Utah Law Evolving to Benefit Provo Residents

June 20th, 2011 by | Comments Off on Utah Law Evolving to Benefit Provo Residents

Domestic Violence and Marital Rape

Many years ago, people in Provo who committed violence in the home were not prosecuted.  The law viewed fights or arguments between spouses as a domestic affair that the state should not get involved in.  Historically, women were considered the property of their husbands so husbands were essentially allowed to assault her their wives.  There was also no such thing as marital rape because rape was only defined as a man who has sex with a woman, not his wife, against her will.  Crimes prohibiting domestic violence and marital rape did not exist.

Fortunately, society’s norms and values have progressed in a way to give women rights separate from their husbands.  It is no longer acceptable to view women as the property of their husbands.  Because women are on a equal footing legally with men, however, they can and are also charged with domestic violence.  Domestic violence is not gender exclusive.  Marital rape is also gender neutral.  A man or a woman can be charged with marital rape meaning a Provo criminal defense lawyer often has to defend both sexes.

Sodomy Law Unconstitutional in Provo

Its interesting that in the past domestic violence and marital rape were essentially legal because they happened in the home and were considered private affairs, but an equally private act, sodomy was illegal up until a few years ago.  It seems odd that consensual sodomy would be illegal but beating a spouse or raping a spouse was not.

Technically in Provo, sodomy is still illegal.  The Utah State Code says that sodomy is a class B misdemeanor and the prohibition is for everyone, including married couples.  A few years ago, however, the U.S. Supreme Court ruled in Lawrence v. Texas that a state could not prohibit sodomy.  Sexual expressions are a fundamental privacy right protected by the constitution, so even though there is a sodomy law on the books still, the law is unconstitutional and cannot be enforced against individuals.  A Provo criminal defense lawyer can help anyone with a question relating to any sex crime such as sodomy.

Utah Law Evolving

The law in the past century has evolved in a beneficial way to give people more freedom (outlawing sodomy laws) and to protect others from harm (outlawing domestic violence and marital rape).

If you have been charge with any crime, including domestic violence or marital rape, call a Provo Criminal Defense lawyer today.  A Provo Criminal Defense lawyer will protect your rights and work with the prosecutor to reach an agreeable settlement.  Call 801.800.8246 to speak with a lawyer today.

Utah Controlled Substances Act Challenged

June 17th, 2011 by | Comments Off on Utah Controlled Substances Act Challenged

Late last week the Supreme Court of Utah delivered their opinion on a case that tried the constitutionality of Utah’s Controlled Substance Act. The question before the court was whether or not U.C.A. §§ 58-37-8(2)(a)(i) violated the Utah or US Constitution. More specifically the statute defines an element of the offense as any “measurable amount” of the controlled substance found in the defendants body. This was the focus of the constitutional attack.

State v. Robinson

In August of 2007, Chance Robinson was stopped by Lehi City police on suspicion of driving without insurance. During the stop Robinson had trouble speaking and his eyes were bloodshot so one of the officers administered multiple sobriety tests. Robinson failed these tests and was arrested for DUI. Robinson was later tested for drugs, and he tested positive for methamphetamine. The State charged Robinson with possession or use of methamphetamine among other charges.

Constitutional Arguments

While there were a number of constitutional arguments made the two main arguments were that the statute violated due process under the Utah Constitution and that the statute violated the Uniform Operation of Laws Clause of the Utah Constitution. The due process argument was made in a couple of different ways but was basically stating that an offense was based on an act in the past that could have taken place in another state with kinder possession laws. So the offense is based on the body taking a while to get ride of the drugs in its system, and this does not allow for a person a reasonable opportunity to comply with the statute. The Uniform Operation of Laws argument was basically stating that the statute is not applied equally to all people because two peoples bodies could digest the drug at a different rate and they could thus be charged with different levels of offenses for different amounts when they did the same thing. The Court rejected both of these arguments and held that the statue was constitutional.

Provo Criminal Defense Attorney

The importance of this case is that it establishes precedent that this statute is constitutional and it will be very difficult to argue in the future that it is otherwise. If you or your attorney is not aware of this case and try to argue the constitutionality of this statute you could be wasting a lot of time and money. The criminal defense lawyers at Provo Criminal Defense are experienced in the law and can help you avoid mistakes that could cost you in the long run. Contact us day or night to find out what we can do for you.

 

Felony Criminal Charges in Utah County | Provo Defense Attorney

June 7th, 2011 by | Comments Off on Felony Criminal Charges in Utah County | Provo Defense Attorney

The Felony Process in Utah

A felony in Utah carries with it penalties of potential jail or prison time in excess of a year. Some felonies can land you in prison for life. It is extremely important for anyone charge with a serious crime in this state to obtain competent legal representation to defend you through the felony process. The biggest mistake an individual can make following charges is to proceed in the justice system without a solid criminal defense team. At our office we offer free consultations and payment plans so there is no reason not to meet with us and at least explore your options for defense.

Drug Felonies

One of the more common felony cases that occur in Utah County are based on drug charges. While simple marijuana possession and paraphernalia cases will typically not land you in a felony court, more serious drug charges such as drug distribution will. A \ common type of drug case which occurs in Provo that many people do not realize happens as frequently as they do, are the prescription drug related cases. Many people falsify prescriptions or otherwise engage in prescription fraud and are often charged with serious drug felonies. In Utah, some defendants with serious drug problems may be eligible for drug court. Drug court is a better alternative to jail and can help addicts get help. To learn more about drug court or other options to help you avoid felony penalties, contact us today.

Violent Felonies

Felonies that involve serious injury to others are often the most aggressively pursued by the prosecution. If you are charged with a violent felony crime you have an uphill battle. Your case will no doubt require experience, dedication, and a keen understanding of the system to ensure you are not taken advantage of by the other side. Violent felonies may be domestic related or involve weapons. Such cases require knowledge of the specific elements and defenses related to the crime. Don’t roll the dice if you are facing one of these serious felony charges. Call our office today.

Provo Felony Defense Lawyer

If you or someone you know has been charged with a serious felony in Provo, we can help. Call our team of Utah County Criminal Defense Lawyers now. We offer free consultations and can even meet with you if you are currently incarcerated. Fill out the contact form to the right or call and speak with one of our advocates now.

Date Rape

May 27th, 2011 by | Comments Off on Date Rape

Provo Date Rape Defense Lawyer

Allegations of date rape seem to be increasing.  Sometimes such allegations are false – sometimes they are true.  Regardless of whether the allegations are true or false, Utah rape charges are detrimental to a person’s reputation.

There are a number of problems with date rape.  For example, the evidence supporting date rape is often unsubstantiated and without witnesses.  Many women do not seek medical treatment so there is no rape kit evidence.  Some alleged victims have no memory of anything happening and merely have a feeling.  Often times the alleged victim and perpetrator are intoxicated by alcohol or drugs.  In other cases the alleged victim actually gave her consent to engage in sexual relations.

Because of the nature of date rape allegations extensive investigation must be conducted on the part of the criminal defense attorney and his staff to make sure that every harmful and beneficial fact is brought to light.  Like all of our cases, our firm takes these cases very seriously because we know that all too often innocent people are charged with date rape who in reality did nothing.

Potential Consequences of a Conviction for Date Rape

A night of partying can land you in a lot of trouble if accusations of date rape are brought against you.  Date rape is a felony charge and can result in state prison time if you are convicted.  A conviction will also result in having to register as a sex offender.  That means your mug shot will be plastered all over the internet for anyone to see, so even after prison time your life will continue to be haunted by the conviction.

Dedicated Provo Defense Attorneys

Rape charges require serious representation.  Our law firm has the defense lawyers who will step up to the plate and defend you to the end.  Your freedom and reputation are invaluable and we want to save you both.  Contact us day or night to schedule a time to meet with an attorney.

Two People Arrested for Provo Murder

May 24th, 2011 by | Comments Off on Two People Arrested for Provo Murder

Some Crimes Commonly Occur in Utah County

Some crimes in Utah County are pervasive and happen consistently throughout the valley.  Such crimes as drug possession and domestic violence happen too often in Provo and the rest of Utah County.  DUIs are also very prevalent throughout the county.  Basically, because misdemeanors are essentially easier to commit, it only makes sense they are committed in a more prevalent manner.  Felonies aren’t necessarily harder to commit than misdemeanors but it can be more difficult for a prosecutor to charge a person with a felony.

One felony that few people are charged with is murder.  Most people don’t intentionally kill another human being so murder cases don’t happen very often in Utah County.  When a murder does occur, it is usually headline news.  A misdemeanor drug possession is seldom covered in the news because it happens so much.  In recent news, there has been much attention given to a murder of a man in Provo.

Police Arrest Suspects in Provo Murder Case

The murder occurred in Provo last week.  A 32 year old man was found injured with a gun shot wound to the head on his front porch.  The man died a day later.  Murders don’t happen often in Provo so many news outlets covered the story.  There also weren’t any suspects immediately after the murder which garnered further interest in the story.

This week the case further developed with the arrest of two individuals believed to be involved in the murder.  Both defendants have prior criminal histories which is not good for their public image.  Most people will probably automatically assume these men are guilty, but their guilt must be proved in a court of law.  Hopefully these men will have a Provo criminal defense lawyer to ensure they are tried fairly.  A Provo criminal defense lawyer can protect their rights and ensure they receive a fair trial.

Provo Criminal Defense Lawyers Represent Any Defendant

Whether you have been charged with a simple drug possession misdemeanor or a serious murder felony, call a Provo Criminal Defense Lawyer.  A Provo Criminal Defense Lawyer will represent a defendant for any criminal charge and ensure their rights are protected.  Call 801.800.8246 to set up a free consultation with an attorney today.

 

The Emerging Decay of Fourth Amendment Protection

May 20th, 2011 by | Comments Off on The Emerging Decay of Fourth Amendment Protection

New Court Ruling Would Benefit Utah County Police, Not Citizens

Provo police and other Utah County police agencies are probably wishing the Utah Supreme Court would hand down a ruling like the ruling the Indiana Supreme Court issued this past week.  They would probably think this because the ruling greatly expands their power to violate individual privacy rights and set aside that pesky constitution so many police officers find too restricting.  Provo criminal defense lawyers hope that Utah courts don’t follow Indiana so individuals are protected from police abuse.

Court Ruling Practically Abolishes 4th Amendment

The Indiana Supreme Court this past week basically found that the Fourth Amendment no longer restricts police officers from entering a home without a valid warrant.  Traditional law dating back to the Magna Carta as well as the Fourth Amendment prohibit officers from entering one’s home without either permission or a valid search warrant issued by a court.  In Barnes v. State, however, the Indiana Supreme Court ruled that a police officer does not need permission from a homeowner to enter a dwelling even if the officer doesn’t have a warrant.

The Barnes court found that a man was guilty for offenses such as assault on a police officer because he would not allow police to enter his home and attempted to physically restrain them.  The officers were investigating a domestic violence case and did not have a warrant at the time.  With the ruling by the Indiana Court, a police officer in Indiana can enter into anyone’s home at anytime for any reason and the homeowner can do nothing to stop the officer.  The Court said that if the officer entered unlawfully then the homeowner could use the court system to rectify the problem. What’s strange though, is that if the Court says an officer can enter one’s home anytime for any reason, how could an officer ever enter unlawfully?  Utah criminal defense lawyers are grateful they don’t have to deal with this ruling in Utah.

Utah County Police Don’t Have Unlimited Powers

Utah County residents should be happy that they don’t live in Indiana.  The Fourth Amendment is still protected in Utah County but that doesn’t mean Provo and other city police agencies don’t violate this great amendment.  Call a Provo Criminal Defense lawyer if you have been charged with a crime.  Our attorneys will make sure your Fourth Amendment rights are protected.  Call 801.800.8246 to speak with a Provo Criminal Defense lawyer today.

Don’t Let Provo Area Prosecutors Bully You Around

May 18th, 2011 by | Comments Off on Don’t Let Provo Area Prosecutors Bully You Around

Valid Plea Bargains Ensured by Provo Criminal Defense Lawyers

The law can often be very complex and hard for the laymen to understand.  This is why it is so important for a person facing criminal charges, such as a DUI, in the Provo area to contact a Provo criminal defense lawyer.  If a person relies on his or her own knowledge or skills to defend a criminal charge, he or she may suffer terrible consequences not anticipated.  A Provo area prosecutor will use his expertise and knowledge of the law to unfairly prosecute a criminal defendant.  When a criminal defendant has a Provo criminal defense attorney, a prosecutor won’t be able to bully a defendant.

Involuntary Guilty Pleas Invalid

Often times, a Provo area prosecutor will use threats or promises to convince a criminal defendant to plead guilty to a crime, such as to a DUI.  These tactics are usually found to be valid by courts.  It is only when a guilty plea is entered into because of a threat or promise that deprives it of a voluntary act that the guilty plea will be void.  A valid guilty plea must reveal that the person pleading guilty had a clear understanding of the charge and entered the plea without coercion or improper inducement.  A guilty plea could be void if the person lacked that clear understanding.

It is best to hire a Provo criminal defense lawyer and avoid all the problems with plea bargains that a criminal defendant could experience.  Every defendant is entitled to be represented by counsel unless the defendant waives counsel in open court.  A criminal defendant isn’t required to plead until he or she has had reasonable time to confer with an attorney.  So, its usually never too late for a person to hire a lawyer to defend him or her.

A Provo Criminal Defense Attorney Will Protect You

If you have been charged with a crime, such as a DUI, and the prosecutor has worked out a deal with you to plead guilty to the charge, don’t do it!  First call a Provo Criminal Defense Lawyer and have him or her work with the prosecutor to get you the best deal possible.  A Provo Criminal Defense Attorney knows the criminal law and knows what a prosecutor can and can’t do.  Call 801.800.8246 for your free consultation with an attorney.

Provo Police Investigating Utah Drug Crimes Just Got a Boost

May 17th, 2011 by | Comments Off on Provo Police Investigating Utah Drug Crimes Just Got a Boost

Provo Law Enforcement Get Green Light to Break Into Homes

Yesterday the United States Supreme Court issued a decision, called Kentucky v. King, which the Provo police and other Utah County law enforcement agencies are sure to use to their advantage…but to the chagrin of Provo and Utah County residents.

You see in the King case the Supreme Court basically gave Provo police and law enforcement throughout Utah and the United States carte blanche to bust down doors of the homes of people suspected of destroying evidence of drugs.  The decision leaves significant discretion to the police to determine if they should get a warrant or just kick down the door of someone’s house they suspect to be destroying evidence of a drug offenses.

In the King case a drug suspect entered an apartment. The police banged on the door, announced their presence, and then heard noises which they believed meant the suspect was destroying evidence.  The police kicked down the door, entered the home, and arrested those present.  The Supreme Court found that the police officers’ entrance by force without a warrant was reasonable.

The Reasonable Standard Very Dangerous to Our Civil Liberties

The Supreme Court basically said that so long as a warrantless entry is reasonable it will be upheld.  What does that mean?  So if a Provo police officer in his own subjective viewpoint believes that kicking down a door on the fear that evidence is being destroyed that is sufficient?  What happened to the Fourth Amendment.  There is essentially no protections left to be secure and safe in our homes from government intrusion.  A police officer can now just make up a pretext that he thought evidence was being destroyed.

Provo Criminal Defense Here to Fight For Your

In spite of this egregious decision from the Supreme Court, we will continue to fight for the rights of defendants and to protect their right to unreasonable searches and seizures.

Let our law firm protect you. For a free consultation, contact us at 801.800.8246.

Provo Shoplifting Attorney | Retail Theft Defense Lawyer

May 15th, 2011 by | No Comments

Retail Theft Defense in Provo, Utah

If you have been charged with retail theft (shoplifting) in Provo or elsewhere in Utah County, you are not alone. We have represented numerous individuals in Provo, American Fork, Orem, Spanish Fork, Lehi, and several other cities throughout Utah Valley. Many shoplifting cases occur at the local Wal-Mart. Wal-Mart employs because several security personnel to search for shoplifters in their stores and they call the police in almost every circumstance in which they suspect theft. They also pursue a civil case in some instances leaving people with judgments they cannot afford to pay back.

In Provo and Orem, many college students from both BYU and UVU are charged with retail theft each year. We understand that in many of these cases, the students were just making stupid mistakes and do not deserve to have the “book thrown at them.” A retail theft defense lawyer at our law firm can help you get the best possible result in your case so that you can move forward with your education and career without a potentially damaging record.

Penalties for Shoplifting in Utah

Anyone caught shoplifting can be charged with a Class B misdemeanor. This is a serious charge that carries with it a maximum penalty of 180 days in jail. While most individuals do not do jail time for these crimes, especially if they are represented, they are facing serious fines and a potential civil judgment. These charges can stay on your record and will certainly be something any employer or other parties doing a back ground check would notice and take issue with. Don’t take any chances with your case, call us now for a free review.

Contact us for Retail Theft Defense

At our local Provo law firm, we understand what it takes to properly represent you in a theft case to ensure your rights are protected, and to minimize the potential penalties you are facing. Do not go into court without an attorney. We offer reduced rates in some case and also payment plans so you can afford to have a competent defense. Do not plead guilty without speaking with a Provo criminal defense lawyer about your options. Call us anytime or simply fill out the contact form to the right. Get a free consultation today.

Utah Drug Free Zone Penalty Enhancement for Illegal Drug Crimes

May 12th, 2011 by | Comments Off on Utah Drug Free Zone Penalty Enhancement for Illegal Drug Crimes

Drug Crime Penalties

In Utah, penalties associated for the production, possession, and distribution of controlled substances are established by statute.  Some “crimes” are considered petty offenses such as the possession of less than one ounce of marijuana.  Other “crimes” are considered more serious, such as felony drug possession. 

The type of penalty attached to the “crime” is generally determined by what type of drug you had in your possession and how much of that drug you had in your possession.  Utah divides the different drugs into schedules.  In our experience, more and more people are found to be in possession of what are known as Schedule II drugs, which include oxycodone, hydrocodone, and opiates which are typically found in prescription pain killers.  Generally the possession of such drugs will result in charges of a third degree felony.

Penalties Become More Serious in a Drug Free Zone

Of the many ridiculous laws Utah’s Legislature has determined should be implemented, the drug free zone laws have to rank among the most pointless and unjust.

In Utah, if you are found to be in possess of illegal drugs within 1000 feet of a public or private elementary or secondary school, a public or private vocational school or postsecondary institution, a church, a shopping mall, sports facility, stadium, arena, theater, movie house, playhouse, or parking lot or a structure next to a parking lot, the penalties can be increase a full degree.

Thus, if you are charged with a Class A misdemeanor drug offense but you were within 1000 feet of one of the above listed buildings, your charges can be increased to a felony charge.

Provo Drug Crimes Defense Lawyer

We see these types of cases all the time and we are very successful in defending against them.  Let us help you if you are facing drug charges in a drug free zone. We are Provo Criminal Defense and our law firm has attorneys who have substantial experience in drug cases.  Call us today for a free consultation so we can begin to defend your rights.