Category: Attorney

Preventing Criminal Charges

Recently KSL released an article based on Utah Drivers. By avoiding these common mistakes you can stay out of court.

Memorial Day marks the beginning of the ‘100 Deadliest Days’ for travel on Utah roadways. This means from Memorial Day to Labor Day deadly crashes nearly double compared to the rest of the year. Making summer the deadliest time to drive in Utah. With 94 percent of all deadly crashes being caused by people making bad choices – learn from the below mistakes and don’t be one of them.

Here’s the list of all-too-common mistakes and what NOT to do while driving this summer:

Text / email / tweet / post / snap … while driving

And the distracted driver thinks he/she is driving like this:

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When in reality their driving looks more like this:

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And in all seriousness, last year distracted drivers killed 27 people and seriously injured 147. Multi-tasking is a myth, you’re either driving or you’re texting, but you can’t do both. Don’t be the idiot on the road this summer, choose to drive focused.

Not signaling a turn

Assuming other drivers will see you and understand your intentions, is never a good game plan. Turn signals are the original instant message of driving. Use them!

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Merging into a lane without bothering to see if anyone is already there, or without checking blind spots

This is especially dangerous if a motorcycle or bike happen to be in your blind spot. Always look twice before switching lanes or turning.

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Pulling over and stopping on the left side of the freeway near the fast lane

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Remember drivers, if you get clipped by a car going 70 mph it’s what we call a serious crash. The best place to pull over is off the freeway. But if you can’t make it that far, settle for the far right shoulder.

Getting out of a vehicle on a busy freeway

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If you get hit by a car on the freeway, as a pedestrian, your chances of survival are slim to none. So if you’re stalled on a busy freeway, stay in your vehicle buckled and call 911.

Driving drunk, buzzed, high or impaired in any way

via GIPHY

The choice to drink and then drive is selfish and deadly. Call an uber, get a cab, call a friend or sleep it off. AND make sure your friends do the same.

Paying more attention to the party in the car than what’s happening on the road

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Bet you didn’t know this: The two biggest distractions on Utah roads are cell phones and passengers. So stop distracting your driver.

Driving more asleep than awake

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Only a microsecond of sleep can spell disaster. If you’re tired, pull over or switch drivers.

Instead of missing the exit … you turn into a crazy person and cut everyone off

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Just don’t. If you can’t safely make the exit: take deep breaths and take the next exit. Being involved in a crash isn’t worth it.

Tailgating … tailgating … tailgating!

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Tailgating is bullying, no one likes a bully … don’t be a bully.

Speeding

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One of the key reasons so many crashes are deadly in summer is because drivers are more likely to speed. Why, you say? Well when roads are clear and dry, more drivers think “it’s okay” to disregard the speed limit. Speed limits were set for a reason.

Not wearing a seat belt

via GIPHY

Why is this still an issue? Buckle up or don’t drive. Seat belts save lives.

Don’t choose this:

via GIPHY

To learn more about what you can do to protect yourself and your family from a deadly crash this summer, visit http://ut.zerofatalities.com/100-deadliest-days/. Don’t let your summer memories end in tragedy. Drive smart. Drive safe. Make Zero Fatalities your goal.

SOURCE: KSL

If an arrest has happened one may be unsure of what processes one will be facing in the near future. The next couple of months the most important information to remember is the timeline. DUI Defense Attorney American Fork and DUI Defense Attorney Ogden are experienced Utah DUI or Metabolite DUI Attorney’s.

Drivers License Privileges are COMPLETELY SEPARATE from the criminal case. The DL Division may be suspended or revoked the license. If you want to keep your License you must contact the Drivers License division within ten days of the arrest in writing. This has to be done in writing.  Call an American Fork DUI Lawyer, Salt Lake City DUI Lawyer or Ogden DUI Lawyer

Dui in Utah is tricky and with some expertise from an American Fork Criminal Defense Attorney, Salt Lake DUI Attorney an Ogden Criminal Defense Attorney one will successfully navigate the charges faced. Contact Stevens Gailey Today.

Utah Domestic Violence Coalition advocates for two proposed bills

Fox 13 News Reports:

Source: Fox13 News SALT LAKE CITY — Survivors of domestic violence are sharing their stories and hoping Utah lawmakers will pass two bills to advocate for victims.

Sarah Larsen, a domestic abuse survivor, said it’s an issue that often doesn’t get the attention it deserves.

“I feel like there’s such a stigma, there’s so much shame that’s attached to it, it’s hidden and at times out here in Utah too it sometimes gets shoved under the rug a little bit,” she said. “People don’t want to see it’s going on in their community.”

Advocates and survivors are hoping to raise awareness on what the Utah Domestic Violence Coalition is calling an epidemic.

“Since the year 2000, at least 42 percent of all homicides in Utah have been domestic violence related, so we’re really here just to get awareness out,” said Cly’ta Berg, Chair of the Utah Domestic Violence Coalition.

Larsen said victims of domestic abuse often conceal the signs.

“There’s such a fear that goes along with this, and so you’re able to cover it, and you hide it from your family members and from people who are close to you,” she said. “You just know how to hide it from them.”

Survivors are pushing for lawmakers to pass two bills.

One is a bill sponsored by House Minority Leader Brian King, D-Salt Lake City. His bill would restrict access to firearms for anyone convicted of domestic violence.

The second is a bill from Rep. Lowry Snow, R-St. George, that would make it so strangulation is included in the definition for the crime of aggravated assault. Utah is one of nine states without a strangulation law in effect.

“A police officer cannot physically hold the person, but if you are in a domestic partnership, they can strangle you,” Berg said. “So it’s against the law for a police officer, but a civilian you can.”

The Utah Domestic Violence Coalition is also asking for $939,000 from the state to expand the Lethality Assessment Program.

The program is protocol based. Victims answer a series of questions to show the severity of violence they are facing. It also gives officers standard training on how to refer victims to help.

“I think for those people who have loved ones who are in this situation: Don’t be so quick to judge,” Larsen advised. “I’ve had people say, ‘Just leave. Get out.’ But it’s not that easy.”

Support is available 24/7 in Utah for those dealing with domestic violence. Visit the Utah Domestic Violence Coalition online or call 1-800-897-5465 for resources and assistance. In an emergency, dial 911.

 

Source: Fox13 News

 

If you have been accused of protective order violation in Utah, you should strongly consider speaking with criminal attorneys Ogden  about criminal law Ogden. Further, Ogden Criminal defense is an experienced Criminal Defense Attorneys in Provo Utah can assist you in understanding all of your alternatives. The best criminal defense attorneys in Ogden or best criminal defense attorney in Lehi can help with your case. The best criminal defense attorney in Lehi or Ogden criminal defense attorney Stevens can help if you are faced with a Protective order violation. Ogden Criminal Defense is here to help. Ogden Criminal Lawyer, Vince Stevens can help. HD Gailey lawyers in American Fork are the best criminal defense attorneys Ogden.

Charged with Forgery and Fraudulent ID

What does it mean to be charged with Forgery

When you are faced with a forgery charge you may be confused by what is actually happening and how it occurred. If you were charge with Forgery it is believed that you may have:

  • Presented, transferred, signed or altered any writing with someones  name other than yours.
    • Example: Cashing a check at the back or depositing a check into your account.
  • Altered the time that a document was signed or changing the date on a signed document.
    • Example: Changing the dates and times to reflect an earlier or later acquisition of a sale for a higher commission rate. Changing the date on a divorce decree to gain extra alimony.
  • Changing the documents in another way after it is signed, (adding pages in taking pages out).
    • Example: You alter the amount on a check and do not have permission on the account to do so. Take out important pieces of an inheritance document and file it with the courts. Add in specific clauses to a document with business clients holding them liable.
  • Creating documents that are not real.
    • Example: You create a document like a stock certificate, house deed, property documents, car and atv documents.
  • Presenting a fake document through presentation, transferring the forged item.
    • Example: Creating a bank check and cashing it. Stealing a check from a relative and using it to pay for car repairs by signing the bank account owners name and not your own.
  • Any document is altered or signed or using stamps, seals or using checks, bank checks, credit cards, paper money.

Further, if it is discovered that you intended or knew you were fraudulent and intended on injuring another person to get money or receive pieces of property, vehicles or otherwise and keep it or sell it. The state of Utah recognizing that injury is the loss of monetary value through items, legalities or any kind of financial damage.

In the state of Utah Forgery is considered to be a felony (third-degree) and could land you in prison for up to 5 years and you will also have to pay a hefty fine up to $5000.

 

What happens if you are accused of having false identification:

If you have been accused of committing false identification through production or transferring documents it is most likely true that:

  • You did so knowingly use or present it without permission from the original ID card holder.
  • You sold or transferred (gave it to someone) knowing that it was stolen or made illegally.
  • You make false ID cards and sell them, or help others create ID features on the cards such as a seal or state approved form. Bar codes, and card features such as the holographic seal are included.
  • In Utah the above mentioned action of having or producing false ID is a felony ( Second Degree) and could land you in prison for 1-15 years. There is also a substantial fine up to $10,000.

If you own a device for forgery or have forged documents it is considered a third degree felony.

  • If you know that a device is used to make documents illegally such as a printing plate or stolen identification to make templates you could be sentenced to jail up to 5 years and receive a fine up to $5000

If you have been accused of theft, shop lifting , retail theft , theft by deception , fraud , forgery  , car theft, insurance fraud, identity theft , identity fraud  in Utah, you may want to speak with criminal attorneys Ogden  about criminal law Ogden. Further, Ogden Criminal defense is an experienced Criminal Defense Attorneys in Provo Utah can assist you in understanding all of your alternatives. The best criminal defense attorneys in Ogden or best criminal defense attorney in Lehi can help with your case. The best criminal defense attorney in Lehi or Ogden criminal defense attorney Stevens can help if you are faced with a Protective order violation. Ogden Criminal Defense is here to help. Ogden Criminal Lawyer, Vince Stevens can help. HD Gailey lawyers in American Fork are the best criminal defense attorneys Ogden

 

What To Do When Accused

Been accused of shoplifting:

The owner of the store does have the right to keep you there and they can and most likely will keep you there whether you are guilty or not. Normally they will take you to a back area of the store and keep you there for a short period of time.

One of the tactics owners and loss prevention try is to ask you where the merchandise is. They may also try questioning you with or without the police. They may ask where the original tags are if you are accused of changing tags to reflect a discounted price.

They will most likely try to search your purse or your clothing. You should not consent to the search of your property.

They may or may not call the police depending on the price of the item’s value.

If the police are called there is a good chance that the store will issue a no trespass against you. This means that you can no longer visit that store unless the store lifts the no trespass order against you.  If you return to the store it could end up in criminal charges against you for violating the request to not trespass.

 

If you are caught and not sure what to do:

While detained you will be questioned.

You do have a right not to answer.

You could say a polite answer such as: “I am invoking my right to remain silent and I do not consent to a search of any kind. I would like an attorney present with me for questioning.”

This is where having a good criminal defense attorney becomes important and recommended.

If the police do arrive and decide to arrest you an attorney may be able to help you fight the case of offer advise

It is important to understand that most shoplifting cases will go through the city where the store was located and be serviced and sentenced in that city. However, if there are several theft cases it may be enhanced to a felony status and be held in the district court.

Three things to do if you are accused or caught

  1. Remain Silent
  2. Do not consent to a search of any king
  3. Ask for an attorney to be present.

Possible Punishment may be:

Click Here for : Utah Code Ann. § 76-6-404

Theft of property and services as provided in this chapter is punishable:

(a) as a second degree felony if the:

(i) value of the property or services is or exceeds $5,000;

property stolen is a firearm or an operable motor vehicle;

(iii) actor is armed with a dangerous weapon, as defined in Section 76-1-601, at the time of the theft; or(iv) property is stolen from the person of another;
(b) as a third degree felony if:(i) the value of the property or services is or exceeds $1,500 but is less than $5,000;(ii) the actor has been twice before convicted of any of the offenses listed in Subsections (1)(b)(ii)(A) through (1)(b)(ii)(C), if each prior offense was committed within 10 years of the date of the current conviction or the date of the offense upon which the current conviction is based and at least one of those convictions is for a class A misdemeanor:

(A) any theft, any robbery, or any burglary with intent to commit theft;

(B) any offense under Title 76, Chapter 6, Part 5, Fraud; or

(C) any attempt to commit any offense under Subsection (1)(b)(ii)(A) or (B);

(iii) in a case not amounting to a second degree felony, the property taken is a stallion, mare, colt, gelding, cow, heifer, steer, ox, bull, calf, sheep, goat, mule, jack, jenny, swine, poultry, or a fur-bearing animal raised for commercial purposes; or

(iv)
(A) the value of property or services is or exceeds $500 but is less than $1,500;

(B) the theft occurs on a property where the offender has committed any theft within the past five years; and

(C) the offender has received written notice from the merchant prohibiting the offender from entering the property pursuant to Section 78B-3-108;

(v) the actor has been twice before convicted of any of the offenses listed in Subsections (1)(b)(ii)(A) through (1)(b)(ii)(C), if each prior offense was committed within 10 years of the date of the current conviction or the date of the offense upon which the current conviction is based and the value of the property stolen is or exceeds $500 but is less than $1,500; or

(vi) the actor has been previously convicted of a felony violation of any of the offenses listed in Subsections (1)(b)(ii)(A) through (1)(b)(ii)(C);

(c) as a class A misdemeanor if:

(i) the value of the property stolen is or exceeds $500 but is less than $1,500;

(ii) (A) the value of property or services is less than $500;

(B) the theft occurs on a property where the offender has committed any theft within the past five years; and

(C) the offender has received written notice from the merchant prohibiting the offender from entering the property pursuant to Section 78B-3-108; or

(iii) the actor has been twice before convicted of any of the offenses listed in Subsections (1)(b)(ii)(A) through (1)(b)(ii)(C), if each prior offense was committed within 10 years of the date of the current conviction or the date of the offense upon which the current conviction is based; or

(d) as a class B misdemeanor if the value of the property stolen is less than $500 and the theft is not an offense under Subsection (1)(c).

(2) Any individual who violates Subsection 76-6-408(1) or Section 76-6-413, or commits theft of property described in Subsection 76-6-412(1)(b)(iii), is civilly liable for three times the amount of actual damages, if any sustained by the plaintiff, and for costs of suit and reasonable attorney fees.

You need to be aware that these charges could have a negative effect on your life including losing your job, certifications, licenses issued by state and federal governments. You may be prohibited from employment in dealing with any financial funding such as banks, loaning agencies and securities.

If you have been accused of theft, shop lifting , retail theft , theft by deception , fraud , forgery  , car theft, insurance fraud, identity theft , identity fraud  in Utah, you may want to speak with criminal attorneys Ogden  about criminal law Ogden. Further, Ogden Criminal defense is an experienced Criminal Defense Attorneys in Provo Utah can assist you in understanding all of your alternatives. The best criminal defense attorneys in Ogden or best criminal defense attorney in Lehi can help with your case. The best criminal defense attorney in Lehi or Ogden criminal defense attorney Stevens can help if you are faced with a Protective order violation. Ogden Criminal Defense is here to help. Ogden Criminal Lawyer, Vince Stevens can help. HD Gailey lawyers in American Fork are the best criminal defense attorneys Ogden

Utah Laws May Change Regarding DUI

 

Utah is no exception to DUI Blood Alcohol Concentration laws. In Utah they current BAC is .08. Lawmakers are looking at a change to .05. In a Fox 13 News Story:

SALT LAKE CITY — A state lawmaker is proposing a bill that lowers Utah’s blood alcohol concentration level for a DUI from .08 to .05.

Rep. Norm Thurston, R-Provo, plans to introduce the bill in the upcoming legislative session.

“This helps send that message to people, don’t drink and drive. There is no safe level of drinking and driving,” Rep. Thurston told FOX 13 on Friday.

Rep. Thurston’s bill would make Utah the first in the nation to lower its BAC level. He said .05 DUI rates exist in countries across Europe, Africa and Asia. He also pointed out that countries like the Czech Republic and Hungary have a .00 limit for drivers.

“You don’t want people at .07 driving. You don’t want people at .05 driving. In reality,you don’t want people lower than that driving because they are starting to be impaired as low as .02 or .03,” he said.

The bill is expected to be controversial in the Utah State Legislature, despite lawmakers’ consistent support for liquor control legislation. Rep. Thurston said he was looking out for public safety and not targeting liquor.

Already, some groups have vowed to fight it. Connor Boyack, the president of the libertarian think tank Libertas Institute, posted on Twitter that his group would oppose it.

 

If an arrest has happened one may be unsure of what processes one will be facing in the near future. The next couple of months the most important information to remember is the timeline. DUI Defense Attorney American Fork and DUI Defense Attorney Ogden are experienced Utah DUI or Metabolite DUI Attorney’s.

Drivers License Privileges are COMPLETELY SEPARATE from the criminal case. The DL Division may be suspended or revoked the license. If you want to keep your License you must contact the Drivers License division within ten days of the arrest in writing. This has to be done in writing.  Call an American Fork DUI Lawyer, Salt Lake City DUI Lawyer or Ogden DUI Lawyer

Dui in Utah is tricky and with some expertise from an American Fork Criminal Defense Attorney, Salt Lake DUI Attorney an Ogden Criminal Defense Attorney one will successfully navigate the charges faced. Contact Stevens Gailey Today.

Source: Fox 13 News NOW

Domestic Violence On The Rise

Domestic Violence is on the rise in Utah. If you have been charged with this crime or are a victim and seeking assistance for a protective order it is important to understand how common these charges have become. Below is a link to ABC 4 video report on the awareness and domestic violence trends.
According to ABC 4 News-
SALT LAKE CITY, Utah (ABC 4 UTAH) – All month, the nation celebrates Domestic Violence Awareness month, but here locally, that celebration is short-lived.  Over the last ten years, 30% of homicides nationwide are because of domestic violence.  Utah is much higher at 42%.
“The last time he almost killed me in front of my daughter,” said Deanna Walker from Private Violence.
Domestic violence does happen, usually to women and kids.  A Sundance film called “Private Violence” sparked national conversation.  In Utah, domestic violence happens more often compared to the national average.
 
“We have really high rates of domestic violence, really high rates of sexual assault, and exceptionally high rates of domestic violence homicide,” said Utah Domestic Violence Coalition Executive Director Jenn Oxborrow.
 
Last year, 20 Utah homicides connected to domestic violence.  So far this year, 30 domestic violence deaths.  We still have three more months to go.  
 
“I think there’s a lot of pressure on families to keep this private, work with their faith leaders, work with community partners to resolve it,” said Utah Domestic Violence Coalition Executive Director Jenn Oxborrow.
 
But Oxborrow says obviously that isn’t working.  She says getting police agencies and first responders asking the same eleven questions trained victim advocates ask possible domestic violence victims, is working.  Their answers can prompt police to connect them with services.
“Implementing this protocol, that in 30 other jurisdictions across the country, within five years, they’ve seen a downtrend in domestic violence homicides,” said Oxborrow.
As more agencies get the training necessary, Oxborrow hopes more victims can get help.  They’ll break through the cultural acceptance of a private, family problem to a serious life-threatening criminal offense.
Changing that stigma on the court-level is the premise of “Private Violence.”
That’s why Oxborrow and other advocates ask the governor and the legislature to change laws, implement harsher penalties, and provide funding for services.
 
You can watch a screening of “Private Violence” Monday night at the West Valley City Police Department.
For a complete list of all the screening opportunities across the state, click here.
Source: ABC 4 News
If you have been accused of protective order violation in Utah, you should strongly consider speaking with criminal attorneys Ogden  about criminal law Ogden. Further, Ogden Criminal defense is an experienced Criminal Defense Attorneys in Provo Utah can assist you in understanding all of your alternatives. The best criminal defense attorneys in Ogden or best criminal defense attorney in Lehi can help with your case. The best criminal defense attorney in Lehi or Ogden criminal defense attorney Stevens can help if you are faced with a Protective order violation. Ogden Criminal Defense is here to help. Ogden Criminal Lawyer, Vince Stevens can help. HD Gailey lawyers in American Fork are the best criminal defense attorneys Ogden.