Supreme Court Rules on Phone Searches

Thankfully, the U.S. Supreme Court recently addressed the issue of phone searches holding police are required to obtain a warrant to search a person’s phone. All the same exceptions may apply to the warrant requirement but at least SCOTUS acknowledged the overwhelming public sentiment that phones should be considered private and beyond the reach of law enforcement’s snooping absent a warrant. This case is a good sign the justices will decide future cases in favor of the end users and limit the ever growing power of the federal government.

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• Voluntary – First, was the defendant’s statement voluntary? It must be voluntary as determined by the totality of the circumstances. A statement will be involuntary if there is some kind of official compulsion. For instance, if a cop holds a gun to your head and says “tell me you did it,” anything said would clearly not be voluntary and thus inadmissible.
• Custody – The next question to ask is whether or not the defendant was in custody when the statement was made. If the defendant was not in custody or being detained, anything he/she said would likely be admissible. If the cops are merely speaking with you but haven’t detained you or arrested you, your not in custody and are making voluntary statements.
• Interrogation – If the defendant was in custody at the time, was the statement given by defendant in response to police interrogation or did the defendant offer the confession or statement absent law enforcement eliciting information. For instance, if the defendant is handcuffed and in the back of a squad car, and is just running off at the mouth without any questioning by the police officer driving, such statements would likely be admissible. We see this occur often where a defendant makes voluntary statements without even being questioned by the police than later claims no miranda rights were given but the motion to suppress fails because of a lack of interrogation.
• Miranda Warnings – If the defendant is in custody and is being interrogated by the police, were miranda warnings given prior to the defendant’s statements? If so, defendant’s statement thereafter may be admissible. It is important to note that miranda warnings are only necessary if the defendant is in custody and is being interrogated by the police.
• Waiver – Did the defendant knowingly and voluntarily waive both the right to remain silent and the right to an attorney? If the defendant invoked either right, and was still questioned by police, any statement given will likely be inadmissible. The defendant may terminate any interrogation at anytime prior to or during the questioning invoking his/her Miranda rights.

There are other exceptions that might apply to the general rules cited above so anyone charged with a crime seeking to throw out a confession or statement should speak directly with an Ogden Utah Criminal Defense Lawyer regarding their particular set of circumstances.

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Unlawful Sexual Activity with Minors in Utah

Some have argued a first degree felony charge is much too high a charge in these types of circumstances while others feel it is warranted. Utah law indicates whenever there is unlawful sexual activity involving a minor it can be enhanced through a showing that the adult occupied a position of trust with the minor. Such a position of trust is defined as several potential relationships including that of teacher and student. In the case described above, Davis County is certainly taking a very aggressive approach to the case in the types of charges that were filed. A preliminary hearing will be set in the case to determine if evidence can be presented sufficient to bind the charges over for trial.

Sexual Charges in Ogden Utah

If you have been charged with statutory rape, unlawful sexual activity with a minor, rape, or any other type of sex crime, you should have an aggressive legal defense to ensure your rights are protected in the process. Speaking with an Ogden Criminal Defense Lawyer can help get you started on the right foot in the process.

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Going to trial could be a bet you don’t want to make with your life.

When most people think of criminal defense they think of Perry Mason or Matlock standing in a courtroom and arguing to a jury about why their client is innocent. In reality this rarely happens and that is because of the huge risks involved with going to trial. Most cases are settled before trial because settlement provides defendants with a more certain outcome that they can rely on. While going to trial could possibly end in a much better result than the offered plea agreement it could also end much worse. Although taking a deal is the norm some individuals still take their case to trial and are successful, below are some reasons why someone might decide to take their case to trial.

Reasons to go to Trial

Nothing to Lose

In some situations because of criminal history or other factors the prosecution may not be offering a plea agreement at all, or the plea agreement may be so bad that it is as if they are offering nothing at all. In these cases the alternative to going to trial is just pleading guilty to the charge that was brought and await for the judge’s decision on sentencing. Therefore the defendant essentially has nothing to lose by taking the case to trial and seeing if he can get the prosecution to change their mind about a deal because they don’t want to go to trial or see if they can convince the jury that they are innocent. While I say there is nothing to lose, in most cases there is an additional fee to their attorney that they may lose by taking the case to trial, which is definitely something to consider when making the decision about going to trial.

Calling the Bluff

Defendant’s usually don’t want to go trial because of uncertainty and prosecutors are the same way. They would rather have a for sure conviction then go through the process of trial and possibly come up with nothing. Furthermore, the prosecutor may be worried about flaws in their case such as suppression issues or being able to get witnesses to testify, and that can lead them to offer get plea deals to get rid of the case. So in some situations the defendant may try and call the prosecutors bluff and try and take the case to trial to see if the prosecutor simply dismisses the case because they can’t get a witnesses to show up to testify.

Your Day In Court

Finally one of the most compelling reasons for most people on why they take their case to trial is because they don’t feel as if they are guilty and they want their day in court to let that be know and fight for their innocence. While this is a very commendable reason to go to trial it does not however preclude the possibility that the jury or judge could still find your guilty even if you know with absolute certainty that you did not do what they say you did. The justice system makes mistakes and sometimes innocent people are convicted and it is important to know that before you take your case to trial.

Ogden Criminal Defense Attorney

If you are being charged with a crime and think you may want to take your case to trial the first thing you need to do is speak to an attorney. At Ogden Criminal Defense we have represented hundreds of clients and we can help you understand the benefits and risks of going to trial so you can make an informed decision about your case. The consequences attached to criminal cases are huge so you should not be making any decisions that you are not sure about. Call Ogden Criminal Defense for a free consultation today to get your questions answered and the help you need.

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Having your Appearance Waived

While your appearance in court is important to the court, what they really care about is that you are going to resolve the current case. This means that if you hire an attorney there are some scenarios where you may not ever have to go to court. For example if you live out of state and you were cited with a class B misdemeanor or lower than an attorney can usually appear on your behalf and enter a plea agreement by affidavit instead of having you in court in person.

Avoid a Warrant | Call Ogden Criminal Defense

If you fail to realize how important your appearance at court is then you may be facing a bench warrant for your arrest for not taking care of your court case. Instead of possibly being taken to jail on an arrest warrant, call the attorneys at Ogden Criminal Defense and find out how we can help you resolve your case. We have worked with hundreds of clients and we know how to protect your rights and help you resolve your case as quickly and efficiently as possible.

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This is an extremely tragic turn of events that ended the innocent life of an infant and will of course change the boyfriend’s life forever as he will likely be facing charges of child abuse and possibly a homicide charge as well.

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What to Expect when Criminally Charged

If you have been cited for committing a crime then there is a general timeline that you case is likely to follow. If your case is a class B misdemeanor or lower you will be in justice court and if its a class A misdemeanor or higher it will be in district court. If you hire an attorney at the justice court level you can get the arraignment canceled and a PTC date set which is normally about a month out from the date the arraignment is canceled. So likely at least two months after the original date. If you are in district court then the arraignment cannot be waived and you will have to wait about a month for that court date, then possibly schedule a preliminary hearing and then from there a pretrial conference. So in either court you could be looking at 2-4 months after the original citation date for a pretrial conference and that’s only the end of the process if you plan on taking a plea deal. Long story short be prepared to do a lot of waiting in your case.

Ogden Criminal Defense Attorney | Helping Speed up your Case

If you are being charged with a criminal violation then give Ogden Criminal Defense Lawyer a call, we strive to help our clients with all of their concerns in their criminal case including doing what we can to speed up the process. In a lot of scenarios we are at the mercy of the court but in others we can get pointless hearings canceled or file certain paperwork by affidavit so you don’t have to be at court. Call or email us today to find out how we could help you in your specific case.

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“We will go easier on you if you cooperate.”

I hear all the time from people who were told by the police they would go easier on them if they cooperated. This is rarely if ever the case. In fact, this is a common tactic used by police to induce a confession or statement against your interest. Do you really believe you telling the police exactly how you managed to break into that home while high on drugs with a gun you stole is going to result in a better outcome for you? News flash: the police are not going to go any easier on you just because you made their job easier. The truth is they are compelled to charge you with whatever crimes you have admitted to.

Falsely Believing You Have to Cooperate

Many people believe they have to cooperate with the police when asked; this is not necessarily the case. For instance, just because a police officer pulls you over on the side of the freeway and then politely asks if he/she can search your car, doesn’t mean you have to say yes. You can refuse to give your consent for any search.

Suppressing A Confession

In some cases, you may be able to prevent your confession from coming back in as evidence against you at trial. For instance, if the police failed to administer Miranda rights when required to do so, a subsequent confession may be suppressed. If you have been charged with a crime and spoke with the police, you need to speak with an Ogden Utah Criminal Defense Lawyer to determine if your statement can be kicked out.

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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.

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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.

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