Ogden Criminal Defense Law Blog Ogden Criminal Defense Lawyer

Understanding the Criminal Process in Utah

November 13th, 2012 by Todd Peterson | Comments Off

One of our goals in representing individuals charged with crimes in the Ogden Utah area, and throughout the rest of Northern Utah, is to help our clients understand each step of the criminal process. It is easy for an attorney who works everyday in the court system to forget their clients have likely little or no experience in the courts and may be a little bit overwhelmed to say the least. We make a conscience effort to explain and answer questions through each court hearing and motion all the way through trial if applicable. The criminal process is generally separated into two areas, misdemeanor cases and felonies. A brief explanation of each is addressed below:

Misdemeanor Process

After being charged with a misdemeanor, the Defendant’s first appearance will be the arraignment unless waived by the Defendant’s attorney. At the arraignment, the Defendant enters a plea of guilty or not guilty. If the Defendant pleads not guilty, the next court hearing will normally be a pre trial conference which gives the Defendant’s attorney a chance to discuss the potential for a plea bargain with the prosecutor. If no deal can be reached, the case will likely be set for trial. Prior to trial, the Defendant may file any evidentiary motions or other pre trial motions.

Felony Process

If the Defendant has been charged with a felony, the first appearance will be an initial appearance where no plea is entered but rather the formal information is presented to the Defendant. Following the initial appearance, the Defendant’s attorney can ask for a preliminary hearing or can set the case for a waiver of a preliminary hearing. Following the preliminary hearing, or after the hearing has been waived, than the arraignment is set and the matter proceeds forward much like the misdemeanor process described above.

More Information on the Criminal Process

For more detailed information about the criminal process in Utah, contact our office now and speak with an Ogden Utah Criminal Defense Attorney. We can be reached anytime day or night as a member of our team is always standing by to take your call or return your email.

The Defense of Ignorance or Mistake of Fact or Law

October 12th, 2012 by Todd Peterson | Comments Off

Generally speaking, ignorance of the law is rarely if ever a defense to a criminal charge. However, in a few very limited circumstances it may well be, particularly if it goes to the necessary mental state of the Defendant. This defense is laid out by statute in Utah Code Ann. 76-2-304 which reads:

“(1) Unless otherwise provided, ignorance or mistake of fact which disproves the culpable mental state is a defense to any prosecution for that crime.

(2) Ignorance or mistake concerning the existence or meaning of a penal law is no defense to a crime unless: (a) Due to his ignorance or mistake, the actor reasonably believed his conduct did not constitute an offense, and (b) His ignorance or mistake resulted from the actor’s reasonable reliance upon: (i) An official statement of the law contained in a written order or grant of permission by an administrative agency charged by law with responsibility for interpreting the law in question; or (ii) A written interpretation of the law contained in an opinion of a court of record or made by a public servant charged by law with responsibility for interpreting the law in question. (3) Although an actor’s ignorance or mistake of fact or law may constitute a defense to the offense charged, he may nevertheless be convicted of a lesser included offense of which he would be guilty if the fact or law were as he believed.”

Thus you can see that it is the rare case that meets the above described standard in which a Defendant could expect to succeed on a a defense involving mistake. However, if you feel mistake of law or fact may have played a role in your case, we can review your situation and bring your defense if applicable. We have seen this issue arise in spice cases as a valid defense because the spice laws in Utah are so vague actors have in some circumstances relied on authority that was in accurate. Speak with an Ogden Utah Criminal Defense Lawyer by calling the number listed above on this site for more information.

Weber County Criminal Defense Lawyer | Ogden DUI Attorneys

October 5th, 2012 by Todd Peterson | Comments Off

A Weber County Criminal Defense Lawyer in our Ogden office can help you resolve your criminal charges and keep you protected in a system that may be prejudiced against you. The Ogden and Northern Utah area continues to grow and many people living in this beautiful place find themselves facing charges of all sorts from domestic violence or assault, to marijuana possession or DUI. Whatever your case may be, we can help. We understand how the courts work in the Weber area and know what it takes to get you out of a bad situation in the best way possible. Over recent years, drug charges in Weber County have increased especially with the number of new synthetic drugs such as spice and bath salts showing up in smoke shops all over Ogden, Layton, Centerville, Roy, and other areas.

Ogden DUI Attorneys

We represent many clients each year from Ogden and surrounding areas in DUIs. Ogden City Police are known for making many DUI arrests each month and are constantly on the prowl for suspected drunk drivers. Don’t take any chances by going to court alone. If you were charged with a DUI in Weber County, call us as soon as you can. Following a DUI arrest, you have a limited number of days to request a hearing with the Driver License Division or your license may be automatically suspended for a long period of time. We appear on your behalf both in court and at the license hearing.

Criminal Charges in Weber County

If you are charged with a lower level misdemeanor offense, you will likely find yourself in one of the many Justice Court in the county. If you are charged with higher misdemeanor or felony offense, you will be charged in District Court. We represent individuals charged in all types of crimes and have experience in both the justice court and district courts, and also the juvenile court. So no matter your particular situation, we are likely the firm for you. Contact a Utah Criminal Defense Attorney today.

Ogden Inmate Accused of Multiple Bank Robberies | Theft Charges in Utah

July 9th, 2012 by Todd Peterson | Comments Off

An inmate being held in the Weber County Jail is being accused of robbing 2 banks while on leave for a dental appointment. The man was released to go to the dentist but apparently traveled to Wyoming where he allegedly robbed 2 banks. The man is suspected of other prior bank robberies including one in Oklahoma and one in Ogden Utah. While bank robberies may sounds like a thing of the movies only, the reality is that many people each year are charged with bank robbing crimes and other related crimes. In fact, while Utah does not have one of the higher bank robbing incident rates, the fact is that several of these crimes occur in Utah each year. In another recent case, an alleged bank robber would ride his bike up to the teller window and demand money. Not a very quick getaway using this method although bank robbing through the teller window seems to have increased in recent years. We also seem to be seeing more ATM thefts than in recent years. Many individuals attempt to take ATM machine and later break into them.

Theft Charges in Utah

If you or someone you know has been charged with bank robbery or any other type of theft charge in Utah, you should call us as soon as possible to discuss representation. Theft charges are extremely common in Utah especially shoplifting charges. Other theft charges we typically see include theft by deception and theft of services. No matter what type of theft charge you are facing, we can help. You can meet with a lawyer in our office for free and get an opinion from one of our Ogden Utah theft lawyers today. We offer flexible payment options so there really is no reason not to at least speak with a member or our team today.

Marijuana Drug Charges in Ogden Utah

June 21st, 2012 by Todd Peterson | Comments Off

When facing marijuana drug charges in Ogden Utah, you need to be aware of the applicable Utah drug laws and also understand how the courts function in Weber County. Being represented by an experienced Ogden criminal defense attorney can make all the difference in the outcome of your case. This article explains some of the typical sentences imposed in the Ogden area for minor marijuana charges and other similar offenses. For more information or for a detailed analysis regarding your particular set of facts, call and speak with a drug defense attorney in our office today.

Marijuana Laws in Utah

Medical Marijuana Licenses from Other States

The marijuana laws in Utah can be tough. Unlike other states such as California, Colorado, and Oregon, Utah does not have medical marijuana licenses. We receive many calls every month from people who are pulled over travelling through Utah and are cited for marijuana possession and paraphernalia. Many of these clients have medical marijuana licenses from other states and believe their out of state license some how saves them from prosecution in Utah. This is not the case. Your medical marijuana license is not effective anywhere except the state it was issues.

Common Penalties for Marijuana Charges

Generally speaking, any amount of marijuana less than an oz is charged as a Class B misdemeanor. Technically a class B misdemeanor can result in 180 days in jail. However, on a first time offense it is more common not to receive jail time in exchange for other probationary terms such as fines, drug testing, etc. This of course is assuming you hire a lawyer to get you the best result possible.

Utah Marijuana Defense Law Firm

At our Utah marijuana defense law firm, you can rest assured you will be represented by aggressive and skilled attorneys who will ensure you are treated fairly in a process that is already stacked against you. We are available to take your calls anytime. Call today at 801.823.1200.

Ogden Spice Attorney | Utah Drug Defense Lawyer

May 28th, 2012 by Todd Peterson | Comments Off

Over the past year, law enforcement officials have really been cracking down on spice and bath salts in the Ogden area. Police officers have been busting smoke shops, giving possession citations to individual users, and even citing people for DUI when they are under the influence of spice and driving. The state legislature over the past 2 years have passed significant laws regarding this new synthetic drug and are continually adding to the illegal substance list in Utah. Moreover, local Ogden city ordinances have made many of the spice and bath salt products illegal as well. Today, if you are purchasing spice, bath salts, potpourri, or any similar type of product from a smoke shop, chances are it is illegal. If you are a smoke shop owner and you are selling spice related products, you may be breaking the law without even knowing it. If you have had your product tested, it may still be illegal under the analog terms of the state drug list. Whether you are a seller, buyer, or distributer of spice, you should contact our law firm to get the proper legal advice on the legality of your product. Don’t take any chances; speak with an Ogden spice attorney at our firm now.

Utah Drug Defense Lawyer

If you have been charged with a synthetic marijuana crime, you should contact us and set up a meeting with one of our Utah drug defense lawyers rights away. Spice is new and the law in this area is just developing. When searching for representation you need to make sure your lawyer understands the latest changes in the law in this industry and has represented individuals in all types of spice related charges. As mentioned above, the analog and homolog terms of the controlled substance list in Utah often catches people who believe they were using or selling legal products. Even if your spice product may not be a specifically listed controlled substance, it may be analogous, meaning very similar and therefore illegal. Be careful, law enforcement officials have been aggressively pursuing these cases in Ogden and surrounding areas in Northern Utah. To get answers to your questions now and to get an attorney in Ogden on your defense now, call 801.823.1200.

Ogden DUI Defense Attorney | Utah Drunk Driving Lawyer

May 16th, 2012 by Todd Peterson | Comments Off

Experience and an understanding of the courts in Weber County are vital to any good Ogden DUI defense attorney. If you are searching for a Utah drunk driving lawyer, you found the right firm. We represent individuals accused of being intoxicated behind the wheel and have successfully resolved many cases across the state of Utah. The police in the Ogden area are aggressive when it comes to DUIs, alcohol related offenses, and drug charges. In many cases the police over step their legal bounds in the way they conduct a search or in the reasons they give for pulling someone over. Certain highway patrol troopers have been reprimanded recently for violating the civil rights of drivers who were charged with DUI and other offenses. Good representation is paramount to successfully resolving your DUI charges in Utah. We are focused not just on getting your case resolved quickly, but getting a result that is fair and working towards your goals. We understand a lot is on the line for you when you are facing a drunken driving charge, the loss of your license, fines, and even potential jail time. We do not take any case lightly and will work hard on your behalf to ensure the state does not take advantage of you in the process.

Weber County Drunk Driving Lawyer

If you have been charged with a DUI in Weber County, Davis County, or anywhere else in Northern Utah, call us today. We can be reached anytime at 801.823.1200. You can also fill out the contact form on this website. We know you have questions and concerns. We know you are looking for the right Weber County drunk driving lawyer with the right skills to defend you. Our law office has many reviewed posted online. 100% client satisfaction is our goal. One of the common complaints from client about their lawyers is the fact that they can never get a hold of them. Here, we make sure we are accessible to our client, return their phone calls, promptly, and keep them update through emails. For more information and to get us started today on your defense, contact us right away.

Utah DUI Drivers License Laws

You have a limited number of days to get a request for a hearing with the DLD after you have been charged with a DUI. It is absolutely vital you speak with an Ogden Utah DUI Attorney as soon as possible after you have been cited to ensure the notice is sent in a timely and you get the chance for a fair hearing before any action is taken on your driver’s license. Again, call quickly so we can get started right away, get your notice into the drivers license division, and let the court know your serious about the case.

Robertson: War on Drugs has Failed

March 9th, 2012 by Todd Peterson | Comments Off

Religious broadcaster Pat Robertson says that marijuana should be legalized much like alcohol because the governments war on drugs has failed. There have been multiple arguments very similar to the one Robertson puts forth but the general idea is that the results of trying to stop marijuana use, and the alleged damages that are being quelled are simply not worth the enormous cost. The argument to the contrary seems to lie too heavily on the idea that marijuana is a gateway drug and if it is not stopped it will lead to harder drugs and harder crimes.

Utah’s Marijuana Laws

One of the main concerns of Robertson and others is not only that we are spending money on the enforcement and prosecution of marijuana crimes but that we are jailing people based on marijuana possession. It is argued that the criminalization of marijuana makes more criminals than it stops because something that is considered a minor offense in society is treated as a major offense by our judicial system. Thus we get common people that do not have the harden disposition of a criminal being imprisoned and introduced into a world of repeat offenders. In Utah, marijuana crimes can range from a class B misdemeanor possession charge to a felony for distribution or possession of a larger amount.

Ogden Criminal Defense Attorney | Marijuana

If you have been charged with a marijuana crime then get legal help right away. You may have made a mistake by breaking the law or maybe you didn’t break the law at all but either way you can mitigate the effects this charge will have on your life by hiring an attorney. If you are looking for an attorney in Ogden or any other part of Northern Utah then call Ogden Criminal Defense Lawyer, and set up a free consultation today.

Domestic Violence Defense Attorney | Ogden | Layton

February 15th, 2012 by Todd Peterson | Comments Off

If you are looking for a domestic violence defense attorney in the Ogden and Layton areas, you found the right place. If you have been charged with DV or assault, you are facing a very tough prosecution and you deserved the best possible defense. We have taken on some of the toughest violent crimes cases and have the experience necessary to see your case through to a successful resolution. We also understand that domestic violence charges are often brought against innocent people. Often the police feel they have to charge someone with DV just to cover their own liability or “just to be safe.” In many cases an individual is charged with domestic violence when their actions do not arise to such a level and neither party involved wanted police intervention. We also know that relationships can sometimes go bad and carry a lot of emotion. We fight cases like this and do everything we can to make sure you are not taken advantage of in a legal system that can be unforgiving.

Domestic Violence Laws in Utah

The domestic violence laws in Utah can be incredibly tough even on first time offenders. A first time offense for domestic violence is generally charged as a class B misdemeanor which carries the potential for quite a bit of jail time. Depending on the facts, some domestic related cases are charged as higher offenses including felonies. In many cases the judge will require you to take a domestic violence or anger management course if you are convicted. Other penalties can include fines and community service just to name a few. There is a lot on the line but we understand that everybody deserves a second chance and we want to help you get you opportunity to move forward.

Utah Assault Lawyers

If you have been charged with domestic violence, we can help. We have represented numerous individuals in Ogden and throughout Utah who have been charged with violent crimes. Call and speak to one of our Utah assault lawyers today, we look forward to your call: 801-823-1200.

Drug Crimes in Utah | Northern Utah Attorney

February 8th, 2012 by Todd Peterson | Comments Off

It may come as no surprise to some people that a very large portion of our criminal justice system is dedicated to drug crimes and the infamous war on drugs. In Utah the law books are filled with different crimes that relate to drug sale, abuse, possession, etc… and jails are also filled with offenders of these crimes. Although some may view drug use as simply recreational and its not hurting any body it might be important to note that the law doesn’t view drug use in this way and it is heavily prosecuted and punished.

Drug Charges and Penalties

What makes drug charges so difficult to defend and so punitive is that multiple charges are normally involved with one incident and some of the charges require little evidence to convict a person. For example a possession charge might be based on the mere fact that a person was sitting closest to the drugs in the car even though those drugs might belong to someone else in reality. Furthermore, drug charges vary from paraphernalia, to possession, to distribution so one incident of a person being found with drugs could potential lead to charges of all three of the previous listed crimes, as well as include enhancements for having the drugs in a drug free zone.

Northern Utah Criminal Defense Attorney | Drug Crimes

If have been accused or charged of a drug crime then you need the help of an attorney to protect your rights at this difficult time. Whether you life in Ogden, Bountiful, Layton, or anywhere in Northern Utah, the lawyers at Ogden Criminal Defense Lawyer can help you through this process. Our attorneys are experienced criminal defenders and have helped hundreds of clients in their drug crime cases. We will make sure you get the best outcome available and we will treat you with the respect you deserve. Call or email us today to set up a free consultation.

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