Posted on November 07,2024 in Sex crimes

It is normally illegal for adults to have sex with minors, however much the minor claims to have consented. This is because minors are deemed incapable of providing meaningful legal consent. However, it is easy to see where a law stating that no one over 18 years old can have sexual intercourse with anyone younger than 18 years old could have some unintended and severe consequences for high school sweethearts. That is where Romeo and Juliet laws come into play. Utah’s statutory rape laws are designed to prevent a grown adult from sleeping with a much younger person who is still a minor, not to make sex offenders of young people who turn 18 years old while dating a slightly younger teenager. If you are a young adult facing sexual assault charges, you need an experienced Salt Lake City, UT sex crimes defense lawyer.

When Both Parties Are Minors 

Charges are almost never brought when two teenagers have consensual sex with each other. If two minors are close in age, they are very likely protected by Utah’s Romeo and Juliet laws, especially if both parties are at least 15 years old. However, if one party is less than 15 years old, the older of the two could still be charged with a crime, even if he is still technically a minor himself. These laws are designed to prevent older teenagers from sexually exploiting younger children.

Continue Reading ››

 Posted on October 17,2024 in Criminal Defense

It is distressing to be arrested or accused of a crime, especially if it is your first time. With tensions running high, it can feel overwhelming as you try to learn about the stages of the criminal justice system, and you might have a hard time navigating your desire to be cooperative with your need to protect your rights. 

Depending on the details of your case, you might have to go through a stage called the pretrial conference, which can have a significant impact on your future. If you are facing a criminal process and have questions about what to expect, a skilled Salt Lake City, UT criminal defense attorney has answers.

What is a Pre-Trial Conference?

In misdemeanor and felony cases, the prosecutor and the defense attorney can meet outside court during what is called a pre-trial conference. They discuss the case and try to reach a deal that both can agree to in order to try to avoid going to trial. The defendant typically joins this negotiation, but it can happen without the defendant if that makes more sense for the case in question. The judge is not brought into the conversation unless the sides are unable to reach an agreement on their own.

Continue Reading ››

 Posted on October 04,2024 in Theft

In Utah, punishments for theft are generally based on the value of what was stolen. There are several categories of theft and various penalties each could face. However, even the lowest form of theft for the smallest amount is treated seriously. Additionally, the charges can remain on your criminal record with implications that can last far into the future. Make sure you have reliable legal representation, or the consequences could be dire. This article will explain some categories of theft in Utah. If you are facing theft charges, speak with a seasoned Davis County, UT criminal defense lawyer to learn more.

Embezzlement Charges in Utah

Embezzlement is when someone steals something that they were entrusted to manage. This can be the case when someone:

• Takes company money for personal use

Continue Reading ››

 Posted on September 23,2024 in Criminal Defense

While the majority of Americans never went to law school, a lot of us know about our "Miranda rights" because they are mentioned on TV practically every time someone gets arrested. If you have never been hauled into a police station under investigation, you may not understand why having the right to remain silent is useful in that situation. When the police consider you a suspect, it can be stressful and overwhelming, and you might think it would be in your best interest to act overly cooperative and answer any questions you are asked. However, the Miranda rights are there for a reason, and it is important to understand how and why you should protect yourself when you are questioned. If you are facing legal trouble, contact an experienced Salt Lake City, UT criminal defense attorney for guidance.

Continue Reading ››

 Posted on September 11,2024 in Sex crimes

Most people have heard of the sex offender registry, but if you have never been charged with sex crimes before, you likely do not know exactly what it entails. When your name appears on that list, you have to abide by serious limitations to what you can do and where you can go, and your name and reputation will be associated with the crime you allegedly committed. Fortunately, names do not necessarily need to stay on the registry permanently. This article will explain what happens when you are included in the sex offender registry and when you might be removed from it. To learn more, speak with a knowledgeable Salt Lake City, UT criminal defense lawyer.

Restrictions for Sex Offenders in Utah

When you are convicted as a sex offender, you are subject to various restrictions. Some of these include:

Continue Reading ››

 Posted on August 27,2024 in Criminal Defense

When parents get a divorce, it is natural for each to want as much time as possible with their child. If they cannot agree, things can turn ugly fast. Custody battles can be painful for everyone involved, but if you think the other parent could pose a danger to your child, be careful about how you react. You might think you should take your child when it is the other parent’s time with them or hide your child to keep them safe, but you could be accused of parental kidnapping, which can be traumatic as well as illegal. If you are facing these accusations, speak with an experienced Salt Lake City, UT criminal defense lawyer to learn more.

What Is Parental Kidnapping?

The Utah Department of Public Safety defines parental kidnapping, also called parental abduction, as when a child younger than 16 years old is taken away from one parent or legal guardian by the other parent without custody.

Continue Reading ››

 Posted on August 13,2024 in Drug crimes

If you are facing charges for intent to distribute drugs in Utah, you are probably worried and uncertain about what to expect. These are serious charges that can lead to big legal problems, but understanding what they mean and how you can defend yourself can help you deal with the situation better. Below is a simple guide to help you understand these charges. If you have further questions, ask an experienced Salt Lake City, UT criminal defense lawyer.

What Does "Intent to Distribute" Mean?

When you are charged with "intent to distribute" drugs, the authorities believe you were planning on selling or giving away drugs, even if you were not caught doing that. The charge is based on the idea that you had drugs and planned on handing them over to someone else. Factors that might lead to this charge include:

Continue Reading ››

 Posted on July 24,2024 in Criminal Defense

According to the Second Amendment in the U.S. Constitution, American citizens have the right to bear arms. This is a right that is held sacred by many. People often think they are entitled to purchase and possess a gun because that is what our constitution tells us. However, the Supreme Court has ruled that if someone has a restraining order against them, their gun ownership rights can be restricted. This article will review how someone’s gun ownership can be limited. If this issue affects you personally, speak with a qualified Davis County, UT criminal defense attorney to understand your options.

Protective Orders in Utah

Protective orders, otherwise known as restraining orders, can be issued when there are accusations of sex crimes, abuse, assault, harassment, or other types of problematic conduct. If someone gets a restraining order against you, you become limited in several ways. Restrictions are placed on where you can legally go because you must stay a minimum distance from the accuser. You may be prohibited from going to or near a school, business, home, or any other location considered at risk by your alleged harmful behavior. Depending on the complaint against you and your circumstances, you might be kept away from your home and children. A restraining order also prohibits you from contacting the accuser and possibly others.

Continue Reading ››

 Posted on July 09,2024 in Sex crimes

A flurry of new laws in Utah has many questioning whether criminal offenders are actually being held accountable or whether these new laws are adding to mass incarceration and prison overcrowding. These new bills include longer sentences for drunk drivers and the criminalization of "lewd" actions in public places. Many of the bills enhance existing penalties and fines, expand the definition of a current crime, and create entirely new criminal offenses.

Opponents of the bills believe these new laws are nothing more than a knee-jerk reaction to exaggerated concerns regarding crime and criminal offenses. The Justice Reinvestment Initiative in 2015 attempted to reduce penalties for nonviolent offenses. Part of the Initiative’s reasoning was that Utah’s jails would soon overflow if the state did not shift its focus to treatment and rehabilitation.   

Continue Reading ››

 Posted on June 20,2024 in Sex crimes

Being charged with a sex crime can be a distressing experience. Even when you know you are innocent and misunderstood, the legal authorities are convinced you are a criminal. When this happens, you need to ask yourself whether you would rather fight the charges and hope to be found innocent or enter into a plea bargain. Potential penalties for sex crime charges can be quite severe, so this is never an easy decision to make. If you are being accused of sex crimes, speak with an experienced David County, UT criminal defense lawyer to understand your options.

How Can You Decide?

The reasons why someone might choose to take a plea deal instead of pleading innocent in court vary, but some common reasons include:

• Financial cost: Trials can be very expensive, and plea deals tend to be much less costly.
• Lesser penalties: Plea bargains typically result in less severe charges and penalties. It is a bit of a gamble, but your options tend to be the following: go to court where you can be found innocent or guilty with charges and a sentence, or accept a plea deal where you cannot be found innocent but any charges and sentences will be much less severe. If the prosecution has a strong case against you, this can add to your motivation to accept a plea deal.

Continue Reading ››