Every plea in abeyance last for a definite period of time.

Recently the Utah Supreme Court addressed the issue of a how a prosecutor proves a violation of a plea in abeyance agreement in the case Layton City v. Stevenson.  A plea in abeyance agreement is an agreement between the prosecutor and a criminal defendant wherein the defendant typically agrees to not violate the law for a specific period of time, pay a fee, and other conditions, and in exchange the prosecutor agrees to dismiss the case at the end of the specified time period.  This is advantageous to criminal defendants because if the successfully completed it will not become a conviction on a criminal record.

In the Stevenson case, the defendant had entered into a plea in abeyance agreement with Layton City wherein he entered a no contest plea to patronizing a prostitute. The term of his abeyance agreement was 18 months during which time he was could have no violations of the law other than minor traffic violations, pay a $400 fee, and submit to HIV testing. if he did not comply with the terms of the agreement the court could terminate the agreement.

Six months after he entered his plea in abeyance he was charged in Sunset City with soliciting a prostitute but he was able to get a diversion in that case. A diversion is an agreement between the defendant and the prosecutor which does not require that the defendant enter a plea. Instead the case is dismissed without any plea after the defendant fulfills agreed upon conditions.

The district court held an evidentiary hearing wherein evidence was presented that Stevenson offered rent relief to his female tenant in exchange for sex.  Stevenson denied the allegation.  It was a he-said she-said case and the court found that there were merely allegations of misconduct and what was required was proof of a conviction.  Consequently, the district court dismissed the case with prejudice. The Court of Appeals reversed the district court’s decision and found that the prosecution does not have to present evidence of a conviction to show a violation of a plea in abeyance agreement.

The Utah Supreme Court agreed with the Court of Appeals in this regard but went further in its opinion finding also that the appropriate standard of proof in such cases is “preponderance of evidence” rather than “beyond a reasonable doubt” as applies in the initial criminal prosecution. The reason for this is because proving a violation of a plea in abeyance agreement is akin to proving a violation of probation for a defendant who has been convicted of a crime.  In conjunction with this finding the court also found that just like a probation violation case there is no presumption of innocence in a violation of plea in abeyance case.

The Utah Supreme Court remanded the case to the district court to determine whether the prosecutor could satisfy the preponderance of evidence standard.

This case does not help criminal defendants. The standard of proof is so low and now that the prosecutor only has to show a violation of the law and not a conviction of the law these cases are going to be too easy for prosecutors.

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The Utah Supreme Court just decided State v. Trotter, which relieves lawyers of the responsibility of notifying a client that a conviction could carry with it a requirement to register as a sex offender.  In Trotter the defendant had sex with a couple of minor girls between the ages of 14 and 16 when he was 20 years old.  His attorney was able to negotiate a plead deal to reduce the charges to a class A misdemeanor, but as a result of his plea he was required to register as a sex offender. He hired a new attorney and he filed a motion to withdraw Trotter’s guilty plea on grounds that Trotter’s plea was not “knowing and voluntary” because he was not notified of the sex offender registration requirements.  Trotter’s lawyer argued that having to register as a sex offender is a “direct consequence” of his guilty plea as opposed to a “collateral consequence,” and therefore, the court and Trotter’s first attorney should have notified him of that consequence.  A defendant’s plea can only be “knowing and voluntary” if he was aware of all direct consequences of his plea.

The Utah Supreme Court analyzed whether the registration requirement is collateral or direct and noted that “a consequence is collateral if it is unrelated to the length and nature of the sentence imposed on the basis of the plea.”  Under this definition the court found that the registration requirement is collateral because the court has nothing to do with it.  It is a civil remedy that is imposed by statute and which cannot be removed by the court in the criminal case.  It is much like a DUI defendant who loses his driver’s license after he is convicted of DUI because the Driver’s License Division takes it away.

The court also considered whether the registration requirement falls under the same exception as deportation.  The United States Supreme Court has ruled that courts must notify criminal defendants that a guilty plea could affect their immigration status. The Utah Supremes did not agree that registration as a sex offender and deportation are akin, finding that deportation is much more serious of a consequence, and therefore, unique in its exception.

Even though we aren’t constitutionally required to notify our clients of collateral consequences, we make every effort to make them aware of as many collateral consequences as possible.

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Utah Sex Crimes and the Internet

It has been quite common in the past for sex crimes to be linked somehow to the website craigslist but the story above is a slightly different twist on the norm. It is important that people understand what they are getting involved with when they deal with circumstances above and to understand what is legal and what is not. Clearly the circumstances above involved questionable behavior when Adams began trying to blackmail people and that is the kind of slippery slope that can start from innocent behavior online. Furthermore, when sexual relations are added into the mix it is important to remember that there are a lot of criminal statutes concerning sexual relations and it is important that the relationship is consensual and both parties are of an appropriate age.

Provo Criminal Defense Attorney | Sex Crimes

If you have been charged with a Sex Crime then it is important that you find expert legal help. The attorneys at Provo Criminal Defense can help make sure that you receive the representation that will help you get the best outcome available. We will fight to protect your rights and deal with this difficult time of your life. Call or email us to set up a free consultation.

The post Provo Man Accused of Extortion and Sex Crime appeared first on Provo Criminal Defense Lawyer | Utah DUI Attorney.

Defending Against Sex Crime Charges

Sex crimes seem to be all over the news these days with everyone from teachers to coaches being accused of and convicted of sexual acts with minors and others. With all of this in the media, our society is quick to believe accusations and anyone being charged with sex crimes is immediately ostracized from the community and considered guilty. This can make legal defense of such crimes difficult and it can also be very disheartening for those accused.  It is important to remember that accusations are not the end of the legal process and even if someone did something wrong that doesn’t mean they did everything they’re accused of.

Sex Crimes Defense | Utah Criminal Defense Attorney

If you or a loved one has been charged with a sex crime then it is important that you call the lawyers at Provo Criminal Defense. We know that you are innocent until proven guilty and we treat you as such. Furthermore, our attorneys are experienced in criminal defense and will work tirelessly to get you the best outcome available. Call or email us today to set up a free consultation.

The post Springville Man Acused of Sex Crimes appeared first on Provo Criminal Defense Lawyer | Utah DUI Attorney.

Utah Rape Laws

In Utah, rape charges are divided by age groups. The elements of a rape charge are pretty much the same but if the victim is under the age of 14 then the crime is considered rape of a child. As far as sentencing goes the biggest difference between the charges is that a child rape charge carries a minimum sentencing of 25 years imprisonment while a rape charge may carry a minimum sentence of 5 years if there was no serious bodily injury.

Utah County Criminal Defense Attorney | Sex Crimes Defense

If you or a loved one has been charged with a sex crime in Utah County then call the attorneys at Provo Criminal Defense. Our lawyers have worked on hundreds of criminal cases and they are familiar with the courts and prosecutors in Utah County. We can make sure that your rights are protected and that you obtain the best outcome available. Call us today to set up a free consultation, we can answer all of your questions and help you understand the legal process and what your options are. 801.800.8246

The post Previously Deported Man Arrested for Rape | Utah County Criminal Defense appeared first on Provo Criminal Defense Lawyer | Utah DUI Attorney.

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.

The post Landlord Accused of Sexually Assaulting Tenant appeared first on Provo Criminal Defense Lawyer | Utah DUI Attorney.

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.

The post Forcible Sexual Abuse of a Child Committed in Orem appeared first on Provo Criminal Defense Lawyer | Utah DUI Attorney.

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.

The post Provo Man Arrested on Suscpision of Sexual Assault appeared first on Provo Criminal Defense Lawyer | Utah DUI Attorney.

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.

The post The Appeal appeared first on Provo Criminal Defense Lawyer | Utah DUI Attorney.

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.

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