Former Officer Charged with Child Porn

April 4th, 2014 by | Comments Off on Former Officer Charged with Child Porn

Charges were filed yesterday against Jason Rose, former Tremonton Police Officer in connection with his actions as a police officer when he talked a 15 year old girl into posing nude for photographers that he told he would sell for her on the internet. The photos were of course for himself and he is now facing 9 charges of sexual exploitation of a minor, which is Utah’s statute for child pornography charges, all 9 counts are 2nd degree felonies. Rose is also being charged with Voyeurism as he allegedly hid a camera in the young girls bedroom to catch images of her undressing.

An Initial Appearance is scheduled in this matter for next week before Judge Hadfield in the Box Elder District Court and bail has been set at $145,000. Rose resigned from his job with the Tremonton Police last July during the investigation into this matter.

Admissibility of a Defendant’s Statements

February 21st, 2014 by | Comments Off on Admissibility of a Defendant’s Statements

The admissibility of a defendant’s confession, or other statements which are incriminating, involves analyzing the constitutional protections set forward in the Fourth, Fifth, Sixth, and Fourteenth Amendments. In order to determine whether or not statements in a criminal case by the defendant are admissible, consider the following questions and outline:

  • Voluntary – First, was the defendant’s statement voluntary? It must be voluntary as determined by the totality of the circumstances. A statement will be involuntary if there is some kind of official compulsion. For instance, if a cop holds a gun to your head and says “tell me you did it,” anything said would clearly not be voluntary and thus inadmissible.
  • Custody – The next question to ask is whether or not the defendant was in custody when the statement was made. If the defendant was not in custody or being detained, anything he/she said would likely be admissible. If the cops are merely speaking with you but haven’t detained you or arrested you, your not in custody and are making voluntary statements.
  • Interrogation – If the defendant was in custody at the time, was the statement given by defendant in response to police interrogation or did the defendant offer the confession or statement absent law enforcement eliciting information. For instance, if the defendant is handcuffed and in the back of a squad car, and is just running off at the mouth without any questioning by the police officer driving, such statements would likely be admissible. We see this occur often where a defendant makes voluntary statements without even being questioned by the police than later claims no miranda rights were given but the motion to suppress fails because of a lack of interrogation.
  • Miranda Warnings – If the defendant is in custody and is being interrogated by the police, were miranda warnings given prior to the defendant’s statements? If so, defendant’s statement thereafter may be admissible. It is important to note that miranda warnings are only necessary if the defendant is in custody and is being interrogated by the police.
  • Waiver – Did the defendant knowingly and voluntarily waive both the right to remain silent and the right to an attorney? If the defendant invoked either right, and was still questioned by police, any statement given will likely be inadmissible. The defendant may terminate any interrogation at anytime prior to or during the questioning invoking his/her Miranda rights.

There are other exceptions that might apply to the general rules cited above so anyone charged with a crime seeking to throw out a confession or statement should speak directly with an Ogden Utah Criminal Defense Lawyer regarding their particular set of circumstances.

Ogden Criminal Defense Trial in Logan

February 4th, 2014 by | Comments Off on Ogden Criminal Defense Trial in Logan

Last month we had a trial in Logan, Utah at the First District Court before Judge Thomas Willmore. Our client was charged with a class A misdemeanor and a class B misdemeanor. After a full days worth of trial and approximately six witnesses the jury deliberated for over 3 hours before returning a not guilty verdict on the class B misdemeanor charge. Trials are a difficult process that entail a lot of legal work and experience and a ton of uncertainty. We work tirelessly to put forth the best possible defense for our clients and that can help to deal with some of the uncertainty at trial. If you are thinking about going to trial in your case then call the lawyers at Ogden Criminal Defense for more information, we can let you know if your case is good for trial and let you know how we can help.

Jury Selection in Criminal Proceedings

January 6th, 2014 by | Comments Off on Jury Selection in Criminal Proceedings

In Utah every person charged with a crime above an infraction has the right to request a jury trial. The alternative to a jury trial is a bench trial meaning that the judge makes the decision to to guilty or innocence. Even if the defendant has the right to a jury trial however they can still elect to have a bench trial and in some cases it may make sense to have the judge be the decision maker and not a jury. One of the scariest parts about going before a jury is that while the idea is to have a jury of your “peers” you really never know who you’re going to get on your jury. While there are a lot of unknowns and uncertainties with a jury there are a couple of things a defense attorney can do in a jury trial to help get members on the jury who are more likely to find not guilty.

The Jury Selection Process

Jury selection or Voir Dire as it is also referred to is the process by which the court and the attorneys pick the jury members from a pool of individuals who have been summoned for jury duty. Each court usually does parts of the process differently but the general timeline is that a group of individuals is called into court and prepared to be jury members, they are then brought into the court and a random selection of them is chosen to be asked further questions. The judge will asks some questions of the jury members and then each parties’ attorney will have an opportunity to ask questions. Based on the answers to those questions the parties can ask that certain members be removed for cause (meaning they have a conflict of interest or personally know one of the parties, etc…) or the parties are also given a certain number of strikes that they can use to get rid of jury members for no reason at all. Once the parties use all their strikes then the remaining members will be the jury that tries the defendant.

Ogden Criminal Defense Attorney

Although a lot of criminal defendant’s cases are resolved before going to trial it is still important to have an experienced trial attorney on your case. The lawyers at Ogden Criminal Defense are experienced trial attorneys and we can help you know what to expect if you take your case to trial which helps you in making your decision to take a deal or not. Call or email us today to find out more about how we can help you.

Juveniles Charged as Adults in Roy

December 26th, 2013 by | Comments Off on Juveniles Charged as Adults in Roy

Two juveniles are being charged as adults in Ogden for an alleged aggravated robbery that took place in Roy. The juveniles, who are 16 and 17, allegedly invaded a home and took wallets and phones at gunpoint. The teens are being charged as adults because the judge found that it was not against the public’s best interest that they be charged as adults. Juveniles can only be charged as adults in certain cases however and those are the most heinous of criminal offenses, such as murder, rape, and obviously aggravated robbery like the juveniles above.

Hiring a Criminal Defense Attorney

If you or a loved one is facing criminal charges whether they be juvenile charges or adult it is in your best interest to hire an experienced defense attorney from Ogden Criminal Defense. We work in both juvenile and adult cases and we know the ins and outs of the system and how to help you protect your rights. Call or email us today for a free consultation over the phone.

Davis High School Teacher Charged with Rape of Student

December 17th, 2013 by | Comments Off on Davis High School Teacher Charged with Rape of Student

A female Davis High School teacher has been charged with raping one of her male students. The charge is a first degree felony and carries with it the potential for life in prison. The teacher was 34 years old at the time and the student is said to have been 16 and 17 years old during the sexual encounters. The charging documents argued the teacher was in a position of trust and thus the charge was elevated to a first degree felony. The student apparently told police the teacher had sex with him on multiple occasions, at least 3 times. The Davis County Attorney’s office indicated there were further investigations considering whether other victims could be out there. The teacher was placed on administrative leave back in October pending the investigation. The teacher was apparently married and her husband has filed for divorce.

Unlawful Sexual Activity with Minors in Utah

Some have argued a first degree felony charge is much too high a charge in these types of circumstances while others feel it is warranted. Utah law indicates whenever there is unlawful sexual activity involving a minor it can be enhanced through a showing that the adult occupied a position of trust with the minor. Such a position of trust is defined as several potential relationships including that of teacher and student. In the case described above, Davis County is certainly taking a very aggressive approach to the case in the types of charges that were filed. A preliminary hearing will be set in the case to determine if evidence can be presented sufficient to bind the charges over for trial.

Sexual Charges in Ogden Utah

If you have been charged with statutory rape, unlawful sexual activity with a minor, rape, or any other type of sex crime, you should have an aggressive legal defense to ensure your rights are protected in the process. Speaking with an Ogden Criminal Defense Lawyer can help get you started on the right foot in the process.

Juvenile Cases and Non-Judicial Resolutions

December 5th, 2013 by | Comments Off on Juvenile Cases and Non-Judicial Resolutions

Juvenile cases are very different from normal adult criminal cases. In juvenile cases the court is much more concerned about the juvenile’s future than in adult cases and because of this the type of plea deals that defense attorneys can work out are very different. At first blow this might seem like a good thing for the juvenile but that’s not necessarily true in every case. Sometimes a juvenile could end up with a type of probation agreement that leaves him constantly reporting to his counselor about what he/she is doing, whereas in adult cases there might not be so much supervision under the same type of case. However, in other circumstances a defense attorney can get the prosecutor to agree to a deal that is much better than anything possible in adult cases.

The Benefits of Non-Judicial Resolution

One of the deals that is much better than most adult criminal case deals is non-judicial resolution. What this means is that the prosecutor agrees to dismiss the charges if the juvenile agrees to work with a probation worker and complete all terms that the probation worker sees fit. Some of the requirements in these types of cases are substance abuse classes, drug testing, paying a fine, community service, and thinking errors classes. One of the biggest benefits of this type of agreement other than the fact that the charges are dismissed in the court is that it preserves the juvenile’s driver’s license, which is usually one of the bigger concerns for the juvenile.

Ogden Juvenile Attorney

If you or your child are facing juvenile charges then you need the help of an attorney to make sure you get the best deal possible. Call the experienced attorneys at Ogden Criminal Defense Lawyer for help and we’ll make sure you understand your case and the possible outcomes.

Cache County Man Shows Handgun at Liquor Store

November 27th, 2013 by | Comments Off on Cache County Man Shows Handgun at Liquor Store

Earlier this week a Cache County Man entered the state liquor store put a handgun on the counter and then purchased some alcohol. No threats were made, the alcohol was not stolen but obviously this was still alarming behavior to the clerk who helped the man make the purchase.

So the clerk got the man’s license plate and called the police who made contact with the man and found that he was a felon and could not lawfully possess a firearm. The man was later booked into Cache County Jail and charged with Felon in Possession and Carrying a Concealed Dangerous Weapon.

The Gamble of Taking Your Case to Trial

November 5th, 2013 by | Comments Off on The Gamble of Taking Your Case to Trial
The Gamble of Taking Your Case to Trial

Going to trial could be a bet you don’t want to make with your life.

When most people think of criminal defense they think of Perry Mason or Matlock standing in a courtroom and arguing to a jury about why their client is innocent. In reality this rarely happens and that is because of the huge risks involved with going to trial. Most cases are settled before trial because settlement provides defendants with a more certain outcome that they can rely on. While going to trial could possibly end in a much better result than the offered plea agreement it could also end much worse. Although taking a deal is the norm some individuals still take their case to trial and are successful, below are some reasons why someone might decide to take their case to trial.

Reasons to go to Trial

Nothing to Lose

In some situations because of criminal history or other factors the prosecution may not be offering a plea agreement at all, or the plea agreement may be so bad that it is as if they are offering nothing at all. In these cases the alternative to going to trial is just pleading guilty to the charge that was brought and await for the judge’s decision on sentencing. Therefore the defendant essentially has nothing to lose by taking the case to trial and seeing if he can get the prosecution to change their mind about a deal because they don’t want to go to trial or see if they can convince the jury that they are innocent. While I say there is nothing to lose, in most cases there is an additional fee to their attorney that they may lose by taking the case to trial, which is definitely something to consider when making the decision about going to trial.

Calling the Bluff

Defendant’s usually don’t want to go trial because of uncertainty and prosecutors are the same way. They would rather have a for sure conviction then go through the process of trial and possibly come up with nothing. Furthermore, the prosecutor may be worried about flaws in their case such as suppression issues or being able to get witnesses to testify, and that can lead them to offer get plea deals to get rid of the case. So in some situations the defendant may try and call the prosecutors bluff and try and take the case to trial to see if the prosecutor simply dismisses the case because they can’t get a witnesses to show up to testify.

Your Day In Court

Finally one of the most compelling reasons for most people on why they take their case to trial is because they don’t feel as if they are guilty and they want their day in court to let that be know and fight for their innocence. While this is a very commendable reason to go to trial it does not however preclude the possibility that the jury or judge could still find your guilty even if you know with absolute certainty that you did not do what they say you did. The justice system makes mistakes and sometimes innocent people are convicted and it is important to know that before you take your case to trial.

Ogden Criminal Defense Attorney

If you are being charged with a crime and think you may want to take your case to trial the first thing you need to do is speak to an attorney. At Ogden Criminal Defense we have represented hundreds of clients and we can help you understand the benefits and risks of going to trial so you can make an informed decision about your case. The consequences attached to criminal cases are huge so you should not be making any decisions that you are not sure about. Call Ogden Criminal Defense for a free consultation today to get your questions answered and the help you need.

Former Ogden Teacher Charged with Sexual Abuse of a Child

October 28th, 2013 by | Comments Off on Former Ogden Teacher Charged with Sexual Abuse of a Child

 

Kenneth Prince

Former Ogden teacher, Kenneth Prince, is facing sexual abuse of a child and child exploitation charges in Ogden’s 2nd District Court

Kenneth Prince, a former teacher at the South Ogden Junior High School is facing multiple charges for child porn and aggravated sexual abuse of a child. These are some of the most serious sex crimes a person can face, the child porn charges are second degree felonies and the sexual abuse of a child charges is a first degree felony.

The investigation into Prince started earlier this year when a man came forward and stated that he has been molested by Prince almost 30 years ago, and no other alleged victims are coming forward as well. Prince was a Boy Scout Leader as well as a teacher and after his first arrest he posted bail and then alleged tried to commit suicide, after which he was hospitalized for mercury poising.

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