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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Most people are familiar with shoplifting.  Shoplifting is one of the most common crimes that occurs in the Utah Valley area.  Provo-Orem criminal defense attorneys frequently receive call from individuals who have been charged with shoplifting.  Often times those calling are first time offenders who have no criminal history.  Similar to shoplifting charges, individuals in the Utah Valley area are charged with theft of services.  Provo-Orem criminal defense attorneys frequently handle theft of services charges.

Service Theft – A Different Kind of Shoplifting

Utah Code § 76-6-409 describes the crime of theft of services.  It states someone is guilty of the offense when a person “obtains services which he knows are available only for compensation by deception, threat, force, or any other means designed to avoid the due payment for them.”  An individual can also commit theft of services if “having control over the disposition of services of another, to which he knows he is not entitled, he diverts the services to his own benefit or to the benefit of another who he knows is not entitled to them.”

The types of services covered by this statute include, but are not limited to, “labor, professional service, public utility and transportation services, restaurant, hotel, motel, tourist cabin, roaming house, and like accommodations.” It also includes things like sporting events.  Essentially, a theft of services charge seeks to cover intangible services of value.  For example, when someone rides a UTA bus, trax, or frontrunner without paying, that person commits theft of services.  The public transportation ride was not a tangible item but it was a service from which the person obtained value.  Provo-Orem criminal defense attorneys can help those charged with this crime.

Protect Yourself with a Theft Lawyer

If you are charged with theft of services, contact a Provo-Orem area theft attorney from Criminal Defense Provo.  The criminal defense lawyers at Criminal Defense Provo are knowledgeable and will help you resolve your theft charges.  Lawyers are available to speak with you so call a Criminal Defense Provo lawyer for a consultation today.  A lawyer can be reached at 801.800.8246.

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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.

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• 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.

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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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The first category of restricted persons include the following:

• An individual who has been convicted of any violent felony;
• Anyone who is on probation or parole for any felony;
• Anyone who is on parole from a secure facility;
• An individual who within the last 10 years has been adjudicated delinquent for an offense which if committed by an adult would have been a violent felony; or
• An alien who is illegally or unlawfully in the United States.

The second category of restricted persons include:

• Those who have been convicted of any felony;
• Those within the last seven years who have been adjudicated delinquent for an offense which if committed by an adult would have been a felony;
• Any unlawful user of a controlled substance;
• Anyone who is in possession of a dangerous weapon and is knowingly and intentionally in unlawful possession of a Schedule I or II controlled substance;
• Those who have been found not guilty by reason of insanity for a felony offense;
• Anyone who has been found mentally incompetent to stand trial for a felony offense;
• Anyone who has been adjudicated as mentally defective as provided in the Brady Handgun Violence Prevention Act or has been committed to a mental institution;
• Anyone who has been dishonorably discharged from the armed forces; or
• Anyone who has renounced his citizenship after having been a citizen of the United States.

A restricted person who intentionally and knowingly possesses, transfers, purchases etc. a firearm can be charged with a felony.  So basically if you are searched by law enforcement and are found to have both cocaine and a gun, you get hit with double felony counts.

Give our Provo criminal defense lawyers a call at 801.800.8246 if you are facing charges purchasing, transferring, possessing, or using a firearm by a restricted person for a free consultation.  Let’s talk about how we can help.

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Felony DUI Charges in Provo

If you are charged with your third DUI or more, you will likely be facing a felony charge. Felony DUI Charges in Provo come with a real risk of serious jail or prison time so it is important to speak with a lawyer as soon as possible. If you are a family member and your loved one is being held in jail after being arrested on a felony DUI, we can help get the bail addressed. Often the bail amount is initially set very high.

Felony Drug Charges

Felony drug charges are one of the most common types of felonies filed in Utah County. Having a large amount of drugs or having paraphernalia such as scales etc., can land you a felony drug charge. Even if you do not have a prior record, if you are charged with a felony drug related crime, you should seek the assistance of counsel. Even the lowest felony charge runs the risk of prison time. To speak with a Felony Drug Defense Attorney at our firm today call 801.800.8246.

Violent Crimes

Violent crimes are often charged as felonies. Assault, domestic violence, and other related violent offenses, if felonies, are often aggressively pursued by prosecutors. There is no doubt you will need a lawyer if you are facing one of these types of crimes. We can help.

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Will the Bill Become Law?

The bill has yet to be signed into law by the governor and it is not yet known if the governor intends to veto the bill or not. In the past, Governor Herbert has explained he believes the gun laws in Utah are not broken and do not require any amendments or change. Therefore, many believe he will veto the bill. However, the bill is greatly favored by his republican party and was passed by slightly more than a 2/3 majority in each house. Even if the bill is rejected by the governor, it would still likely become the law of the land if the house and senate vote to override the veto. All that is required is a 2/3 majority to override the governors veto. Since the bill already passed the legislature with this majority, it seems likely to win out. That is unless at least a few of the elected officials change their minds.

Gun Charges in Utah

Gun law in Utah has changed quite a bit over the last few years in Utah in the direction of lesser state regulations. However, we still speak with many individuals every year who face a gun related charge such as brandishing a weapon, assault related charges, or others. We provide free consultations to those accused with weapon related crimes. For more information, call and speak with a Provo Criminal Defense Lawyer at our office today.

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Entrapment by Law Enforcement

Police officers in Provo and across the state of Utah have been running sting operations on occasion to crack down on prostitution and sexual solicitation. In some cases, the police may entrap someone into a prostitution scenario when the individual never intended to commit any illegal acts. This is one reason why it is so important to meet with a Provo Criminal Defense Lawyer at our office prior to taking any steps in your defense. We have handled numerous cases in which our client was charged with Patronizing a Prostitute in Utah County when they never intended to engage in any unlawful sexual activity but rather were seeking companionship and non sexual entertainment. Escort services are generally not illegal so long as there is no exchange or offer of sexual activity for compensation and the escorts are properly licensed etc. Nonetheless, prior to engaging the service of an escort, one should be fully advised of what the law in this area dictates.

Free Consultation

For more information on your case, call and speak to a Provo Defense Attorney now. We look forward to reviewing your case and helping you through a potentially embarrassing and difficult situation. Everyone makes mistakes and there is no reason not to at least speak with one of our team members. We have the experience necessary to ensure you get through the process in the most reasonable way possible. Call or email us now to get started on your defense and get some piece of mind.

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Utah Aggravated Assault Attorney

If you or someone you know has been charged with a serious violent felony, call and speak to a Utah Aggravated Assault Attorney in our office today. Violent crimes are generally prosecuted very aggressively in Utah County and throughout the state so be sure you at least meet with a private lawyer before deciding how to proceed in your defense. Our law firm is experienced in violent felony cases and will provide you with a free consultation. Call us now for more information or to get started.

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