Tag: Lawyer

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

 

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.

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.

 

Domestic Violence /Domestic Violence In The Presence Of A Child

 

Utah has a specific set of codes for cohabitant violence. A person who commits domestic violence or domestic violence in the presence of a child whether by committing actual physical harm or by threatening violence of physical harm against a current or previous cohabitant may be charged with the crime. Contact our Ogden Criminal Defense Lawyer today. We have the Best Lawyers Criminal Defense  Salt Lake City.

When looking at the Utah code, cohabitants means any spouse or former spouse you have or have had. Relationship partners that could appear as a married couple, living partners, relatives, relatives through marriage and/or people who have children together are all qualified for this criminal charge. To be criminally charged for a cohabitant crime, the perpetrator must be over 16 or be emancipated. Siblings who are minors and parent/child relationships are not considered cohabitants.

(Utah Code §§ 77-36-1, 78B-7-102.)

This code includes any crime violent in nature and may include violating a restraining order, harassment, stalking, assault and is domestic violence if it occurs between cohabitants. Ogden Criminal Lawyer, Vince Stevens can help. HD Gailey lawyers in American Fork are the best criminal defense attorneys Ogden

Conviction of crimes of a domestic nature carry a enhancement penalty for any subsequent occurrences.

 (Utah Code §§ 77-36-1, 77-36-1.1.)

What Happens When You Are Arrested?

In Utah, a police officer has the authority under the law to use probable cause. That means the office must believe or have a reasonable belief that violence has occurred between the two cohabitants and constitutes domestic violence. The officer is bound to make an arrest even without a warrant or may issue a ticket or citation. The best criminal defense attorney in Lehi or Ogden criminal defense attorney Stevens can give you an estimate of what may happen in your case. Ogden Criminal Defense is on your side.

This exception to a standard rule in Utah allows an officer to make an arrest without a warrant when conditions exist where a crime has been made in the officer’s presence or where a felony is believed to have occurred outside of the home. The officer in the case will usually believe that the victim is not safe and may be in danger due to the injury and especially when a weapon is used. If these special conditions exist, the officer must make an arrest and take the individual into custody. The best criminal defense attorneys in Ogden or best criminal defense attorney in Lehi can help with your case.

When arrested, certain conditions may be put in place until the judge in the case orders otherwise. Usually it will be a term of the arrest that you may not contact the person directly or indirectly while being held or if they are released it is standard that you cannot:

  • personally contact the victim
  • harass the victim, or
  • go to the victim’s residence.

If you fail to follow the terms you may be found in violation and may be subjected to monitoring by electronic means.

(Utah Code §§ 77-36-2.2, 77-36-2.5.)

If you have been accused of shoplifting in Utah, you should strongly consider speaking with criminal attorneys Ogden  about criminal law OgdenOgden Criminal defense is An experienced Criminal Defense Attorneys in Provo Utah can assist you in understanding all of your alternatives.