Preliminary Hearings in Criminal Proceedings

August 15th, 2013 by | Comments Off on Preliminary Hearings in Criminal Proceedings

As in any profession or system there is a lot of jargon in the criminal justice system. One area that can get particularly confusing for people facing criminal charges is the myriad of different court hearings there are and the different names for them. This gets particularly confusing as different courts use different names for essentially the same hearing. One hearing however that is pretty standard across courts is the preliminary hearing, and although the title would suggest that its the first hearing a defendant will appear at its actually not, and the defendant has the option to waive this hearing all together if they would like.

What is a Preliminary Hearing in Utah?

In Utah courts a preliminary hearing only takes place in district court and its purpose is to decide whether or not there is enough evidence in a case to move forward or if it should be dismissed from the beginning. The state bears the burden of showing the judge by a preponderance of the evidence that this is enough evidence to hold the case over for trial. What this means is that the prosecutor will call witnesses to testify as to the criminal allegations, and if the judge thinks its enough to move forward then he/she will order that the case be held over and set a pretrial conference date. This is a very low bar that the state has to meet to have a case held over and the majority of preliminary hearings end in the case being held over, but it is often a good opportunity for the defendant to be able to cross examine witnesses and have a clearer view of the state’s theory of the case.

Ogden Criminal Defense Attorney | Representing you at your Preliminary Hearing

If you are facing criminal charges in district court then you are facing serious charges that could result in serious penalties so call Ogden Criminal Defense Lawyer today for help defending yourself. Our lawyers are experienced criminal defense attorneys and now how to fight for you in the preliminary hearing and more.

Spousal Immunity in Domestic Violence Cases

August 5th, 2013 by | Comments Off on Spousal Immunity in Domestic Violence Cases

Domestic violence is often referred to as an epidemic in our society. There is a constant flow of domestic violence cases coming and going through the criminal justice system and law enforcement is receiving and responding to domestic dispute calls every day. However, this does not always mean that there are actual incidents of clear domestic violence in every one of these situations, in fact, part of the problems with domestic violence cases and reports is that they are often used in a vindictive fashion to try and get another spouse in trouble so they can win the argument by having the police step in.

Defending Yourself Against False Domestic Violence Claims

A common factor in domestic violence claims is that the spouse or partner making the allegations later reconciles with the defendant in the criminal case and no longer wants to testify against them. In cases of actual domestic violence this could be a bad situation where the spouse is putting themselves in harms why again based on promises of change. However, in other cases where the alleged victim just called the cops to get their spouse/partner in trouble then it is important that they be able to stop the false charges that they have started. However, the only way they can do that is through spousal immunity meaning if the parties are married then the “victim” can refuse to testify against the defendant. If the parties are not married then the “victim” can be held in contempt of court if they do not testify meaning they will have to testify against the defendant and will most likely continue the story that they were injured so that they don’t get in trouble for making a false claim.

Ogden Criminal Defense | Fighting Domestic Violence Charges

If you have been charged with a domestic violence charge in Northern Utah, like Brigham City, Layton, Kaysville, Ogden, or Logan then call the attorney’s at Ogden Criminal Defense Lawyer for help. We understand the special nature of domestic violence claims and how to defend against them so contact us right away to get your questions answered.

Federal Minimum Mandatory Drug Crime Sentencing

July 24th, 2013 by | Comments Off on Federal Minimum Mandatory Drug Crime Sentencing

The federal government is brutal when it comes to penalizing people for drug crimes.  Drug distribution is where the penalties really become stiff.  Below is a chart showing the penalties that apply for some of the more popular drugs under federal law.

 

Drug and Amount

Type of Crime

Minimum Sentence

1 kilo or more of heroin;

5 kilos or more of cocaine

280 grams or more crack cocaine

100 grams or more of PCP

1 kilogram or more of a PCP mixture

10 grams or more of LSD

1000 kilos or more of marijuana

1,000 or more marijuana plants

50 grams or more of meth

500 grams or more of meth

Manufacturing, distributing, or dispensing, or possessing with intent to manufacture, distribute, or dispense (1st time)10 years to life plus a fine up to $10 million
Creating, distributing, or dispensing, or possessing with intent to distribute or dispense (1st time).10 years to life plus a fine up to $10 million
2nd conviction20 years to life plus a fine up to $20 million
3rd conviction and subsequent convictionsLife in prison
 

100 grams or more of heroin;

500 grams or more of cocain

28 grams or more of crack cocaine

10 grams or more PCP

100 grams or more of a PCP mixture

1 gram or more of LSD

100 kilos or more of marijuana

100 or more marijuana plants

5 grams or more of meth

50 grams or more of a meth mixture

 

Manufacturing, distributing, or dispensing, or possessing with intent to manufacture, distribute, or dispense (1st time)

 

5-40 years a fine up to $5 million

 

Creating, distributing, or dispensing, or possessing with intent to distribute or dispense (1st time).

 

5-40 years a fine up to $5 million

 

2nd conviction and subsequent convictions

 

10 years to life plus a fine up to $8 million

 

50 kilos or less of marijuana

10 kilos of hashish

1 kilo of hashish oil

 

Manufacturing, distributing, or dispensing, or possessing with intent to manufacture, distribute, or dispense (1st time)

 

Up to 5 years in prison and a fine up to $250,000

 

Creating, distributing, or dispensing, or possessing with intent to distribute or dispense (1st time).

 

Up to 5 years in prison and a fine up to $250,000

 

2nd conviction and subsequent convictions

 

Up to 10 years in prison and a fine up to $500,000

 

Additionally there are minimum mandatory sentencing penalties for other drugs including synthetic drugs such as spice, pharmaceutical drugs, and date rape drugs, and other manufactured drugs.  If you are facing federal criminal charges for drug distribution, call us at 801.832.1200 for a free consultation with a Utah federal criminal defense lawyer.

Cache County Salesman Arrested for Theft by Deception

July 17th, 2013 by | Comments Off on Cache County Salesman Arrested for Theft by Deception

Theft is a common crime individuals are prosecuted for in Utah because its one that not a lot of people get away with. Technology in today’s world helps businesses protect themselves from thefts and a lot of thefts that take place outside of a place of business setting are not very well executed because they are spur of the moment actions or an act of desperation. One such ill conceived theft took place recently in Cache County, when a salesman approached an elderly couple and sold them an air purifier for $1,000 when it usually goes for $400.

Theft by Deception Charges in Utah

When most people think of theft they think of someone getting mugged in the park, but under the Utah code there are many different types of theft, one of which is theft by deception, which is what the salesman above is being charged with. Theft by deception is when one person takes someone else’s property by deception with the intent to deprive them of that property. Clearly if the story about the salesman is true then he has taken the elderly couple’s money, their property, by deceiving them and it appears his intent was to keep that money so he would therefore be guilty of theft by deception.

Cache County Criminal Defense Attorney | Defending your Theft Charges

If you are facing criminal charges such as theft by deception then you need a criminal defense attorney to help you defend yourself and your rights. The lawyers at Ogden Criminal Defense Lawyer are experienced criminal defense attorneys that can help you understand the law and the legal process as well as fight zealously for your rights making sure that you are given every opportunity to defend yourself. The criminal justice system can be a very scary place especially if this is the first time you are facing criminal charges, so take away some of that fear by having an attorney from Ogden Criminal Defense Lawyer at your side to help out. Call or email us today to find out more.

Logan Court Sentences Man to Prison for Forcible Sodomy

July 11th, 2013 by | Comments Off on Logan Court Sentences Man to Prison for Forcible Sodomy

A former emergency room employee at the Logan Regional Hospital was sentenced to prison earlier this week for sexually assaulting a patient. The victim was brought into the ER by police after he was stopped for a public intoxication offense. Police had handcuffed the man and while officers were filling out paperwork, the ER tech began performing oral sex on the victim until officers came back and caught him. Earlier this year the ER tech pled guilty to a first degree felony charge of forcible sodomy and this week he was sentenced to five years to life in prison.

Sex Crimes in Logan

Sex crimes are some of the more serious offenses in our criminal justice system, along with violent crimes, offenses that involve forced actions of a sexual nature are the most aggressively prosecuted in Utah. Whether the charge is as serious as forcible sodomy like the man was facing in Logan or a smaller offense like lewdness, its important that you protect yourself by hiring an experienced criminal defense attorney. Without an attorney by your side you could be facing the aggressive state prosecution by yourself and that can be a scary thing.

Logan Criminal Defense Attorney | Protecting Your Rights

Sex crimes bring along with them a very negative stigma in our society and whether you are guilty of the offense charged or not people will look at you in a different light just based on the mere fact you’ve been charged with a sex crime. With all this negative societal stigma and the possible harsh penalties that could come with a conviction it is of utmost importance that you fight for your rights and you try and defend yourself the best you can, and the best you can defend yourself is by hiring an attorney from Ogden Criminal Defense Lawyer. Call or email us today to get your questions and to find out how we can help you in your case.

Taking a Case to Trial in Utah

July 5th, 2013 by | Comments Off on Taking a Case to Trial in Utah

A lot of people think that what lawyers do for work is what they see portrayed on t.v. in law and order shows or Matlock. As usual, however, reality is not really the same as what we see on t.v. and that is definitely the case for criminal defense lawyers. The t.v. shows almost solely depict trial proceedings and the reality is that most cases never go to trial, instead most cases settle before trial because of the huge incentives on both sides to avoid trial. In criminal cases the prosecutor will usually offer the defendant a plea bargain, which gives the defendant an opportunity to avoid the uncertainty of trial while allowing the prosecutor to still get some level of a conviction without all the work of a trial.

The Trial Process

If the parties cannot come to an agreement, however, then they must take the case to trial. The first step in the trial process is deciding who the decision maker will be as to the facts of the case. In Utah if the defendant is being charged with a crime that is a class C misdemeanor or greater then they have the right to a jury trial. If the charge is only an infraction then only the judge can decide the case. In every case however you can decide to have the judge decide the case instead of the jury. Once the decision maker set and the jury is selected if there is going to be one, then the prosecution puts on their case, meaning they have the burden of proving that the defendant is guilty beyond a reasonable doubt. The defense has a chance to cross examine the witnesses called by the prosecution and then at the end they have the opportunity to put forward their defense and call any witnesses they would like as well. After both the prosecution and defense rest, the case is turned over to the decision maker to decide whether or not the defendant is guilty or not. If the defendant is found guilty then the judge will conduct sentencing, usually at a later hearing, but the jury never sentences the defendant only the judge, even in a jury trial.

Utah Criminal Trial Attorney

If you are being prosecuted for criminal charges and would like to take your case to trial then call the trial attorney’s at Ogden Criminal Defense Lawyer. Our lawyers have been through the trial procedure and can help you in your case to understand the process and defend your rights. Call or email us today to find out more.

Cruelty to Animals Charge in Utah

June 23rd, 2013 by | Comments Off on Cruelty to Animals Charge in Utah

When people think of what a Cruelty to Animals Charge in Utah may consist of, they most likely think of dog fighting and related activities. However, the truth is the law in Utah can include a number of different scenarios involving outright harm to animals to animal neglect. In the past, the law treated animals as simple property and owners were free to do as they chose with their animals. The idea of animal cruelty and protections for animals giving them a unique status under the law is relatively new. The law seems to be moving in the direction of giving almost stronger protections to animals then our human counter parts. Nonetheless, the law is what it is and in this day and age if you are facing an animal cruelty charge in this state, you better have an attorney to make sure your case and penalties don’t get out of hand.

Dog Fighting

Dog Fighting in Utah carries some very heavy penalties including a possible third degree felony and up to $25,000.00 in fines. A person not directly involved in the dog fighting but who is a spectator may face a class B misdemeanor. If you know who Michael Vick is, you have an idea of how seriously prosecutors and the courts take dog fighting and other serious animal cruelty cases. If you find yourself being charged with a dog fighting crime, do not delay in getting an Ogden Criminal Defense Lawyer on your case.

Enhanced Penalties

If you have ever been convicted for an animal cruelty crime in the past, you could be facing enhanced penalties for any subsequent charges. Basically, if you have priors and are charged again, your new charges will be enhanced at least one degree. At our Criminal Defense Law Firm in Ogden, Utah, our team of advocates will go to bat for you against an aggressive prosecution. Call 801-823-1200 to get us started on your defense today.

Ogden Shooting Suspect Held on $105k Bail

June 21st, 2013 by | Comments Off on Ogden Shooting Suspect Held on $105k Bail

The man being accused of shooting his father-in-law in an Ogden church last week is currently being held on $105,000 cash-only bail. Charles Jennings, is being charged with attempted murder, aggravated robbery, and aggravated burglary, for a criminal episode that allegedly included Jennings walking into an Ogden church and shooting his father-in-law in the head. His father-in-law has miraculously survived the shooting, thus resulting in the attempted murder charge and not a murder charge. Jennings was to have a bail hearing yesterday but his defense attorney asked for more time to review the evidence and then present his arguments as to what bail should be, the state of course will be asking for no bail meaning no opportunity for Jennings to get out of jail until the case is settled.

Ogden Bail Hearings

In Utah, bail hearings are held to determine whether or not a defendant that is in custody should be released of their own recognizance or if a bail should be required, and if so whether i be cash only or bondable. A bail is a fee that a detained individual must pay to get out of custody, and then once the case is resolved, regardless of the result, the bail is returned. This acts as an incentive to make sure that the defendant appears in court and resolves the case because they now have money riding on it so to speak. If the bail is cash only then you cannot have a bondsman pay your portion after you pay them a percentage you must pay the whole thing yourself which can be very difficult for most people. In most situations if the bail is bondable then the defendant can pay the bondsmen 10% of the bond and the bondsman will pay the court so the defendant can get out of jail. Then when the case is settled the bondsman gets his money back but the defendant does not, that money is what the bondman gets as a fee for his services.

Ogden Criminal Defense Attorney | Fighting for Your Rights at a Bail Hearing

If you or a loved one has been charged with a crime and is currently in custody awaiting a bail hearing then its important that you call Ogden Criminal Defense Lawyer right away. We can help you argue for a lower bail or that the defendant be released on his own recognizance. With the help of the experienced criminal defense attorneys at Ogden Criminal Defense Lawyer you can be sure that your rights are being adamantly fought for.

The Plea in Abeyance | Ogden Criminal Defense

June 13th, 2013 by | Comments Off on The Plea in Abeyance | Ogden Criminal Defense

The legal system can be a very confusing and foreign place for most people. People new to the system can feel like a fish out of water as they watch others like lawyers, the court staff, and repeat offenders who look like they know exactly what they are doing. Along with all the wordy criminal statutes that defendants have to start trying to understand there is a whole new vocabulary of processes and outcomes that don’t make any sense to them. One of these is the plea in abeyance.

What is a Plea in Abeyance?

The first thing to know about a plea in abeyance is that it is a good thing, in most criminal cases it is actually the best possible outcome or the best likely outcome. While the world plea makes some people cringe because they don’t want to plead guilty the reality is that the process is set up to save time, money, and headaches as it provides for some certainty in a very uncertain system. When a defendant enters into a plea in abeyance they are exchanging their guilty plea with the prosecutor for certain terms. The guilty plea is held in abeyance for a set period, usually somewhere between 6 and 18 months, and then if all the terms are met the case is dismissed, the guilty plea is basically thrown away and the case does not go on your record. So the take away from a plea in abeyance is that you can end up with a clean record and it will look like this incident never happened.

Getting help Getting Your Plea in Abeyance

The most common cases that allow for a plea in abeyance are drug related cases that involve possession and paraphernalia, however, it is possible to get a plea in abeyance in other types of cases as well. If are being charged with a crime whether it be a violent crime or a drug crime then call Ogden Criminal Defense Lawyer today, we can help you try and get a plea agreement that will work for you and provide you with the outcome you deserve.

Suppressing Evidence in Utah DUI Cases

April 29th, 2013 by | Comments Off on Suppressing Evidence in Utah DUI Cases

In Utah DUI cases are prosecuted very heavily, in fact Utah is one of the worst states to be charged with a DUI because there is such little leeway for defendants. Two scenarios where DUIs are especially difficult to fight are when the charged individual has a high BAC or when its a second DUI. In Utah a second DUI means a mandatory 10 days in jail or 240 hours of community service. However, some prosecutors will not allow for the 240 hours of community service option so the defendants in those cases will have to serve the 10 days of jail. Furthermore, some prosecutors will refuse to make a deal with defense attorneys even on a first DUI if the BAC is over a certain level, that level is different depending which prosecuting officer your case is with.

Fighting Tough DUI Cases in Utah

Even though these types of DUI cases are tough to fight in Utah, with the help of an attorney from Ogden Criminal Defense Lawyer you can still find a way to win these cases. One of the ways to fight tough cases like this is to try and get the evidence obtained by police suppressed because of violations of the constitution. If the police didn’t follow the right procedure or somehow violated your rights when you were pulled over and arrested for DUI then there may be a chance that the lawyers here at Ogden Criminal Defense Lawyer could get the evidence in your case suppressed and the case dismissed. While this chance is sometimes small and very unlikely to be successful it may be the best option in some DUI cases and at Ogden Criminal Defense Lawyer we do our best to give you every option at a successful outcome.

Call Ogden Criminal Defense Lawyer for Your Ogden Criminal Defense

A DUI is a very common yet very serious offense in Utah, and if you are facing a DUI charge in Layton, Kaysville, Brigham City, or Logan then call the experts at Ogden Criminal Defense Lawyer to help you get the best outcome available.

 

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Areas of Practice

We represent clients in all areas of family law including divorce, mediation, family law, child support, child custody, alimony, protective orders, prenup, annulment, parent time, paternity suits, separate maintenance, terminating, guardianship of a minor, and name changes.

Geographic Areas

Our firm practices in all the courts in Northern Utah, Ogden, Layton, Brigham City, Logan, Cache Valley, Box Elder County, Kaysville, Farmington, Davis County, Woods Cross, Bountiful, Weber County, and Riverdale.