Ogden Criminal Defense Law Blog Ogden Criminal Defense Lawyer

Your Right to Remain Silent

April 11th, 2013 by Todd Peterson | Comments Off

Your right to remain silent is one of the most important, and unfortunately for many, most overlooked rights when being investigated for a crime. Under most circumstances, you are not under any obligation to provide police with information which is self incriminating. Most people know, from watching shows like Law and Order, they cannot be compelled to testify against themselves in court. However, many people do not realize that they cannot be compelled to offer incriminating statements and confessions to law enforcement when interrogated. The police are often very good and getting confessions or getting people, even those who are innocent in many situations, to provide statements which are later used in court against them and significantly hurt their case. As rule of thumb, it is always a good idea to speak with an attorney before talking to police about anything you may be investigated for.

Invoke Your Right to an Attorney

If the police contact you, if the police want to questions you, let them know you will not be talking to them until you have an attorney. Invoking your right to a lawyer should terminate any questioning by law enforcement. Everyone is entitled to speak with a lawyer and the police cannot continue to interrogate you after letting them know you are refusing to speak until you have an attorney.

Speaking with a Lawyer

Many people want to give their side of the story to the police, especially if they are innocent of any crimes. However, this so often works against you it is not advised no matter what the circumstances. Reviewing your case with an Ogden Criminal Defense Lawyer at our office can make all the difference in the world. For more information, call and speak with a member of our team right now at 801.823.1200. We are available 24/7 and can help you prevent putting your foot in your mouth.

Aggravated Assault Charges in Northern Utah

April 3rd, 2013 by Todd Peterson | Comments Off

Aggravated assault is a piggyback statute to simple assault, meaning that the prosecutor is required to show that the defendant has created assault and then must also prove the existence of the aggravating elements. There are two ways that assault can escalate to an aggravated assault, the first is the uses of a dangerous weapon, and the second is the use of some other means or force likely to produce death or serious bodily injury. Ultimately the idea is the same, if seriously bodily injury could result from the defendant’s methods then there is the possibility of an aggravated assault charge. The reason for the second categories is simply because the list of dangerous weapons can’t possibly include everything that could cause serious bodily injury.

Aggravated Assault Penalties in Utah

In Utah a conviction of aggravated assault could be a second degree or third degree felony. If the defendant actually causes serious bodily injury then it is a second degree felony, if not then it is a third degree felony. The important thing to remember about assault is that not just the act of using unlawful force is criminal but also an attempt or a threat. So even if the defendant did not actually injury any one if they commit an assault and use a dangerous weapon they could still be facing a third degree felony which could be sentenced with as much as 5 years in prison and a $5,000 fine.

Weber County Violent Crimes Defense Attorney | Aggravated Assault

If you are facing violent crime charges in Northern Utah then you need an attorney right away, call Ogden Criminal Defense Lawyer for the help you need. Violent crimes are prosecuted very heavily and can be punished by serious prison time and fines. The attorneys at Ogden Criminal Defense Lawyer can help you defend yourself and make sure you get the best outcome available.

Utah’s Criminal Justice System | The Process

March 29th, 2013 by Todd Peterson | Comments Off

Facing criminal charges can be very confusing and full of anxiety for most people. When law enforcement first cites an individual for an alleged crime they usually only give the individual a date that they need to appear at court or maybe even less. Then at the first hearing there is a lot of legal jargon thrown the defendant’s way and behind all of it is the fear of a lot of misconceptions and false assumptions of what could happen to the individual. Most of the uncertainty and fear, however, can be cleared up with a little bit of knowledge of what the process is and what you should expect when you go to court.

From Arraignment to Pretrial Conference

The first hearing in a justice court is called in arraignment and this is simply a hearing for the court to make sure they have your right contact information, make sure you are going to come to court, and find out whether you want to plead guilty or not guilty. Although you may feel guilty simply because you are in court you may not understand the law and you may not have actually committed the offense you are being charged of so if you want to fight the charge whether it be a traffic offense or a serious violent crime, you need to make sure and plead not guilty. From there you will schedule a pretrial conference which is a hearing to facilitate settlement, meaning the defendant or the defendant’s attorney will meet with the prosecutor to see if any charges can be dismissed, lowered, and sentencing fixed in exchange for the defendant pleading guilty. If there is no settlement then trial is set and you will finally argue your case before the judge and he will make his decision.

Ogden Criminal Defense Attorney

If you have been charged with an offense in Ogden, Logan, Farmington, or anywhere in Northern Utah then call the lawyers at Ogden Criminal Defense Lawyer for help. We will make sure you understand every step of the process and will help you make informed decisions about your options. Call or email us today for more information.

The Right to Remain Silent

March 14th, 2013 by Todd Peterson | Comments Off

Most everyone understands they have the right to remain silent. Unfortunately, many individuals accused of a crime choose not to exercise that right and provide the police with incriminating statements against themselves. The police often have a way of making you feel as though you have no choice but to cooperate in their investigation and to speak with them about the allegations against you. We hear frequently from clients that they were told by the cops they would go easier on them if they cooperated. We also hear other related statements by the police trying to induce individuals to give statements against themselves such as, “we can either do this the hard way or the easy way.” The truth is you do not have to speak with the police at all and you have a constitutional right not to do so. Not only that, cooperating with a police interrogation almost always hurts your case as opposed to helping it at all.

How to Respond to Law Enforcement

If you are being questioned in connection with a crime, do not give into police pressure to make incriminating statements against yourself. Before you do anything, you should speak with a lawyer and get sound legal advice. Therefore, if the police have arrested you, detained you, or are interrogating you. simply respond to their questions by invoking your right to remain silent and only let them know you wish to have a lawyer present before your begin speaking to them. Do not give into coercive tactics used by law enforcement. Do not buy into the lie that you will somehow be treated better by the cops and they will “go easy” on you.

Suppressing Statements

If you have already spoken with the police and believe your statement may be damaging to your case, you may still have options in your defense. In some cases, evidence obtained by the police after interrogating an individual may be suppressed. This means under certain circumstances, statement you may have given might not be admitted in court for the jury to hear. To find out more, call and speak with an Ogden Criminal Defense Lawyer at our office today. We look forward to your call.

Out of State Criminal Cases

March 8th, 2013 by Todd Peterson | Comments Off

Being charged with a crime can obviously be a very difficult and trying scenario. The law is quite foreign to most people and the states power over individuals convicted of a crime makes for a very uncertain and frightening situation. However, facing criminal charges can get even more stressful if you are charged with a crime in a different far from your home. A lot of individuals find themselves facing criminal charges from their time on vacation or while traveling to or through a neighboring state to their own.

Benefits of Legal Counsel in an Out of State Case

If you have been charged with a crime in Utah and you don’t live in Utah or maybe you were charged in Northern Utah and live in Southern Utah, then you essentially have two options. First you can try to deal with the case on your own or with the help of a public defender. If this is your choice then you will have to return to the area where you were cited to attend court proceedings at least a couple of times before your case is resolved. The second option is to hire private counsel like the attorney’s at Ogden Criminal Defense Lawyer to represent you. At Ogden Criminal Defense Lawyer we will make sure that your appearance is waived from the court proceedings, making it so you will not have to travel long distances for court proceedings and we will communicate with you in a way that will give you all the information you need to make an educated decision about your case.

Northern Utah Criminal Defense Attorney

If you have been charged with a crime in Ogden, Farmington, Logan, or some other part of Northern Utah and you live out-of-state or in a distant part of Utah then call Ogden Criminal Defense Lawyer today to find out how we can help you. Our attorneys are skilled and experienced criminal defense lawyers who know the prosecutors and judges in the area and know how to get their clients the best results available. Contact us today to get started on protecting your rights with expert legal defense.

Box Elder County Criminal Defense Lawyer | Brigham City

February 15th, 2013 by Todd Peterson | Comments Off

A Box Elder County Criminal Defense Lawyer at our firm can defend you in any type of case in the Northern part of the state. From Tremonton to Brigham City, and all of the surrounding Northern Utah areas, we can help. When searching for the right Utah Criminal Defense Attorney, be sure you find someone experienced in the court where your case is located. At our office, we have defended individuals throughout Box Elder and the other northern counties. We are familiar with the Box Elder County Justice Court and can help ensure you are treated fairly in this system. The district court’s in the northern part of the state handle the more serious offenses such as felonies. If you find yourself in district court as a result of a charge in Box Elder, call and speak with one of our Ogden Defense Attorneys now.

Pulled Over on I-15

Many individuals each year are pulled over on I-15 around Brigham City. Troopers heavily patrol this area and are always on the lookout for out of state drivers suspected of trafficking marijuana, cocaine, or other illegal drugs. We receive many calls each month from individuals who complain they were pulled over and illegally searched. If you were pulled over in Box Elder County and arrested for DUI, marijuana possession, drug distribution, or any other related crime, you should absolutely speak with an attorney before taking any measures in court or prior to providing any potentially self incriminating statements to the prosecution.

Representation in Box Elder County

Our team of Box Elder County Attorneys represents all kinds of individuals from all different walks of life. We enjoy representing the accused and protecting inalienable rights set forth in the constitution. Do not hesitate to pick up the phone and get in touch right away with a member of our office. We answer phones day and night and can help you get through the criminal court system quickly and reasonably.

Utah Drivers License Point System

February 8th, 2013 by Todd Peterson | Comments Off

In Utah the legislature has set up a system to try and improve driving in Utah by having the Drivers License Division issue points to a persons license for certain traffic violations. Based on how many points a person has they could have their license suspended or revoked for three months to a year. Most points come from speeding tickets which can add 35 to 75 points to a persons drivers license. The most points however come from a reckless driving charge, which a person is guilty of if they operate a vehicle with willful or wanton disregard for the safety of persons or property or while committing three or more moving violations within a three mile period.

Reckless Driving in Utah

In Utah a charge of reckless driving is a class B misdemeanor and along with the drivers license penalties that can be imposed a class B misdemeanor can carry a maximum penalty of 6 months imprisonment and a $1,000 fine. Even though this charge can carry serious penalties it is often a good option to reduce a DUI charge to a reckless driving if that’s an option with the prosecutor, because it carries less enhanceability consequences.

Drivers License and Reckless Driving Lawyer in Northern Utah

If you have been charged with reckless driving or a DUI in Northern Utah then it is important that you have an attorney that doesn’t only understand the legal proceedings but also the other administrative problems you may have because of the charges you are facing like having your drivers licenses suspended. At Ogden Criminal Defense Lawyer we make sure that our clients understand every aspect of each outcome that is available to them and we help them make decisions that will have serious impact on their future. If you’d like to know more about how we can help you in your case call or email us today for a free consultation.

Texting and Driving Charges in Ogden Utah | Automobile Homicide

January 26th, 2013 by Todd Peterson | Comments Off

Not too long ago the Utah State Legislature, like many other state legislatures around the country, made texting and driving a crime. But our law makers didn’t stop there. The law was recently changed so that doing anything on a cell phone is illegal except talking or using GPS navigation. The law use to be such that if you were not actually texting, but rather just simply reading a text or email, you could not be prosecuted. Texting and driving is generally a Class C Misdemeanor. However, if you cause injury or harm as a result of texting and driving, you can be charged with a higher offense of a Class B Misdemeanor or in some cases possibly even a felony. As a result, Utah’s new law has been called one of the toughest in the country. If you are charged with texting and driving or a distracted driving charge in Utah, you should call our law office and speak with an Ogden Criminal Defense Attorney before waiting too long.

Talking on the Cell Phone While Driving

Other states like California make it a crime to speak on your mobile unless you are using a Bluetooth or other hands free device. Many new vehicles are equipped with built in Bluetooth technology so you can link your cell phone with your car speaker system. It seems more and more states are addressing the issues of cell phones and driving and make laws to prevent distracted driving by talking or texting. For now, Utah does not impose the same cell phone talking restrictions but many believe that is the next step here in the beehive state, as accident resulting from distracted driving seem to continue to increase.

Automobile Homicide

Recently, a man from central Utah was charged with automobile homicide after he hit a teenager crossing the road. The man is accused of texting and driving at the time he struck the minor. There are very unfortunate circumstances and we caution everyone to be careful while driving. Most all of us are probably guilty in one respect or another of being distracted while we are driving. If you or someone you know find yourself in a situation where you are facing a texting and driving charge, or maybe even something more serious like automobile homicide. We can help. We have defended numerous cases involving these types of charges and understand what is on the line for you.

Murder Suspect Found Dead in Jail Cell

January 11th, 2013 by Todd Peterson | Comments Off

A man that was accused of murdering an Ogden woman was found dead in his jail cell this last November. Jeffrey White had apparently hanged himself in his jail cell after being booked into the Weber County Jail on charges of murder, and domestic violence in the presence of a child. White apparently had a history of domestic violence against his live in girlfriend and after an argument in October things escalated to the point where White strangled his girlfriend and shortly thereafter she was rushed to the hospital where she passed.

Domestic Violence and Other Violent Crimes in Northern Utah

Domestic violence has become a huge part of the legal system, while some people have learned to withhold from committing violent behavior in other aspects of life because of the legal consequences, domestic violence continues to be a problem for many. Whether it happens in the presence of the child, or whether it ends up resulting in the death of an individual like the story above domestic violence is a crime and its a problem. The law defines domestic violence as violence against a cohabitant, meaning that it can be committed by one roommate against another or in the typical case between individuals involved in an intimate relationship.

Ogden Violent Crimes Defense Attorney

If you have been charged with a violent crime in Ogden or surrounding parts of Northern Utah then call the attorneys at Ogden Criminal Defense Lawyer today. Prosecutors and the courts are very tough on violent criminals as they should be but you need to make sure that you aren’t being punished for something you didn’t do or punished beyond what is right and lawful. The lawyers at Ogden Criminal Defense Lawyer are experienced criminal defenders that can help you understand the law and what your likely outcomes will be as well as fight tirelessly to defend your rights.

Drug Crimes in Ogden, Utah

December 21st, 2012 by Todd Peterson | Comments Off

As the war on drugs continues more and more people face criminal charges because of their use of illegal substances. A large portion of the criminal justice system is consumed in finding, charging, prosecuting, and punishing these people and regardless of your philosophy on whether that’s right, prudent, or efficient it is the reality. As such people need to be careful to make sure they understand the law, obey the law, and if they are charged with a drug crime then seek the proper representation to protect their rights and their future.

The Effect of Drug Charges and Convictions

Even though there are hundreds of drug charges brought against individuals on a daily basis the stigma surrounding drug convictions is still very negative and very intense. Having a drug arrest or conviction on your record could keep you from getting a job, qualifying for certain benefits, or being approved for housing. Because drug charges can have such a huge impact on your life it is very important that you don’t take your legal defense lightly and the best way to protect yourself is by hiring an attorney to represent you in your case.

Drug Crimes Attorney in Ogden

If you have been charged with a drug crime in Ogden, whether it be for marijuana or a hard drug then call the attorneys at Ogden Criminal Defense Lawyer today. We are experienced attorneys that have dealt with hundreds of drug charges and we know how to protect your rights and get you the best outcome available. Whether you’re being charged with possession, use, or distribution we know how to help. Call or email us today, we offer free consultations over the phone and can help you understand the legal process, the likely outcomes of your case, and answer any of your questions without you leaving your home.

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