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Mental Health Evaluations in Utah Criminal Defense
If you are charged with a crime in Utah, many factors can influence the outcome of your case. A judge will consider any criminal record, extenuating circumstances, and the severity of the crime before deciding about a conviction. As the defendant, your mental health is another very important factor that will help a judge make a decision.
Mental health evaluations are crucial in criminal defense because they can help determine whether the defendant was mentally stable at the time of the crime or should not be held responsible for his or her actions, whether the defendant is mentally fit to stand trial, and whether an alternative to a typical sentence is appropriate. To learn more about how a mental health evaluation can impact your case, speak with an accomplished Salt Lake City, UT criminal defense lawyer.
What is a Mental Health Evaluation?
If you undergo a mental health evaluation, a mental health professional, such as a psychologist or psychiatrist, assesses you and your mental state. The evaluator will examine how your mental health affects your decision-making and behavior. This evaluation is important in criminal cases if the defense wants to demonstrate that the defendant was suffering from mental health issues at the time of the crime or is unfit to stand trial. A mental health evaluation can accomplish several things, including:
How Does the State Know if You Intended to Distribute Drugs?
Simple drug possession is usually a much less serious charge than possession with intent to distribute. Simple possession means having drugs that you intended to use yourself. Possession with intent to distribute means the state thinks you planned to share or sell the drugs. It is a more serious offense that is more likely to get you sent to prison if you are convicted. Courts sometimes see people who had drugs for personal use as addicts who need help, but view drug distributors as a danger to the community. If you have been charged with possession with intent to distribute, you need an experienced Salt Lake City, UT drug crimes lawyer right away.
Telling the Difference Between Possession for Personal Use and Planning to Distribute
Since the court cannot read your mind to tell whether you planned to distribute the drugs to other people, but the prosecutor does have to prove it, the state will use several factors to determine what you intended to do with the drugs. A few factors the state might use to show that you intended to distribute the drugs include:
Does Utah Have Romeo and Juliet Laws?
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.
What Happens in a Pre-Trial Conference in Utah?
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.
Four Types of Theft in Utah
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
Exercising Your Right to Remain Silent in a Utah Criminal Case
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.
How Long Will I Stay on the Sex Offender Registry in Utah?
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:
Parental Kidnapping in Utah Custody Battles
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.
Charges for Intent to Distribute Drugs in Utah
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:
Gun Ownership Restrictions and Restraining Orders
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.
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