Provo Man Arrested on Suscpision of Sexual Assault

August 22nd, 2011 by | Comments Off on Provo Man Arrested on Suscpision of Sexual Assault

15-Year-Old-Girl Seduced Through Text Messages

Over the weekend, Jacob Huff, a Provo resident, was arrested on suspicion of object rape, unlawful sexual activity with a minor, and two counts of enticing a minor. Huff had allegedly texted a 15-year-old girl earlier this month asking her if she wanted to smoke weed with him. The two then met at Mountain View High School and traveled to a business parking lot in the Provo River Bottoms where Huff allegedly sexually assaulted the girl. The girl later told a friend and her mother what had taken place, and the police later used the friend to catch Huff. After the friend, who is 16-years-old had texted Huff to tell him to stop communicated with the alleged victim, Huff asked if she wanted to meet up. The police supervised the 16-year-old as she set up a meeting with Huff at the Provo Smith’s where police arrested Huff. He was later booked into Utah County Jail.

Utah’s Unlawful Sexual Activity with a Minor Law

In Utah the crime of unlawful sexual activity with a minor is defined as any sexual act with a person between the ages of 14 and 16 that does not amount to rape or a number of other offenses. This is a separate crime from sexual child abuse which involves persons under the age of 14. Unlawful sexual activity with a minor is a 3rd degree felony, unless the defendant is less than four years older than the minor and in that case it is a class B misdemeanor.

Facing Sex Crime Charges in Utah County?

If you or someone you love is facing sex crime charges then you definitely need the help of an attorney. Sex crimes are prosecuted very aggressively and can carry very harsh penalties, not to mention the damage that is done to reputations and relationships. The lawyers at Provo Criminal Defense are experienced trial attorneys that can help you obtain the best outcome possible. Call us today to set up a free consultation to see what we can do for you.

Orem Fire Possibly Caused by Arsonist

August 15th, 2011 by | Comments Off on Orem Fire Possibly Caused by Arsonist

Serious Fire Damage in Orem Restaurant

Early Sunday morning witnesses say they heard an audible fire alarm and started seeing smoke coming from the Pirate Island restaurant and arcade in Orem, Utah. All four Orem fire stations responded and the fire was contained within an hour but not before some significant damages was caused. Early estimates have the damages between $50,000 and $75,000. Although no one was injured in the fire, damages this high can obviously be a seriously blow to the sustainability of such a business. Orem Police Sgt. Craig Martinez stated the the arson investigation team was still going through the evidence but that the cause of the fire right now is suspected to be arson.

Criminal Arson Charges

In Utah there are two different arson offenses that a person can be charged with. The first is simply arson, and the second is aggravated arson. Arson is described as damaging a property by means of fire or explosive, the charge is elevated to the level of aggravated arson if someone was in the building when the damage occurred. In the case of the Pirate Island fire there are no reports that anyone was in the building so if it was arson and the person is caught they will be facing an arson charge. The offense of arson can range from a class B misdemeanor to a second degree felony based on the cost of the damage, and aggravated arson is a first degree felony.

Facing Arson Charges? | Call Us Today

If you or someone you love has been charged with arson then it is important that you start working on your defense right away. The best way to do that is by hiring an attorney. The lawyers at Provo Criminal Defense are experienced in arson defense and know how to get the best outcome possible for their clients. The charges you are facing are very serious and could cost you personal liberties. We’ll fight to protect those liberties and help you get through this difficult time.

Provo Councilman Faces Felony Charges

July 28th, 2011 by | Comments Off on Provo Councilman Faces Felony Charges

Steve Turley charged with 10 Felonies

Provo Municipal Councilman Steve Turley was charged yesterday with communications fraud, exploitation of a vulnerable adult, and  pattern of unlawful activity. In all the charges amounted to 10 separate 2nd degree felonies. These charges stem from accusations that Turley has been taking money and property from several people in order to illegally obtain more property. Although there are 10 felonies that Turley is facing, seven of them are for communications fraud.

Communications Fraud in Utah

In Utah the crime of communications fraud is a very broad and a somewhat vague statute that is basically a variation of theft. The statute defines communications fraud as devising any scheme to defraud another or to obtain from another money or property by means of false or fraudulent pretenses. The severity of the offense ranges from a class B misdemeanor to a second degree felony depending on the value of the stolen items. The harshest part of the statute, however, is that prosecutors can charge a separate count of communications fraud for each communication, whether it be separate communications with the same person or with different people. This is why Turley is facing so many felony charges. Although the facts of the prosecutions case against Turley are not known the fact that he has been charged with second degree felonies means that the property he allegedly obtained was either sensitive personal identifying information or was valued at greater than $5,000.

Utah County Criminal Defense Attorney

If you or someone you know is facing charges of communications fraud it is important to hire an attorney right away. In most cases communications fraud charges stem from legitimate business practices that have gone bad. The attorney’s at Provo Criminal Defense will thoroughly investigate each charge of communications fraud against you and make sure that you are not convicted for crimes that you did not commit. Call us today to set up a free consultation.

Ex-Provo Police Drug Crime

July 18th, 2011 by | Comments Off on Ex-Provo Police Drug Crime

Police Officer Caught on Tape

Troy Brewer, a former police officer for Provo City resigned from the force after it was discovered that he had stolen prescription pills from a residential home. Brewer had first visited the home on a 911 call when he apparently noticed the Lortab pills and then he returned a number of times to the home and stole the pills. The theft was detected from a survelience camera the family had which caught Brewer in the act. The theft was discovered in February 2010 and shortly there after Brewer resigned.

Plea and Penalty

Since the resignation, Brewer has been charged with possession or use of a controlled substance and theft. Just this month Brewer plead guilty to the possession charge and the theft charge was dismissed as per an agreement. Brewer was then sentenced to 6 months probation and a $623 fine, a 15 day jail sentence was suspended.

Provo Drug Crime Defense

The war on drugs has become a very serious issue in America, and as time goes by the penalties for drug offenses continue to become more and more harsh. Drug crimes involve serious consequences and need to be taken seriously. If you are facing drug charges you need an attorney to help protect your rights. Call a Provo Criminal Defense lawyer to make sure you get the best outcome available.

Police Roadblocks in Utah | DUI Defense

July 14th, 2011 by | Comments Off on Police Roadblocks in Utah | DUI Defense

Some Roadblocks/Checkpoints in Utah are Constitutional

Many people in the Provo area have experienced police roadblocks.  Roadblocks, often called checkpoints, are places on a road where many police officers or Utah County sheriffs stop vehicles so officers and deputies can inspect all drivers and vehicles passing along that road.  Roadblocks usually happen around holidays and celebrations when law enforcement believe many people party and drink.  The purpose of a roadblock is usually to deter DUI’s and to prosecute those driving under the influence of alcohol or drugs.

Constitutional Limits of Roadblocks in Utah

The police typically lack probable cause to believe any particular driver who is stopped has broken any law, so many question the constitutionality of roadblocks since probable cause is required for police to usually stop and question motorists.  Roadblocks, therefore, potentially violate the Fourth Amendment’s protection of unlawful searches.  But while many Fourth Amendment advocates may believe that roadblocks are unconstitutional and illegal, court have ruled that they are permissible when conducted in certain ways.  For a roadblock or checkpoint to be valid under the Fourth Amendment’s protections, police in Provo and the rest of Utah County must follow the same procedures with respect to all drivers on a road that has been targeted for a checkpoint.  Utah County law enforcement cannot discriminate against any particular motorist.

Even if police in Provo or other Utah County cities follow the same procedures for every driver, a roadblock could still be found illegal.  A roadblock’s purpose must be closely tied to highway safety, like preventing a DUI, and cannot be directed only at general crime control, such as stopping child pornography.  The U.S. Supreme Court has ruled that the following types of roadblocks are legal: Sobriety (DUI) checkpoints, illegal immigrant checkpoints in areas near border crossings, and investigatory checkpoints to gather evidence to help solve a crime.  The Court has found that a narcotics checkpoint (drug crimes) is not valid.  A Provo Criminal Defense Attorney knows what a police officer can or cannot do at a checkpoint.

Busted Because of a Roadblock? Contact a Provo Criminal Defense Attorney

If you have been charged with a crime, such as a DUI, because of a roadblock, call a Provo Criminal Defense Attorney.  A Provo Criminal Defense Attorney will protect you rights and make sure the police were in the constitutional limits of a roadblock.  Call 801.800.8246 for a free consultation with a Provo Criminal Defense Attorney today.

The Appeal

July 12th, 2011 by | Comments Off on The Appeal

The appeal process can be crucial to those involved in the criminal justice system. Since the beginning of this country the justice system has been concerned with its error rate, or in other words the amount of people that were being wrongly accused and convicted. One way of dealing with this is allowing convicted criminals to appeal their convictions and have a higher court make sure that the lower court got it right. An appeal is not something exclusive to the criminal justice system but it is a little bit different in criminal matters. In civil cases, such as divorce, contract disputes, personal injury, etc… either party is allowed to appeal the decision, usually the losing party is the one that appeals but it is not limited to them. For example if a plaintiff were to win the suit but didn’t agree with the amount of damages awarded they could still appeal that decision. In the criminal system, however, the appeal is only available to the accused party. If the state losses the case and the court determines the person innocent then that is the end of the case.

Incentives to Appeal

In civil cases, appeals are often not pursued because of the time and money that must be dedicated to the process. In criminal cases, on the other hand, when the convicted has their liberty at stake they are usually very willing to try the appeals process, to at least keep hope alive. That however was not the case for Brian Mitchell, who was convicted for the kidnapping of Elizabeth Smart. Attorney’s for Mitchell announced recently that he will not be appealing his conviction and life sentence thus ending the legal work for Mitchell.

Provo Criminal Defense

The appeals process is often a very difficult road and does not have a high success rate, but it is usually an easy decision to make in some situations. The attorney’s at Provo Criminal Defense are well experienced in the appeals process and can help you in that process if it is necessary. If you have been convicted of a crime or are simply being charged with a crime, contact us today to find out what we can do for you.

Juvenile Courts in Utah

July 5th, 2011 by | Comments Off on Juvenile Courts in Utah

The Juvenile System

The justice system has set up a separate system for offenders who are under aged. The juvenile court system is not a criminal court but a civil court and it is more focused on rehabilitation and helping the offenders than the adult courts are. There is more of an effort to protect the privacy of the offender and the penalties are usually softer and more focused on rehabilitation than punishment.

Do I Still Need a Lawyer?

Although the juvenile system is kinder and more forgiving to the offender than the adult system there are still some things an offender should be concerned about. Because the offender is a minor any sort of convictions on their record can have a much larger impact on their life. Also some of the penalties associated with juvenile crimes can be very damaging to the progress of the minor. For example, a punishment of suspension or revocation of a drivers license could prohibit the minor from obtaining employment or traveling to school. With all these things on the line it is important to have an advocate on your side that understands the system and can argue your case as to avoid these harsh outcomes.

Provo Woman Accused of Starting Fire

June 30th, 2011 by | Comments Off on Provo Woman Accused of Starting Fire

Fatal Fire Not An Accident

Earlier this year there was a deadly fire at the Boulders Apartment complex in Provo, Utah. Police received a call from one of the tenants, Yvette Kimber, who said she was suicidal. Moments later the fire was reported. Kimber eventually called 911 as she tried to notify fellow tenants, but two of those tenants became trapped in their appartments and died. Kimber was initially detained for questioning and she described the events as an accident. Kimber reported that she was intoxicated and fell asleep with a cigarette, but later admitted to the investigator that she started the fire as a way to take her own life.

Charges Filed

Kimber was originally arrested for investigation of manslaughter, but after the Provo fire marshal determined that accelerates were used in starting the fire, the potential charges were upgraded. The new felony charges were two counts of murder and one count of aggravated arson. Judge Lynn Davis in Provo determined that Kimber was mentally competent to stand trial last month.

Possible Deal

Currently, Kimber is considering a plea deal which is still unknown. In a hearing today Kimber waived her preliminary hearing and Judge Davis alloted her 30 days to consider the plea bargain.

Provo Residents Should Protect Their 4th Amendment Rights

June 29th, 2011 by | Comments Off on Provo Residents Should Protect Their 4th Amendment Rights

Fourth Amendment Protects Utahans from Unreasonable Searches

The Fourth Amendment of the United States Constitution says “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated…”  Unfortunately for most Provo residents, the Fourth Amendment is unknown to them or not understood.  Provo, and other Utah County city residents, have many rights protected under the Fourth Amendment but too few fail to realize its protections.  It protects police from abusing their authority, and keeps them from just walking into anyone’s home and searching through every personal detail.

Provo Residents Don’t Have to Consent to Searches

The Fourth Amendment may sound simple enough to understand but the inconvenient reality is, like most areas of the law, there are many gray areas of the amendment’s jurisprudence.  The muddled nature of search and seizure law is why there are Provo criminal defense lawyers to protect individuals’ rights from invasive action by the government.  Despite the law being complicated and confusing at times, it is important for people to understand their rights.

The biggest right people in Provo and the rest of Utah County fail to realize is that they can say no to a police officer’s request to search a home, business, or vehicle.  Summed up, without a search warrant property is held to be private and usually cannot be searched without an owner’s consent.  What this means for people in Utah County is that if a police officer asks to search property, the owner has the right to say “No.”

The police can be intimidating and will often attempt to intimidate people into allowing them to search their property but people can still say no.  Saying no does not implicate any guilt either.  It simply means one is exercising his constitutional rights.  Many Utahans are charged with something like drug possession because they allowed police officers to search their property.  Even if someone has nothing to hide, he should still not consent to police searches in order to protect his rights.

Provo Criminal Defense Lawyers Protect 4th Amendment Rights

If  the police knock on your door and want to search your home, or they pull you over and ask to search your vehicle, you can and should say no.  If the police have already searched your property and you are now being charged with something like possession of marijuana, call a Provo Criminal Defense lawyer.  A Provo Criminal Defense lawyer understands Fourth Amendment law and will fight hard to protect your rights.  Call 801.800.8246 to speak with a lawyer today.  Consultations are free and a lawyer will help you understand what you need to know to move on from a criminal charge.

 

Provo Fugitive Pleads Guilty

June 22nd, 2011 by | Comments Off on Provo Fugitive Pleads Guilty

Fugitive Captured

On February 2, 2011, Wade Willis was arrested by Springville police in connection with a federal warrant for a probation violation. Once in custody police stated that Willis began acting as if he were “having some type of seizure.” Willis was taken to Utah Valley Regional Medical Center where some testing was done as a result of the seizure. While at the hospital Willis was allowed to use a bathroom alone and he was able to escape through some ceiling tiles. The next day Willis was apprehended in Salt Lake City. Unfortunately, that was Willis’ second escape from Springville police. In 1998 Willis was able to pry open a patrol car window and flee on foot after stealing a 12-pack of beer.

Guilty Plea

Earlier this month Willis pleaded guilty in U.S. District Court to a felony of possession of a firearm. Willis will face sentencing on August 16th and could get up to 10 years in prison. His previous record and the fact that he escaped, will obviously increase the likelihood that he gets a maximum sentence.

Don’t Run | Get an Attorney

Even though it’s dramatized in movies and on t.v., running from the police is never a good idea. Like Willis, those who run will eventually be caught and then there will be more charges or increased penalties. The right thing to do once you’ve been arrested is to cooperate with police, don’t incriminate yourself, and then get an attorney. A Provo criminal defense attorney can help get your charges reduced or your case dismissed depending on the circumstances. If you are facing criminal charges call the attorneys at Provo Criminal Defense to see what we can do for you.