Supreme Court Rules on Phone Searches

Thankfully, the U.S. Supreme Court recently addressed the issue of phone searches holding police are required to obtain a warrant to search a person’s phone. All the same exceptions may apply to the warrant requirement but at least SCOTUS acknowledged the overwhelming public sentiment that phones should be considered private and beyond the reach of law enforcement’s snooping absent a warrant. This case is a good sign the justices will decide future cases in favor of the end users and limit the ever growing power of the federal government.

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1. Waiver of Rights

Before agreeing to plead guilty to anything, you should be aware that by pleading guilty you are waiving all of your trial rights including trial by jury, right to confront your witnesses, etc. Often the judge in your case will read you the rights you are waiving or have you sign a written waiver form. You never have to take a plea bargain, you always have the right to trial.

2. Voluntary and Intelligent

If you will be pleading guilty, you must enter your plea voluntarily and intelligently. This means you should not enter your plea under coercion or duress and you must understand the nature of the charges against you. You should be fully aware of the elements necessary to prove the charges against you and the possible maximum penalty and any mandatory minimum penalties. A guilty plea is not involuntary merely because it was entered in response to the prosecution’s threats of more serious charges or other potential penalties. But, if a third party is promising you things in return for plea of guilty, or threatening you with harm if you don’t plead guilty, you should seek legal counsel and not enter a guilty plea.

3. Judge Not Bound

A plea bargain will be enforced against the prosecutor and the defendant but not against the judge. This is a crucial principle to understand. Even though the prosecutor may have agreed not to recommend jail time as part of the plea agreement, the judge may not be bound to follow the agreement. Ultimately, the judge could impose a harsher sentence against a Defendant despite contrary terms in the plea agreement. This is seldom the case but always a risk and something every defendant should be made aware of.

4. Having Counsel

Before accepting any plea agreement, everyone should first seek advice from an attorney on the potential terms of the agreement. This can help avoid pitfalls and ensure you fully understand what you are agreeing to. To speak with an Ogden Criminal Defense Lawyer at our office today, call 801-823-1200. We can review your potential plea agreement and assist in making sure you fully understand the process, your rights, and other implications.

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• 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.

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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.

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