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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Illegal Stop

For a stop of a vehicle to be legal the law enforcement official must have articulable reasonable suspicion that a criminal offense has occurred or is occurring. What this means is that the officer must be able to point to one fact or circumstances that makes him believe that a crime he could cite someone for has taken place. In other words a police officer can’t just pull a person over for no reason or because they think that they look shady. The practical application of this rule however holds almost no force because most officers know that they need articulable reasonable suspicion so they are unlikely to admit to pulling over an individual for no reason or an illegal reason. What usually takes place is an officer will state that the individual was driving too close, failed to signal, was speeding, or some other nit picky offense. Then when the case gets to court and the defendant wants to challenge the validity of the stop it is a he said she said scenario where the judge is more likely to believe the law enforcement officer. In conclusion it is very difficult, although not impossible, to get evidence suppressed under the illegal stop prong of the automobile exception.

Unlawfully Extending the Scope of the Stop

The second prong of the automobile exception is ensuring that the stop was conducted appropriately. A police officer is only allowed to investigate the crime for which they stopped the individual unless they obtain additional reasonable suspicion for another offense. What this means is that the officer can’t investigate every possible criminal offense imaginable after stopping a person for speeding. The standard for additional reasonable suspicion however is quite low and in most instances the officer need only state that they smelt marijuana or something along those lines to have enough to conduct additional investigation. It is easier to get evidence suppressed under this prong of the exception but still quite difficult.

Logan Criminal Defense Attorney | Suppressing the Evidence

The constitution provides citizens with certain rights that are meant to protect them from over zealous law enforcement. However, enforcing these rights can often be extremely difficult and that is why you need an experienced criminal defense attorney to help you in your case. At Ogden Criminal Defense we will look into every detail of your case to see if there is a way to suppress the evidence and we will let you know what your chances are and what the risks are of trying to suppress the evidence. To find out more please contact us for a free consultation.

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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.

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