Todd Peterson, Author at Ogden Criminal Defense Lawyer

DUI Court in Weber County – Driving Under the Influence

Todd Peterson — Thu, 26 Jan 2017 23:24:55 +0000

One of the most common criminal charges is Driving Under the Influence or DUI. The consumption of alcohol is very popular and due to the rural nature of Utah most people drive their own car wherever they go. This is a perfect formula for people making the mistake of driving under the influence, which is a very serious offense that carries heavy penalties. In Utah DUIs are very heavily regulated by the legislature and although a first DUI is a class B misdemeanor the mandatory penalties that come with a DUI are much steeper than most other charges at that level. Additionally, DUIs are enhanceable meaning a third DUI in a ten year period is charged as a third degree felony and carries a minimum 60 day jail sentence. Due to the prominence of DUI charges and the difficult nature of settling these case because of the statutory requirements, in Weber County a DUI Court has been set up to help resolve these types of cases.

DUI Court: Requirements and Benefits

The DUI Court is similar to Drug Court which a lot of other jurisdictions have and its sort of a form of probation. In drug court however the ultimate result is a dismissal of the charges so it functions like a plea in abeyance. DUI Court unfortunately just results in a one step reduction of the charge, and its for third DUIs which are charged as a third degree felony. So what that means is that after a year in DUI court and going through the treatment and testing etc.. the individual ends up with a class A misdemeanor.

Weber County Attorney and DUI Court

If you are facing a third DUI in Weber County then you should contact us for help in understanding the DUI Court process and the possible benefits it could provide to you.

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The Plea in Abeyance – Keeping Your Record Clean

Todd Peterson — Wed, 17 Aug 2016 21:57:12 +0000

Most people’s view of criminal proceedings are focused heavily on guilty or not guilty. As criminal defense attorneys however its our job to see if we come to an agreement with the prosecution that saves our client’s from the lengthy expensive process of trial while still protecting them and their futures. One of the best resolutions available in a criminal proceeding is what is a called a plea in abeyance.

What is a Plea in Abeyance?

Judge Listening to Attorney — Image by © Tim Pannell/Corbis

There are many different times of plea agreements that can be obtained in a criminal proceeding but the basic idea of a plea is that the Defendant pleads, guilty or no contest to the charges or the charges as amended to something else, and in exchange for that plea the prosecution agrees to dismiss/change some charges or agree to certain sentencing recommendations. A plea in abeyance however is a little bit different than every other time of plea however because the defendant’s guilty plea or conviction isn’t actually entered right away and may never be entered. Additionally, the greatest benefit of the plea in abeyance is that if the defendant is successful the charges plead to are eventually dismissed meaning a conviction does not go on his or her record. The basic structure of a plea in abeyance is you plead guilty to a charge, that plea is held in abeyance, or put on the back burner for a defined probationary period and if all the terms of the plea (i.e. fines, classes, community service, etc…) are completed by the end of the probationary period the case is dismissed and no conviction is entered

Getting a Plea in Abeyance in Your Case

One of the most important factors in whether or not you can get a plea in abeyance in your case is your criminal history. Most prosecutors in Utah see the plea in abeyance as something only for first time offenders, however, we have been successful in obtaining a plea in abeyance in cases where our clients did have a criminal history. If you are wondering if you could get a plea in abeyance in your case contact us today for a free consultation.

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Justice Court v. District Court in Utah

Todd Peterson — Wed, 30 Dec 2015 21:40:42 +0000

In Utah the adult criminal justice system is divided primarily into two courts, the justice court and the district court. Depending on the level of charge an individual is facing they were either be in the District Court or the Justice Court and there are many similarities between the two but there are three main areas where they are distinct.

Level of Offense

The first thing to consider is what separates justice court criminal charges from district court criminal charges. In Utah all class B misdemeanors, class A misdemeanors and infractions are handled in the justice court. Everything above a class B misdemeanor, so class A misdemeanors and felonies are handled in the district court. Due to this distinction the process of the district court are normally a little more rigid as they are dealing with more serious offenses. In a couple jurisdictions in the state, such as Layton and Bountiful, there are no justice courts and all criminal charges are handled in the district court.

Hearings in Justice Court and District Court

The next thing that separates justice courts from district courts are the types of hearings that are required in the process of a criminal case. In the justice court the procedural history will normally start with an arraignment (which can be waived if you have counsel), and then move right to a pretrial conference before ultimately going to trial. In District Court on the other hand the process starts with an initial appearance (this cannot be waived by counsel), and there is an additional hearing called a preliminary hearing that is not required in justice court proceedings. The preliminary hearing a stage where the prosecutor must show to the court that there is sufficient evidence to continue with the case. The preliminary hearing involves an extremely low burden on the prosecutor and the majority of cases are “bound over” for trial, meaning they move forward with the process until the Defendant either takes a deal or goes to trial.

Appeal

Finally, the courts differ in how their decisions can be appealed. The justice court is not considered a court of record in Utah which means their decisions can be appealed to the District court as de novo proceedings. What that means is the district court simply starts the entire process over of the case, they are not reviewing the justice courts decision to see if they did everything right they just start fresh. So if an individual is convicted of a crime in the justice court and they file an appeal then the case is moved to the district court and process starts over with a new judge in a new court. In district court, on the other hand, an appeal goes to the court of appeals and they review the case to see if the district court did something wrong, and they do not start the process over, and as such it is not a de novo review.

Ogden Criminal Defense Attorneys

If you are facing criminal charges in either the justice court or the district court then you should call the attorneys at Ogden Criminal Defense for help. Our attorneys work in all levels of court in Northern Utah and we can help protect your rights.

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The Two Kinds of DUI

Todd Peterson — Wed, 10 Jun 2015 22:22:02 +0000

There are two kinds of drunk driving in Utah, the traditional DUI and DUI Metabolite

One of the most common offenses in the criminal justice system is drunk driving, or DUI (driving under the influence). While a DUI is normally associated with alcohol it also includes controlled substances, meaning if an individual is pulled over and is driving impaired while under the influence of heroin they can also be charged with a DUI. There are two kinds of DUI in Utah and there is a sufficient amount of overlap between the two charges meaning some cases could be charged as either of the two.

The Traditional DUI

The first kind of DUI is the classic version that most people are aware of, which includes drunk driving. For the prosecutor to be able to get a conviction on a DUI case they must prove that an individual was (1) in actual physical control of a vehicle and, (2) has a blood alcohol concentration (BAC) level of .08 or greater. If there wasn’t a BAC test conducted or if it comes in under .08 there is still a way an individual can be convicted if the prosecutor can show that the individual was under the influence of alcohol, drugs, or a combination of both, to a degree that makes the individual incapable of safely operating a vehicle.

The Other DUI – DUI Metabolite

The second kind of DUI is called DUI Metabolite. For a prosecutor to be able to get a conviction under this kind of DUI they must prove that an individual was in actual physical control of a vehicle and they had a measurable controlled substance in their body. So instead of a breathalyzer or intoxilyzer test in metabolite cases a blood or urine test is usually conducted. The biggest differences between metabolite and regular dui is that metabolite does not apply to alcohol and doesn’t require impairment.

Ogden DUI Attorney

The DUI laws in Utah are some of the most complicated criminal law on the books, and that is why you need an experienced criminal defense attorney on your side to help you out. At Ogden Criminal Defense we can help you understand your case and help protect your rights, so call or email us today to find out how we can help.

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North Logan Embezzlement Case

Todd Peterson — Wed, 06 Aug 2014 21:39:40 +0000

Earlier this week a preliminary hearing was held in the First District Court in Logan for a North Logan woman who is being charged with embezzlement. The woman’s former employer at Rocky Mountain RV testified that the woman had committed embezzlement to the tune of roughly $9,000 by fraudulently collecting factory incentives and buying personal items with company money and on company credit cards such as food and even a carpet cleaner.

Embezzlement: Theft and Forgery

Judge Thomas Willmore, who heard the preliminary hearing, bound over the case for trial after hearing testimony on the matter meaning that he found sufficient evidence to move the case forward. The bar is set very low at preliminary hearings and almost every case is bound over, however, it is a good opportunity for defense counsel to get an idea of what exactly the state’s case looks like. What this means for the North Logan woman is that her case will now move to a Final PTC and then ultimately trial. The embezzlement case that the woman is facing consists of felony theft charges and felony forgery charges.

Logan Embezzlement Attorney

If you are facing criminal charges in Logan or North Logan such as embezzlement or other theft type charges then call Ogden Criminal Defense Lawyer today. We can help you understand the charges you are facing and help you defend yourself.

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No Contest Plea Entered in Logan Head on Crash Case

Todd Peterson — Wed, 14 May 2014 19:43:20 +0000

Earlier this week a Logan man who was originally booked into jail on suspicion of automobile homicide entered a no contest plea to charges of reckless driving and DUI metabolite. The Logan man spoken of is 19-year-old Emiliano Guereca who was involved in a head on collision in November 2013 that resulted in the death of the other driver. Guereca was attempting to pass the vehicle in front of him but did not have sufficient room to get around the other car. Guereca states that he didn’t see the oncoming car until his headlights were on it and he attempted to swerve but was unable to in time.

Guereca’s blood was drawn by police and it tested positive for metabolite and Guereca admitted to using marijuana about a week before the accident. Although Guereca was originally arrested on suspicion of automobile homicide that charges was never actually brought against Guereca and instead he is facing two class B misdemeanors for reckless driving and driving with marijuana metabolite in his system.

Logan Criminal Defense Attorney

If you have been charged with a drug charge or some sort of traffic violation like reckless driving or DUI then call the attorneys at Ogden Criminal Defense Lawyer to get help. We can help you understand the process and help you fight to defend your rights. Call or email us to find out more, we offer free consultations and can answer most questions right over the phone.

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Former Officer Charged with Child Porn

Todd Peterson — Fri, 04 Apr 2014 19:29:56 +0000

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.

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Ogden Criminal Defense Trial in Logan

Todd Peterson — Tue, 04 Feb 2014 20:28:16 +0000

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.

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Jury Selection in Criminal Proceedings

Todd Peterson — Mon, 06 Jan 2014 17:17:08 +0000

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.

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Juveniles Charged as Adults in Roy

Todd Peterson — Thu, 26 Dec 2013 17:44:44 +0000

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.

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