Double jeopardy applies only if the underlying court had subject matter jurisdiction.

Ian Summerhays allegedly violated a protective order by contacting his ex-wife through a text message. The prosecutor charged the two counts of violating a protective order as class B misdemeanors. Mr. Summerhays pleaded guilty to one of the counts and started his ten-day jail sentence. He appealed his conviction to the district court and argued that the justice court lacked jurisdiction to adjudicate the charged offenses. Mr. Summerhays argued that violation of a protective order is classified by statute as a class A misdemeanor, and justice courts have no jurisdiction to consider any criminal charge above a class B misdemeanor. The district court agreed and thus vacated his conviction, dismissed the case, and released him from jail.

South Jordan City filed a new information against Mr. Summerhays, and they correctly charged the violations as class A misdemeanors and filed the case in district court. Mr. Summerhays moved to dismiss the charges and argued that the Double Jeopardy Clause prevents him from being twice put in jeopardy of punishment for the same crime. However, the district court ruled that jeopardy did not attach in the justice court since the justice court did not have subject matter jurisdiction in the original action. Mr. Summerhays then took an interlocutory appeal to the Utah Court of Appeals.

The Fifth Amendment to the United States Constitution says that no person shall “be subject for the same offence to be twice put in jeopardy of life or limb.” On appeal, the question was whether jeopardy attached during Mr. Summerhays’ initial prosecution in justice court. If jeopardy did attach, then the question was whether the city was barred from refiling the charges against him in district court. Thus, the court looked at when and in what circumstances jeopardy attaches to a defendant.

The court discussed that when a criminal defendant was never tried by a court of competent jurisdiction, retrial is appropriate and does not violate the Fifth Amendment. That means Mr. Summerhays was never in jeopardy because the justice court lacked jurisdiction over the offenses charged, since the charges were beyond the scope of the justice court. In conclusion, the Double Jeopardy Clause affords Mr. Summerhays no protection against retrial, but he is entitled to credit for time served on any sentence should he be convicted.

The post Does Double Jeopardy Attach When the Underlying Court Lacked Jurisdiction? appeared first on Provo Criminal Defense Lawyer | Utah DUI Attorney.

Juvenile Charges in Utah County

Almost every week we receive phone calls from parents in Utah with children facing juvenile charges in Utah County and the parents can’t believe the potential consequences. Utah County prosecutors are not going as easy on kids these days. In the past we have defended teenagers and children in all types of cases including assault, theft, alcohol issues, drugs, sexual offenses, and more. Recently it seems we have been getting more calls than ever. While some juvenile cases are no doubt justified, I would suggest at least half of the cases we see could and probably should have been resolved without the police becoming involved. More parents need to take responsibility for their own children and work with other parents to resolved conflicts.

The Juvenile Process

In some cases, we have been successful in having charges dismissed or resolved outside of the court system. For kids who find themselves getting kicked through court, they should be represented by an attorney with knowledge of the juvenile process. The court system for kids is similar to that of adults with a few notable exceptions. First, parents get to participate in the case and be present with the children through the proceedings. Second, punishments are often different and not as severe (although in some cases like marijuana charges the penalties seem typically worse than what adults receive). Third, the juvenile probation system works much differently than adult probation. There are several other key difference so if your child is charged with a crime, call and speak with a Provo Juvenile Defense Attorney at our firm right away. More information on the juvenile court process can be found here, we look forward to helping.

The post More Teens Facing Charges Instead of School Discipline appeared first on Provo Criminal Defense Lawyer | Utah DUI Attorney.

There are two main branches of law in Utah, criminal law and civil law.  Criminal law is the laws governing behaviors that are prohibited by society and the punishments for violations of those laws.  Private individuals don’t bring criminal charges against violators of the law; instead, the ability to charge a person with violation of a criminal law is given to state officials such as county and city prosecutors. Besides fines, the main punishment for violation of a criminal law is jail or prison.  Civil law is the laws allowing individuals to seek redress for private wrongs committed against them.  For example, if two people make a contract with each other and one of them violates the contract, the other person can ask a court to fix the violation by awarding the non-violating party money.

Sometimes criminal and civil law overlap.  Assault can be charged as a criminal charge or a private person can sue another person for assault under civil laws.  Retail theft, more commonly referred to as shoplifting, is another law where there are both criminal and civil penalties.

Shoplifters are Civilly Liable to Stores for Theft

Shoplifting violations occur in Provo and Orem when someone takes property from a store without intending to pay for the property.  Shoplifting is usually charged as a class B misdemeanor which can result in a 180 days in jail and $1,000 fine.  The criminal penalties are better know and understood than the civil penalties.  Utah Code § 78B-3-108 makes a shoplifter civilly liable to a retail store for the crime of retail theft.  This law allows the retail store to receive damages for the theft.  Damages are the monetary losses suffered by the store as a result of the crime.  Utah Code § 78B-3-108 also makes the shoplifter responsible to pay a penalty, courts costs, and attorney fees.  The stores receives this money whereas in a criminal case the fine would be paid to the court.

Even though a person who shoplifts is liable to pay the store for the crime, he or she is not obligated to do so until the store receives a judgment against the person.  This requires the filing of a lawsuit and a judge ordering the person to pay.  However, most stores do not follow this course of action.  Instead, the store will send a demand letter requesting that the person pay so the store will not have to file a lawsuit.

Contact a Provo Orem Area Lawyer

If you have been charged with shoplifting in the Provo and Orem area, and you have received a demand letter from the retail store, call us to speak with a lawyer today.  Our lawyers will help you with both your criminal and civil cases related to the theft.  Call 801.800.8246 to speak with us today.

The post Civil Penalties for Shoplifting Cases in Provo & Orem appeared first on Provo Criminal Defense Lawyer | Utah DUI Attorney.

Background of Allegations

The prosecution alleges Dr. MacNeill was living a double life. On the surface he appeared to be an accomplished physician and lawyer but behind closed doors he was engaged in multiple affairs and fought regularly with his wife the former beauty queen. Dr. MacNeill allegedly convinced his wife to undergo a face lift. Soon after the procedure, Mrs. MacNeill was founds dead in her bathtub with several medications including oxycodone in her system. Initially, the autopsy concluded the cause of death was cardiac in nature but was later amended to include drug toxicity and was categorized as undetermined. Daughter’s of Dr. MacNeill apparently believe he killed their mother and pushed the issue with prosecutors.

Trial Procedure

Currently the trial is in full swing with experts and several witnesses testifying for the prosecution. Dr. MacNeill’s daughters testified and were cross examined by the defense. Additionally, Dr. MacNeill’s mistress testified on behalf of the prosecution. Recently, the judge ruled former inmates with D.r MacNeill may testify as to statements the Dr. may or may not have made while he was previously incarcerated. Several other motions have laid the out the rules for what testimony is admissible etc.

Updates

Check back for updates as we will continue to post as new developments in the case come up. It will be interesting to see how the defense responds to the testimony of the former inmates and whether or not a jury will find their testimony credible. It will also be interesting to see what witnesses are called on behalf of the defendant and what tricks, if any, the defense has up their sleeve.

The post The Dr. Martin MacNeill Murder Trial appeared first on Provo Criminal Defense Lawyer | Utah DUI Attorney.

We get calls all the time from individuals who are being investigated for various criminal charges throughout Utah.  Sometimes they have already spoken to the police, have made admissions, and otherwise helped law enforcement make a case against them. Other times they haven’t said a word to the law enforcement and want an attorney to protect their rights immediately so the police will stop harassing them with phone calls.

If you are being investigated by law enforcement lawyer up!  It’s seriously the smartest thing you can do.  Law enforcement has a job to do, and that is to gather as much evidence in support of criminal charges against you as possible.  That means you need protection the second you know you are being investigated.

Staving Off More Serious Charges

Let’s say you have committed a crime, you know there is plenty of evidence against you, and law enforcement probably already has that evidence.  You still need legal representation.  We have found that prosecutors, even if they have overwhelming evidence against a defendant, are still willing to work with the defendant’s attorney even before filing charges in hopes of reaching a resolution that everyone can live with and it makes a lot of sense in many cases.  In such cases we have had a lot of success in convincing the prosecutor to file less serious charges than previously planned.

If you are being investigated for a crime, contact our Provo criminal defense law firm and let us know what’s going on.  Depending on the facts of your case we may advise you to keep quiet and lie low.  We may advise you to let us contact the district attorney on your behalf to see whether we can stave off the charges.  If there is already a warrant issued we may advise you to turn yourself in.  Whatever your case you will get the best legal representation from our experience defense lawyers.

Call us anytime so we can get to work on your case.  801.900.3737.

The post Prefiling Negotiations 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.

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.

Utah County Criminal Defense Attorney

Although, this offense classification system can be explained quite simply here in this blog, the use of this jargon and how it effects the filing of charges, settlement, and negotiation process can be much more complicated.  Because of these complexities it is important to have an attorney help you sail the uncharted legal waters that you may be facing. Call Provo Criminal Defense today to set up a free consultation, and see what we can do for you.

The post Utah Criminal Penalties 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.

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.

The post Provo Shoplifting Attorney | Retail Theft Defense Lawyer appeared first on Provo Criminal Defense Lawyer | Utah DUI Attorney.

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.

The post Utah Drug Free Zone Penalty Enhancement for Illegal Drug Crimes appeared first on Provo Criminal Defense Lawyer | Utah DUI Attorney.