony and lewdness is a class A misdemeanor. If convicted of one or both of these charges the man will be required to register for the sex offenders registry which will forever affect where he can live, what profession he can work in, and everyday interactions with the community he lives in.

The sex offender registry is probably the least of the man’s troubles right now though. He is being held on $20,000.00 bail and faces years in prison and thousands of dollars in fines if convicted of these sex crimes. The seriousness of the charges is going to require the man to obtain a Provo criminal defense lawyer. Without a Provo criminal defense lawyer, the man may not know his rights and end up harshly sentenced if convicted. All criminal defendants in Provo, Orem, and the rest of Utah County need to get a criminal defense lawyer for any criminal charge.

Receive the Protection You Need

If you have been charged with a crime, such as forcible sexual abuse of a child and lewdness, contact a Provo criminal defense attorney. We will work hard on your case and protect your constitutional rights. Call 801.800.8246 for a free consultation with a Utah criminal defense lawyer today.

Utah Criminal Penalties

August 29th, 2011 by Chris Salcido | Comments Off

Felonies or Misdemeanors

Thanks to popular television and newscasters professional jargon is more commonly heard in our daily lives. We hear the fake doctors tell the face nurses on t.v. shows that they need so many “BP’s” of this and that they need that “stat,” and we hear about criminal penalties from law and order and common phrases of legal process. However, although we may hear these things on TV most of the time we still don’t understand them. One of the more common things that we hear but aren’t sure what it means is felonies and misdemeanors. In the criminal justice system offenses are actually divided into three categories not just two; they are felonies, misdemeanors and infractions (from most grave to least). Felonies and misdemeanors are then divided into sub classes; capital, first, second, and third degrees felonies; and class A, B, or C misdemeanors.

Punishment for Crime

The different classifications of crimes is not just so lawyers can have cool phrases like doctors but it serves a purpose by dividing up the penalties criminals may face. Going back to the beginning of our criminal justice system judges had free reign on sentencing. In theory a judge could sentence a traffic violator to life in prison and a murderer to community service. Obviously, without any rules in place for sentencing, uniformity was not one of the legal systems strong suits. Because of the desire for uniformity, the different class systems have set different ranges for penalties. For example a first degree felony could carry a penalty of five years to life in prison and up to a $10,000 fine.