Category: Ogden

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.

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

Felony and Misdemeanor DUI

Being charged with a DUI in the state of Utah can be a little unnerving and it requires some experienced legal counsel if you choose to be represented. Utah has very firm penalties for DUI cases. You can be charged with a DUI in both state or district courts. Conviction rates are very high in this state. When you are charged it does not mean that you have been convicted. There are misdemeanor and felony charges for driving under the influence. The penalties for both are very different. Drunk driving defense

A good attorney will help you in your case to represent you and prove your innocence. They can also help limit or find the best outcome by working with the prosecutor before a plea or conviction is accepted. Your American Fork Criminal Defense Attorney or Ogden Criminal Defense Attorney is knowledgeable and can fight for your rights. Have a strong defense is your best bet when you are charged with a DUI. Dui attorney utah

In Utah the criminal code is set up to categorize different crimes into classes of felonies and misdemeanors. The greater offense would be a felony and they carry heavy sentences and sometimes will have longer jail or prison sentences than a misdemeanor. The courts consider history and impact or injury in each case. The severity or the crime will determine which class the DUI will call into. The more severe the injuries the greater the chance for a felony DUI. Dui attorney utah

There are certain criteria that can change a misdemeanor DUI to a felony by a process called upgrading. This includes prior offense. After (3) DUI offenses a misdemeanor DUI may become a felony. Victims of your DUI dying from injuries sustained in the accident or any history of death by vehicle including homicide. A conviction history becomes a key player in your case. The more DUI offenses you have the more likely your current charges are to be upgraded or enhanced. Salt lake city dui attorney

Some of the penalties for a felony could include jail from 2 months to 5 years in prison. Fines from $2700-$9000, treatment program participation, probation and loss of driving privileges. Dui attorney utah

Felony and Misdemeanor DUI

Misdemeanor DUI charges involve cases where there were not as severe circumstances. They can include some very serious consequences. The laws are specific on repeat offenders. It is imperative to avoid conviction on and DUI.  There is a sentencing hearing that is for less serious criminal offenses. These sentences include jail time. As little as 48 hours and some times up to 10 days on your second offense. The maximum jail sentence is often 6 months in the county jail. All DUI sentences will include some type of fine and most likely a suspension to the driving privileges. Best criminal defense attorneyBest criminal defense lawyer

The first time could have a suspension from 120 days to two years and after your second offense your license could be suspended for up to two years. Fines range from approximately $1400-$1900 and sometimes include additional fines and fees. Probation may be a term of your sentence and first offenders can get lessened probation. Repeat offenders may be placed on supervised probation. Utah criminal defense attorney

Prime for Life classes have been tested to help assist and reduce the chances of repeat offenders. Utah imposes screenings for drug and alcohol. This may be in combination with classes for drug and alcohol abuse. Convicted offenders are required in Utah to attend the classes in an effort to limit the risk of repeating DUI behaviors. Utah attorneys

American Fork Criminal Defense Lawyer Ogden Criminal Defense Lawyer Salt Lake City Criminal Defense Lawyer at Stevens and Gailey are here to help you through your DUI.  Call us today for your Free Consultation.

If you have been accused of DUI, Felony DUI, Metabolite DUI, First DUI, Driving While Impaired, Drivers License Violation, Driving on a Suspended Liscense, Third DUI, Multiple DUI, DUI Offense, felony charges, misdemeanor charges  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, DUI Attorney Salt Lake, DUI Attorney Utah, DUI Attorney, DUI Attorney Utah County, DUI Attorney Ogden, DUI Lawyer Utah, Lawyer DUI Utah, Lawyer DUI Salt Lake, Lawyer DUI Ogden, Lawyer DUI American Fork. 

Theft In Utah

Theft Charges Utah

In Utah, the law reads:

A person commits theft if he obtains or exercises unauthorized control over the property of another with a purpose to deprive his thereof.

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.

In essence, Utah considers theft charges if you take something of another person, family member, business or the like. The act of keeping it, selling it or not returning it constitutes theft.

Further, there are other theft charges that may be assessed (Click on the link For Utah Code) which can include:

 

Penalties You May Be Facing

In all states there are criminal penalties codes. In Utah, just as in other states, there are penalties, fines and punishments set according and determined primarily by the value of what was stolen. Utah is unique in the respect that they also classify some of the theft cases by looking at what the actual property or item was that happened to be stolen or procured. In fact, in Utah you can be charged with a felony regardless of the value of the item due to the actual classification.

Utah Code: 76-6-412 States:

 

 

A law unique to Utah also includes the civil penalties. A shoplifter can be required to pay the shop owner. This could include:
What Penalties Can Be Assessed Civilly?

  • Paying for damages by being required to pay the retail price of items not returned in good condition to sell.
  • Penalized for the amount of the retail price cannot to exceed $1000
  • Court Imposed Penalty = $100-$500
  • Attorneys Fees= provided the owner had to file the court case to get their property or money back and incurred fees.

A lesser known part of Theft Charges is that minors who commit acts of shoplifting or theft can have repercussions on the minors parents. The responsibility for the parents of the minor can include:

  • Retail price of the item stolen
  • Court Determined =$50-$500

 Click Here to Read More : Utah Code Ann. § 78B-3-108

 

Civil Damages In Utah

There are civil damages in Utah that may be asked for or awarded. This means that the victim is actually able and entitled to three times the actual damage. If damages either physically or monetarily were taken, demonstrated or acted against a person it will be determined eligible for reimbursement of any and all damages sustained during the theft. It will also be eligible for the victim to ask for attorney fees and costs. Click on these links to read more about:

 

 

 

Prior Convictions And Their Effects On Future Cases

Utah Has a rule that if you have offended in the previous 10 years or been convicted on two separate cases of any theft, burglary with intent to defraud, rob or commit these acts it will become a third degree felony to commit another crime. Read Here: Utah Code

 

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

Identity Theft Utah

Identity Theft Utah

 

Every state has laws about Identity Theft. Utah is no exception. It is a crime to use the identification including the use of personal identifying information to commit crimes. There are two laws that discuss identity theft.

Identity Fraud

In Utah, anyone who steals or otherwise obtains another individuals information and then uses it while knowing it was not their own has in fact committed identity fraud. Identity fraud also includes the attempt or actual acquirement of goods, employments, credit, medical and many other things that can be done to create or obtain valuable items or status.

If we look at what personal identifying information is it may help you better protect it.

  • Name or Maiden Names
  • Employment
  • Mothers and Fathers Maiden Names
  • State Id and Drivers License Information
  • Birth Date
  • Photos
  • Profile information
  • Banking and Financial History
  • Social Security Cards

 

 

A third degree felony is possible if the goods or valuables and services are less then $5000. If it is over that amount or it causes injury called “bodily Injury” the crime of identity fraud is moved up to a second degree felony.

 (Utah Code Annotated section 76-6-1101)

 

 

Possession of Identification Documents Unlawfully

 

When a person obtains or otherwise possess someone elses identifying document while knowing that they were not given permission to do so or by helping another person to steal or obtain them for another person with the knowledge that it does not belong to and they do not have permission to have the documents it becomes a crime. This will be a Class A Misdemeanor

The law allows for the crime to become a third degree felony if the person is found to have more than one document.

This could include documents that are issued through the government such as a license plate or registration certificate. Any document that contain identifying information not belonging to the person who possesses them.

 (Utah Code Annotated section 76-6-1104)

Penalties

When these crimes are committed, the court will take into consideration the circumstances as well as the facts. An identity theft conviction in Utah may include both fines and jail or prison time. Below is a list of the maximum of what may be penalized under Utah Law. The court may or may not use the represented penalties at sentencing.

  • Fines- Usually done by assessing the value of goods and existence of bodily injury
    • Third-degree felony = fines of up to $5,000,
    • Second-degree felony = up to $10,000.
    • Class A = up to $2,500.
  • Prison/Jail – Determined by Classification of Crime
    • Third-degree = up to five years in prison
    • Second-degree =up to 15 years in prison.
    • Class A =up to one year in jail.
  • If the Court decides to order probation instead of prison, jail or in an additional condition this can be done of usually for one year. While on probation you must:
    • paying all fines
    • pay all court costs
    • pay restitution
    • not commit any more crimes
    • regularly reporting to a probation officer
    • maintaining or finding adequate employment.
    • Attending any programs or therapies as ordered
  • Restitution- Payment to Victim (s)
    • Payments compensate a victim this could be to cover the cost for their attorney’s fees, lost wages during and the crime and court process or other replacement costs
    • Compensate the time that it may take the victim’s credit score or credit rating to be restored
    •  Compensate the victim for any debts, liens, or other problems that may have required financial investment.

If you have been accused of  identity theft or identity fraud 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.