Tag: criminal law ogden

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

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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

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

Don’t choose this:

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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.

Protective Orders Explained

Many people misunderstand that not all orders to stay away are the same. There are several different types of orders that require different penalties and conditions. There are No Contact Orders, Protective Order, Criminal No Contact Orders, Civil Stalking Injunctions and Restraining Orders.

Protective Orders

A Protective Order

Order is a court order that has specific requirements for behavior and is generally ordered in cohabitant situations. It in essence “protects” one of the people who feels like the other may harm them. The order specifically places conditions for no contact and to stay away from the other person. There are different kinds of protective orders.

Protective orders can be filed and enforceable as soon as the Request is served upon the other person. Upon service a court date is set for 14 days later and at that time a Permanent order may be entered. While waiting for the hearing you cannot directly or indirectly contact the victim. A Petition for Protective Order is a request that is filed during or after criminal case has concluded or outside of a criminal intervention. Meaning you do not have to file charges against the accused to be granted the order.  This may be part of a divorce proceeding or if the victim opts not to pursue criminal charges but needs the protection of an order from a cohabitant. Once granted it is entered into the state database and will appear as a flagged name or address on all databases for gun registries, background checks and when the police are called to an address or if you are pulled over.

Common Terms for these order may include child custody or supervised visitation arrangements as well as:

  • prohibiting the respondent from committing domestic violence or abuse
  • prohibiting the respondent from contacting the petitioner
  • excluding the respondent from petitioner’s residence, school, or workplace, or any other place
  • prohibiting the respondent from possessing a weapon
  • permitting the petitioner to use a vehicle or other personal property
  • granting the petitioner temporary custody of any children
  • appointing a guardian ad litem to represent the interests of any children, and
  • granting any other relief necessary for the safety and welfare of petitioner or another person.

Violating these laws will result in criminal charges.

(Utah Code §§ 78B-7-102, 78B-7-103, 78B-7-106, 78B-7-107.)

 

No Contact Order/Criminal No Contact/ Pretrial No Contact Order

No Contact Orders are granted when a person is arrested for assault, rape or domestic violence cases and are active while a criminal case is pending.  This usually is ordered if you are arrested and may remain effective through the entire time a criminal case is being prosecuted, during trial and through sentencing. At sentencing the order may be changed to a long term Protective order (cohabitant) or Criminal No Contact Order (non-cohabitant).  It could also be changed to a Civil Stalking Injunction as well depending on circumstance and protection requested by the victim. Once granted it is entered into the state database and will appear as a flagged name or address on all databases for gun registries, background checks and when the police are called to an address or if you are pulled over.

Whenever a defendant is charged with domestic violence, the court may issue a pre-trial protective order:

  • prohibiting the defendant from committing or threatening acts of domestic violence
  • prohibiting the defendant from contacting or communicating with the victim
  • excluding the respondent from petitioner’s residence, school, or workplace, or any other place, and
  • granting any other relief necessary for the safety and welfare of petitioner or another person.

The order remains in effect until the defendant’s trial. It is a crime to violate a pre-trial protective order.

(Utah Code § 77-36-2.7.)

 

Civil Stalking Injunction

A Civil Stalking Injunction is a Long Term Criminally Punishable order.  This is used in cases where there is not a cohabitation clause. Much like the Protective Order this is an option if there is no current criminal case. It is also an option if the victim and the alleged abuser are not cohabitants.  This is similar to a protective order as far as penalties and processes go as well. However, it is held to a high standard because there should be no reason for contact between the victim and alleged abuser because they do not share anything in common such as children or assets. In some cases this is used for business relationships that have gone downhill. This is usually used in cases where there was no relationship between two parties. A Civil Stalking Injunction can be used for roommates, neighbors, co-workers, stalking cases, harassment cases and other circumstances. Further, it does not require a criminal case just like a protective order. It requires 3 eminent danger or documented threats/medical reports or police reports as well.  This injunction is criminally punishable and enforceable through the police department. If violated, you can be arrested immediately. Once granted, it is entered into the state database and will appear as a flagged name or address on all databases for gun registries, background checks and when the police are called to an address or if you are pulled over.

Civil Restraining Order

Civil Restraining Orders are a long term order that is usually contained within an already existing order like a divorce or civil suit.  These do not carry any criminal penalties. A civil restraining order is often written into civil settlement agreements. To enforce a restraining order the petitioner would have to have a civil hearing to determine sanctions. Oftentimes, this is an order that is used for a “good will” or mutual order to agree not to bother someone else. It carries no immediate penalties and cannot be criminally punishable. Further, it cannot be enforced by police so it is often a frustration to many who misunderstand the order and mistake it for a protective order. However, courts will order a restraining order when the harm is not eminent but only in a civil case that already exists or was brought as part of another civil action. Sometimes it is a condition of probation in criminal cases but does not carry any penalties on its own. This is usually to alleviate the victim by provide some standard of behavior between the parties that is acceptable. It is not enforceable by the police and is only punishable through sanctions unless it is a condition of probation or parole but only until the sentence has commenced. This may be changed to a stronger order like a civil stalking injunction or protective order if it is violated multiple times and there is probable cause that criminal behavior has occurred during the violation that results in physical harm or breaks a law in regard to contact between two parties. For instance, a woman may have a restraining order issued in her divorce that bars her from contacting her ex-husbands new wife and harassing her with multiple calls daily. If her calls reach the level of communications harassment, she makes a threat of physical harm or behaviors constitute stalking the police may charge her with any of those crimes and a criminal no contact order may be issued during the case. However, it will not be considered a violation of the restraining order unless the victims husband requests a sanction hearing or order to show cause in the divorce case for violating the order. Further, restraining orders are not kept on the police data system to alert the police to specific people or addresses as believed to be dangerous or in need of protection and therefore are not placed on a higher status for response in emergency phone calls to 911 like the civil stalking injunction or the protective order.  This order limits the ability for police to respond unless the victim has a copy of the paperwork on hand and even at that unless a criminally applicable law has been broken or there is eminent danger they may not intervene and will refer you to the civil courts to handle the violation through the divorce or the restraining order case directly.

Sentencing

If you are convicted of violating an order or you contact a victim before being released after arrest you could be charged with another crime of a third degree felony or a class A or B misdemeanor and anywhere from six months to 5 years in prison as well as a $0-$5000 fine. Subsequent violations could earn enhancements on the following scale:

  • a class B misdemeanor, then it is punishable as a class A misdemeanor by up to one year in jail and a fine of up to $2,500, or
  • a class A misdemeanor, then it is punishable as a third degree felony, punishable by a prison term of up to five years and a fine of up to $5,000.

(Utah Code §§ 76-3-203, 76-3-204, 76-3-301, 76-5-108, 77-36-1.1, 77-36-2.5, 77-36-2.7, 78B-7-106.)

 

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.