Criminal

INDEX

Use the links below to quickly navigate to topics.

FACT SHEET: MURDER, HOMICIDE, MANSLAUGHTER

Homicide is the killing of one human being by another either lawfully or unlawfully. Homicide includes murder and manslaughter, which are unlawful, and the acts of excusable and justifiable homicides, which are lawful. In Utah, the consequences of an aggravated homicide include the possibility of the DEATH PENALTY. It is vitally important that you immediately seek competent counsel. Manslaughter is the killing of one human being by another either without the required intent for murder, or under certain circumstances generally known as “heat of passion”.

Consequences for the conviction of murder may potentially include:

• Death Penalty
• Life in prison with or without parole
• Five to life in prison
• Significant fines and restitution
• Loss of certain civil rights, right to vote, right to own weapons
• Probation or parole
• Court ordered counseling or treatment
• Other consequences

Likelihood of any of the above consequences depends upon the following factors:

• Attorney assistance
• Any other prior convictions
• Currently on probation or parole
• Attitude of community and court toward this type of crime
• Degree of media attention on the case
• Mitigating/aggravating circumstances
• Counseling or other alternative to incarceration

Defenses of Murder may potentially include:

• Insufficient evidence
• Jurisdictional issues
• Mistaken identity
• Evidence violations
• State and Federal Constitutional violations
• Other

What can you do to improve the outcome of your case?

• The single thing that will affect the outcome of your case is retaining an attorney with significant homicide practice to represent you throughout the case
• Gather documentation of your good character (Reference letters, employment history, community service, etc.)
• Exercise your right to remain silent
• Review your rights with your attorney
• Review your defenses with your attorney
• Keep a log listing significant events and potential witnesses
• DO NOT investigate your own case

What can we do to help?

• Early preparation, including legal research and defense identification
• Advise you of your constitutional rights
• Early investigation and identification of all facts helpful to your defense
• Interview police and witnesses to minimize or eliminate the case
• Meet with the prosecutor for a possible charge bargain or possibly move the case to the justice courts where appropriate
• Interview all witnesses
• Set or reduce bail or obtain a release on your promise to appear
• Keep you updated on all aspects of you case, including possible defenses and alternatives
• In appropriate cases, negotiate jail alternatives such as counseling etc.
• Contact and hire expert witnesses that will help in your defense
• Research and file appropriate motions to dismiss the case
• Research and file appropriate motions to suppress evidence

DO NOT TALK TO THE POLICE WITHOUT YOUR ATTORNEY PRESENT

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FACT SHEET: ROBBERY

A person commits ROBBERY when he/she takes the personal property of some value belonging to another directly from that person. The offense becomes AGGRAVATED ROBBERY when a weapon is used in the robbery. One of the elements of the offense is that the person took the property and had the specific intent to deprive the alleged victim permanently of that property; and that person carried the property away by obtaining physical possession and control for some period of time and by some movement of the property. There are often significant defenses to the charge of robbery that need to be explored by a competent trial attorney.

Consequences for the conviction of Robbery may potentially include:

• Imprisonment
• Jail
• Loss of the right to vote
• Loss of other freedoms
• Loss of the right to own a deadly weapon
• Probation or parole
• Court ordered counseling or treatment
• Fines and/or restitution
• Other consequences

Likelihood of any of the above consequences depends upon the following factors:

• Attorney assistance
• Any other prior convictions
• Currently on probation or parole
• Attitude of community and court toward this type of crime
• Degree of media attention on the case
• Mitigating/aggravating circumstances
• Counseling or other alternative to incarceration

Defenses of Robbery may potentially include:

• Insufficient evidence
• Jurisdictional issues
• Mistaken identity
• Evidence violations
• State and Federal Constitutional violations
• Other

What can you do to improve the outcome of your case?

• The single thing that will affect the outcome of your case is retaining an attorney with significant practice to represent you throughout the case
• Gather documentation of your good character (Reference letters, employment history, community service, etc.)
• Exercise your right to remain silent
• Review your rights with your attorney
• Review your defenses with your attorney
• Keep a log listing significant events and potential witnesses
• DO NOT investigate your own case

What can we do to help?

• Early preparation, including legal research and defense identification
• Advise you of your constitutional rights
• Early investigation and identification of all facts helpful to your defense
• Interview police and witnesses to minimize or eliminate the case
• Meet with the prosecutor for a possible charge bargain or possibly move the case to the justice courts where appropriate
• Interview all witnesses
• Set or reduce bail or obtain a release on your promise to appear
• Keep you updated on all aspects of you case, including possible defenses and alternatives
• In appropriate cases, negotiate jail alternatives such as counseling etc.
• Contact and hire expert witnesses that will help in your defense
• Research and file appropriate motions to dismiss the case
• Research and file appropriate motions to suppress evidence

DO NOT TALK TO THE POLICE WITHOUT YOUR ATTORNEY PRESENT

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FACT SHEET: ASSAULT AND AGGRAVATED ASSAULT

Assault occurs when one person threatens or uses physical violence on another person. Aggravated Assault occurs when that assault includes the threat or use of a dangerous weapon or serious bodily injury results.

Consequences for the conviction of Assault and Aggravated Assault may potentially include:

• Imprisonment
• Jail
• Loss of the right to vote
• Loss of other freedoms
• Loss of the right to own a deadly weapon
• Probation or parole
• Court ordered counseling or treatment
• Fines and/or restitution
• Other consequences

Likelihood of any of the above consequences depends upon the following factors:

• Attorney assistance
• Any other prior convictions
• Currently on probation or parole
• Attitude of community and court toward this type of crime
• Degree of media attention on the case
• Mitigating/aggravating circumstances
• Counseling or other alternative to incarceration

Defenses of Assault may potentially include:

• Self-Defense
• Insufficient evidence
• Jurisdictional issues
• Mistaken identity
• Evidence violations
• State and Federal Constitutional violations
• Other

What can you do to improve the outcome of your case?

• The single thing that will affect the outcome of your case is retaining an attorney with significant practice to represent you throughout the case
• Gather documentation of your good character (Reference letters, employment history, community service, etc.)
• Exercise your right to remain silent
• Review your rights with your attorney
• Review your defenses with your attorney
• Keep a log listing significant events and potential witnesses
• DO NOT investigate your own case

What can we do to help?

• Early preparation, including legal research and defense identification
• Advise you of your constitutional rights
• Early investigation and identification of all facts helpful to your defense
• Interview police and witnesses to minimize or eliminate the case
• Meet with the prosecutor for a possible charge bargain or possibly move the case to the justice courts where appropriate
• Interview all witnesses
• Set or reduce bail or obtain a release on your promise to appear
• Keep you updated on all aspects of you case, including possible defenses and alternatives
• In appropriate cases, negotiate jail alternatives such as counseling etc.
• Contact and hire expert witnesses that will help in your defense
• Research and file appropriate motions to dismiss the case
• Research and file appropriate motions to suppress evidence

DO NOT TALK TO THE POLICE WITHOUT YOUR ATTORNEY PRESENT

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FACT SHEET: DOMESTIC VIOLENCE

Domestic violence is an aggravating factor that is added to a charge. Examples are DV assault, DV disorderly conduct, DV interruption of a communication device etc. The added consequences of a Domestic Violence addition to a charge can be severe.

Consequences for the conviction of Domestic Violence may potentially include:

• Imprisonment
• Jail
• Loss of the right to vote
• Loss of other freedoms
• Loss of the right to own a deadly weapon
• Probation or parole
• Court ordered counseling or treatment
• Fines and/or restitution
• Other consequences

Likelihood of any of the above consequences depends upon the following factors:

• Attorney assistance
• Any other prior convictions
• Currently on probation or parole
• Attitude of community and court toward this type of crime
• Degree of media attention on the case
• Mitigating/aggravating circumstances
• Counseling or other alternative to incarceration

Defenses of Domestic Violence may potentially include:

• Self-Defense
• Insufficient evidence
• Jurisdictional issues
• Mistaken identity
• Evidence violations
• State and Federal Constitutional violations
• Other

What can you do to improve the outcome of your case?

• The single thing that will affect the outcome of your case is retaining an attorney with significant practice to represent you throughout the case
• Gather documentation of your good character (Reference letters, employment history, community service, etc.)
• Exercise your right to remain silent
• Review your rights with your attorney
• Review your defenses with your attorney
• Keep a log listing significant events and potential witnesses
• DO NOT investigate your own case

What can we do to help?

• Early preparation, including legal research and defense identification
• Advise you of your constitutional rights
• Early investigation and identification of all facts helpful to your defense
• Interview police and witnesses to minimize or eliminate the case
• Meet with the prosecutor for a possible charge bargain or possibly move the case to the justice courts where appropriate
• Interview all witnesses
• Set or reduce bail or obtain a release on your promise to appear
• Keep you updated on all aspects of you case, including possible defenses and alternatives
• In appropriate cases, negotiate jail alternatives such as counseling etc.
• Contact and hire expert witnesses that will help in your defense
• Research and file appropriate motions to dismiss the case
• Research and file appropriate motions to suppress evidence

DO NOT TALK TO THE POLICE WITHOUT YOUR ATTORNEY PRESENT

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FACT SHEET: ILLEGAL POSSESSION OF A WEAPON

Certain individuals by law are not allowed to possess a dangerous weapon. These individuals include certain convicted felons and individual on parole or probation. They also may include persons with a domestic violence conviction or a person subject to a protective order. The definition of a weapon includes a firearm, knife and sometimes even things such as scissors.

Consequences for the conviction of Illegal Possession of a Weapon may potentially include:

• Imprisonment
• Jail
• Loss of the right to vote
• Loss of other freedoms
• Loss of the right to own a deadly weapon
• Probation or parole
• Court ordered counseling or treatment
• Fines and/or restitution
• Other consequences

Likelihood of any of the above consequences depends upon the following factors:

• Attorney assistance
• Any other prior convictions
• Currently on probation or parole
• Attitude of community and court toward this type of crime
• Degree of media attention on the case
• Mitigating/aggravating circumstances
• Counseling or other alternative to incarceration

Defenses of Illegal Possession of a Weapon may potentially include:

• Insufficient evidence
• Jurisdictional issues
• Mistaken identity
• Evidence violations
• State and Federal Constitutional violations
• Other

What can you do to improve the outcome of your case?

• The single thing that will affect the outcome of your case is retaining an attorney with significant practice to represent you throughout the case
• Gather documentation of your good character (Reference letters, employment history, community service, etc.)
• Exercise your right to remain silent
• Review your rights with your attorney
• Review your defenses with your attorney
• Keep a log listing significant events and potential witnesses
• DO NOT investigate your own case

What can we do to help?

• Early preparation, including legal research and defense identification
• Advise you of your constitutional rights
• Early investigation and identification of all facts helpful to your defense
• Interview police and witnesses to minimize or eliminate the case
• Meet with the prosecutor for a possible charge bargain or possibly move the case to the justice courts where appropriate
• Interview all witnesses
• Set or reduce bail or obtain a release on your promise to appear
• Keep you updated on all aspects of you case, including possible defenses and alternatives
• In appropriate cases, negotiate jail alternatives such as counseling etc.
• Contact and hire expert witnesses that will help in your defense
• Research and file appropriate motions to dismiss the case
• Research and file appropriate motions to suppress evidence

DO NOT TALK TO THE POLICE WITHOUT YOUR ATTORNEY PRESENT

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FACT SHEET: VEHICULAR HOMICIDE

Certain automobile accidents can result in charges of vehicular homicide, if a person dies in the accident and there are allegations of criminal negligence involved in the driving.

Consequences for the conviction of Vehicular Homicide may potentially include:

• Imprisonment
• Jail
• Loss of the right to vote
• Loss of other freedoms
• Loss of the right to own a deadly weapon
• Probation or parole
• Court ordered counseling or treatment
• Fines and/or restitution
• Other consequences

Likelihood of any of the above consequences depends upon the following factors:

• Attorney assistance
• Any other prior convictions
• Currently on probation or parole
• Attitude of community and court toward this type of crime
• Degree of media attention on the case
• Mitigating/aggravating circumstances
• Counseling or other alternative to incarceration

Defenses of Vehicular Homicide may potentially include:

• Insufficient evidence
• Jurisdictional issues
• Mistaken identity
• Evidence violations
• State and Federal Constitutional violations
• Other

What can you do to improve the outcome of your case?

• The single thing that will affect the outcome of your case is retaining an attorney with significant practice to represent you throughout the case
• Gather documentation of your good character (Reference letters, employment history, community service, etc.)
• Exercise your right to remain silent
• Review your rights with your attorney
• Review your defenses with your attorney
• Keep a log listing significant events and potential witnesses
• DO NOT investigate your own case

What can we do to help?

• Early preparation, including legal research and defense identification
• Advise you of your constitutional rights
• Early investigation and identification of all facts helpful to your defense
• Interview police and witnesses to minimize or eliminate the case
• Meet with the prosecutor for a possible charge bargain or possibly move the case to the justice courts where appropriate
• Interview all witnesses
• Set or reduce bail or obtain a release on your promise to appear
• Keep you updated on all aspects of you case, including possible defenses and alternatives
• In appropriate cases, negotiate jail alternatives such as counseling etc.
• Contact and hire expert witnesses that will help in your defense
• Research and file appropriate motions to dismiss the case
• Research and file appropriate motions to suppress evidence

DO NOT TALK TO THE POLICE WITHOUT YOUR ATTORNEY PRESENT

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FACT SHEET: RAPE and SEXUAL ASSAULT

The crimes of rape and sexual assault are some of the most serious offenses and often the most complicated to defend. These crimes often carry the potential of mandatory prison sentences and lengthy or lifetime sexual reporting requirements. Often these crimes involve little or no physical evidence – just an accusation of the alleged victim. Quite often a DNA analysis must be used or discredited in the defense of these crimes. Due to the nature of these offenses, an attorney of the highest caliber should be called upon.

Consequences for the conviction of Rape or Sexual Assault may potentially include:

• Imprisonment, often mandatory prison
• Jail
• Loss of the right to vote
• Loss of other freedoms
• Loss of the right to own a deadly weapon
• Probation or parole
• Court ordered counseling or treatment
• Fines and/or restitution
• Other consequences

Likelihood of any of the above consequences depends upon the following factors:

• Attorney assistance
• Any other prior convictions
• Currently on probation or parole
• Attitude of community and court toward this type of crime
• Degree of media attention on the case
• Mitigating/aggravating circumstances
• Counseling or other alternative to incarceration

Defenses of Rape or Sexual Assault may potentially include:

• Insufficient evidence
• Jurisdictional issues
• Mistaken identity
• Evidence violations
• State and Federal Constitutional violations
• Other

What can you do to improve the outcome of your case?

• The single thing that will affect the outcome of your case is retaining an attorney with significant practice to represent you throughout the case
• Gather documentation of your good character (Reference letters, employment history, community service, etc.)
• Exercise your right to remain silent
• Review your rights with your attorney
• Review your defenses with your attorney
• Keep a log listing significant events and potential witnesses
• DO NOT investigate your own case

What can we do to help?

• Early preparation, including legal research and defense identification
• Advise you of your constitutional rights
• Early investigation and identification of all facts helpful to your defense
• Interview police and witnesses to minimize or eliminate the case
• Meet with the prosecutor for a possible charge bargain or possibly move the case to the justice courts where appropriate
• Interview all witnesses
• Set or reduce bail or obtain a release on your promise to appear
• Keep you updated on all aspects of you case, including possible defenses and alternatives
• In appropriate cases, negotiate jail alternatives such as counseling etc.
• Contact and hire expert witnesses that will help in your defense
• Research and file appropriate motions to dismiss the case
• Research and file appropriate motions to suppress evidence

DO NOT TALK TO THE POLICE WITHOUT YOUR ATTORNEY PRESENT

 

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FACT SHEET: SEXUAL CONTACT WITH A MINOR

The crimes of illegal sexual contact with a minor are some of the most serious offenses and often the most complicated to defend. These crimes often carry the potential of mandatory prison sentences and lengthy or lifetime sexual reporting requirements. Often these crimes involve little or no physical evidence – just an accusation of the alleged victim. Quite often a DNA analysis must be used or discredited in the defense of these crimes. Due to the nature of these offenses, an attorney of the highest caliber should be called upon.

Consequences for the conviction of Sexual Contact with a Minor may potentially include:

• Imprisonment
• Jail
• Loss of the right to vote
• Loss of other freedoms
• Loss of the right to own a deadly weapon
• Probation or parole
• Court ordered counseling or treatment
• Fines and/or restitution
• Other consequences

Likelihood of any of the above consequences depends upon the following factors:

• Attorney assistance
• Any other prior convictions
• Currently on probation or parole
• Attitude of community and court toward this type of crime
• Degree of media attention on the case
• Mitigating/aggravating circumstances
• Counseling or other alternative to incarceration

Defenses of Sexual Contact with a Minor may potentially include:

• Insufficient evidence
• Jurisdictional issues
• Mistaken identity
• Evidence violations
• State and Federal Constitutional violations
• Other

What can you do to improve the outcome of your case?

• The single thing that will affect the outcome of your case is retaining an attorney with significant practice to represent you throughout the case
• Gather documentation of your good character (Reference letters, employment history, community service, etc.)
• Exercise your right to remain silent
• Review your rights with your attorney
• Review your defenses with your attorney
• Keep a log listing significant events and potential witnesses
• DO NOT investigate your own case

What can we do to help?

• Early preparation, including legal research and defense identification
• Advise you of your constitutional rights
• Early investigation and identification of all facts helpful to your defense
• Interview police and witnesses to minimize or eliminate the case
• Meet with the prosecutor for a possible charge bargain or possibly move the case to the justice courts where appropriate
• Interview all witnesses
• Set or reduce bail or obtain a release on your promise to appear
• Keep you updated on all aspects of you case, including possible defenses and alternatives
• In appropriate cases, negotiate jail alternatives such as counseling etc.
• Contact and hire expert witnesses that will help in your defense
• Research and file appropriate motions to dismiss the case
• Research and file appropriate motions to suppress evidence

DO NOT TALK TO THE POLICE WITHOUT YOUR ATTORNEY PRESENT

 

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FACT SHEET: COMPUTER SOLICITATION

A rather recently passed crime is that of computer solicitation of a minor for sexual purposes. Computer solicitation is one of the most serious offenses and often the most complicated to defend. The prosecutor simply has to prove that you were on the computer and solicited some sexual act from a minor. The general penalty is one degree lower than the offense proposed to be committed. In other words, if you solicited oral sex from a minor, and never even had contact with the minor, you could be convicted of a felony offense. These crimes often carry the potential of prison sentences and lengthy or lifetime sexual reporting requirements. Often these crimes involve little or no physical evidence – just an accusation of the alleged victim. Quite often a DNA analysis must be used or discredited in the defense of these crimes. Due to the nature of these offenses, an attorney of the highest caliber should be called upon.

Consequences for the conviction of Computer Solicitation may potentially include:

• Imprisonment
• Jail
• Loss of the right to vote
• Loss of other freedoms
• Loss of the right to own a deadly weapon
• Probation or parole
• Court ordered counseling or treatment
• Fines and/or restitution
• Other consequences

Likelihood of any of the above consequences depends upon the following factors:

• Attorney assistance
• Any other prior convictions
• Currently on probation or parole
• Attitude of community and court toward this type of crime
• Degree of media attention on the case
• Mitigating/aggravating circumstances
• Counseling or other alternative to incarceration

Defenses of Computer Solicitation may potentially include:

• Insufficient evidence
• Jurisdictional issues
• Mistaken identity
• Evidence violations
• State and Federal Constitutional violations
• Other

What can you do to improve the outcome of your case?

• The single thing that will affect the outcome of your case is retaining an attorney with significant practice to represent you throughout the case
• Gather documentation of your good character (Reference letters, employment history, community service, etc.)
• Exercise your right to remain silent
• Review your rights with your attorney
• Review your defenses with your attorney
• Keep a log listing significant events and potential witnesses
• DO NOT investigate your own case

What can we do to help?

• Early preparation, including legal research and defense identification
• Advise you of your constitutional rights
• Early investigation and identification of all facts helpful to your defense
• Interview police and witnesses to minimize or eliminate the case
• Meet with the prosecutor for a possible charge bargain or possibly move the case to the justice courts where appropriate
• Interview all witnesses
• Set or reduce bail or obtain a release on your promise to appear
• Keep you updated on all aspects of you case, including possible defenses and alternatives
• In appropriate cases, negotiate jail alternatives such as counseling etc.
• Contact and hire expert witnesses that will help in your defense
• Research and file appropriate motions to dismiss the case
• Research and file appropriate motions to suppress evidence

DO NOT TALK TO THE POLICE WITHOUT YOUR ATTORNEY PRESENT

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FACT SHEET: OTHER SEX CRIMES

There are numerous other sex crimes in the state of Utah. Most of these crimes are very serious in nature and carry significant penalties and consequences. These types of crime are some of the most serious offenses and often the most complicated to defend. These crimes often carry the potential of mandatory prison sentences and lengthy or lifetime sexual reporting requirements. Often these crimes involve little or no physical evidence – just an accusation of the alleged victim. Quite often a DNA analysis must be used or discredited in the defense of these crimes. Due to the nature of these offenses, an attorney of the highest caliber should be utilized.

Consequences for the conviction of Sex Crimes may potentially include:

• Imprisonment
• Jail
• Loss of the right to vote
• Loss of other freedoms
• Loss of the right to own a deadly weapon
• Probation or parole
• Court ordered counseling or treatment
• Fines and/or restitution
• Other consequences

Likelihood of any of the above consequences depends upon the following factors:

• Attorney assistance
• Any other prior convictions
• Currently on probation or parole
• Attitude of community and court toward this type of crime
• Degree of media attention on the case
• Mitigating/aggravating circumstances
• Counseling or other alternative to incarceration

Defenses of Sex Crimes may potentially include:

• Insufficient evidence
• Jurisdictional issues
• Mistaken identity
• Evidence violations
• State and Federal Constitutional violations
• Other

What can you do to improve the outcome of your case?

• The single thing that will affect the outcome of your case is retaining an attorney with significant practice to represent you throughout the case
• Gather documentation of your good character (Reference letters, employment history, community service, etc.)
• Exercise your right to remain silent
• Review your rights with your attorney
• Review your defenses with your attorney
• Keep a log listing significant events and potential witnesses
• DO NOT investigate your own case

What can we do to help?

• Early preparation, including legal research and defense identification
• Advise you of your constitutional rights
• Early investigation and identification of all facts helpful to your defense
• Interview police and witnesses to minimize or eliminate the case
• Meet with the prosecutor for a possible charge bargain or possibly move the case to the justice courts where appropriate
• Interview all witnesses
• Set or reduce bail or obtain a release on your promise to appear
• Keep you updated on all aspects of you case, including possible defenses and alternatives
• In appropriate cases, negotiate jail alternatives such as counseling etc.
• Contact and hire expert witnesses that will help in your defense
• Research and file appropriate motions to dismiss the case
• Research and file appropriate motions to suppress evidence

DO NOT TALK TO THE POLICE WITHOUT YOUR ATTORNEY PRESENT

 

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FACT SHEET: THEFT

Theft is the generic term used for the crime of intending to permanently depriving a person of property. There are specific categories of theft that include auto theft, theft of services, etc. Generally the severity of theft crimes depends on the value of the property that was allegedly taken. Some thefts, such as theft of a motor vehicle, or theft of livestock are automatically 2nd degree felonies.

Consequences for the conviction of Theft may potentially include:

• Imprisonment
• Jail
• Loss of the right to vote
• Loss of other freedoms
• Loss of the right to own a deadly weapon
• Probation or parole
• Court ordered counseling or treatment
• Fines and/or restitution
• Other consequences

Likelihood of any of the above consequences depends upon the following factors:

• Attorney assistance
• Any other prior convictions
• Currently on probation or parole
• Attitude of community and court toward this type of crime
• Degree of media attention on the case
• Mitigating/aggravating circumstances
• Counseling or other alternative to incarceration

Defenses of Theft may potentially include:

• Insufficient evidence
• Jurisdictional issues
• Mistaken identity
• Evidence violations
• State and Federal Constitutional violations
• Other

What can you do to improve the outcome of your case?

• The single thing that will affect the outcome of your case is retaining an attorney with significant practice to represent you throughout the case
• Gather documentation of your good character (Reference letters, employment history, community service, etc.)
• Exercise your right to remain silent
• Review your rights with your attorney
• Review your defenses with your attorney
• Keep a log listing significant events and potential witnesses
• DO NOT investigate your own case

What can we do to help?

• Early preparation, including legal research and defense identification
• Advise you of your constitutional rights
• Early investigation and identification of all facts helpful to your defense
• Interview police and witnesses to minimize or eliminate the case
• Meet with the prosecutor for a possible charge bargain or possibly move the case to the justice courts where appropriate
• Interview all witnesses
• Set or reduce bail or obtain a release on your promise to appear
• Keep you updated on all aspects of you case, including possible defenses and alternatives
• In appropriate cases, negotiate jail alternatives such as counseling etc.
• Contact and hire expert witnesses that will help in your defense
• Research and file appropriate motions to dismiss the case
• Research and file appropriate motions to suppress evidence

DO NOT TALK TO THE POLICE WITHOUT YOUR ATTORNEY PRESENT

 

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FACT SHEET: BURGLARY

Burglary occurs when a person enters or remains in a building without permission or authority with the intent to commit an assault, theft or felony. It is often wrongly believed that a person must “break in” in order to be guilty of the crime of burglary. However, simply entering a building through an unlocked door may constitute the crime in certain circumstances. The category of this offense, whether a 1st, 2nd, or 3rd degree felony, depends on the type of building that is entered and whether or not it is committed in an aggravated manner.

Consequences for the conviction of Burglary may potentially include:

• Imprisonment
• Jail
• Loss of the right to vote
• Loss of other freedoms
• Loss of the right to own a deadly weapon
• Probation or parole
• Court ordered counseling or treatment
• Fines and/or restitution
• Other consequences

Likelihood of any of the above consequences depends upon the following factors:

• Attorney assistance
• Any other prior convictions
• Currently on probation or parole
• Attitude of community and court toward this type of crime
• Degree of media attention on the case
• Mitigating/aggravating circumstances
• Counseling or other alternative to incarceration

Defenses of Burglary may potentially include:

• Insufficient evidence
• Jurisdictional issues
• Mistaken identity
• Evidence violations
• State and Federal Constitutional violations
• Other

What can you do to improve the outcome of your case?

• The single thing that will affect the outcome of your case is retaining an attorney with significant practice to represent you throughout the case
• Gather documentation of your good character (Reference letters, employment history, community service, etc.)
• Exercise your right to remain silent
• Review your rights with your attorney
• Review your defenses with your attorney
• Keep a log listing significant events and potential witnesses
• DO NOT investigate your own case

What can we do to help?

• Early preparation, including legal research and defense identification
• Advise you of your constitutional rights
• Early investigation and identification of all facts helpful to your defense
• Interview police and witnesses to minimize or eliminate the case
• Meet with the prosecutor for a possible charge bargain or possibly move the case to the justice courts where appropriate
• Interview all witnesses
• Set or reduce bail or obtain a release on your promise to appear
• Keep you updated on all aspects of you case, including possible defenses and alternatives
• In appropriate cases, negotiate jail alternatives such as counseling etc.
• Contact and hire expert witnesses that will help in your defense
• Research and file appropriate motions to dismiss the case
• Research and file appropriate motions to suppress evidence

DO NOT TALK TO THE POLICE WITHOUT YOUR ATTORNEY PRESENT

 

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FACT SHEET: THEFT BY DECEPTION

Theft by deception is the specific form of theft that involves the use of deception to commit the crime of intending to permanently depriving a person of property. Generally the severity of theft by deception crimes depends on the value of the property that was allegedly taken. Some thefts, such as theft of a motor vehicle, or theft of livestock are automatically 2nd degree felonies.

Consequences for the conviction of Theft by Deception may potentially include:

• Imprisonment
• Jail
• Loss of the right to vote
• Loss of other freedoms
• Loss of the right to own a deadly weapon
• Probation or parole
• Court ordered counseling or treatment
• Fines and/or restitution
• Other consequences

Likelihood of any of the above consequences depends upon the following factors:

• Attorney assistance
• Any other prior convictions
• Currently on probation or parole
• Attitude of community and court toward this type of crime
• Degree of media attention on the case
• Mitigating/aggravating circumstances
• Counseling or other alternative to incarceration

Defenses of Theft by Deception may potentially include:

• Insufficient evidence
• Jurisdictional issues
• Mistaken identity
• Evidence violations
• State and Federal Constitutional violations
• Other

What can you do to improve the outcome of your case?

• The single thing that will affect the outcome of your case is retaining an attorney with significant practice to represent you throughout the case
• Gather documentation of your good character (Reference letters, employment history, community service, etc.)
• Exercise your right to remain silent
• Review your rights with your attorney
• Review your defenses with your attorney
• Keep a log listing significant events and potential witnesses
• DO NOT investigate your own case

What can we do to help?

• Early preparation, including legal research and defense identification
• Advise you of your constitutional rights
• Early investigation and identification of all facts helpful to your defense
• Interview police and witnesses to minimize or eliminate the case
• Meet with the prosecutor for a possible charge bargain or possibly move the case to the justice courts where appropriate
• Interview all witnesses
• Set or reduce bail or obtain a release on your promise to appear
• Keep you updated on all aspects of you case, including possible defenses and alternatives
• In appropriate cases, negotiate jail alternatives such as counseling etc.
• Contact and hire expert witnesses that will help in your defense
• Research and file appropriate motions to dismiss the case
• Research and file appropriate motions to suppress evidence

DO NOT TALK TO THE POLICE WITHOUT YOUR ATTORNEY PRESENT

 

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FACT SHEET: FORGERY

Forgery involves the act of signing or passing a document that is purported to be that of another. It is often mistakenly believed that if you don’t do the signing you can’t be found guilty of forgery. The crime actually covers acts such as that. There are numerous defenses to the crime of forgery which may include the use of handwriting analysts.

Consequences for the conviction of Forgery may potentially include:

• Imprisonment
• Jail
• Loss of the right to vote
• Loss of other freedoms
• Loss of the right to own a deadly weapon
• Probation or parole
• Court ordered counseling or treatment
• Fines and/or restitution
• Other consequences

Likelihood of any of the above consequences depends upon the following factors:

• Attorney assistance
• Any other prior convictions
• Currently on probation or parole
• Attitude of community and court toward this type of crime
• Degree of media attention on the case
• Mitigating/aggravating circumstances
• Counseling or other alternative to incarceration

Defenses of Forgery may potentially include:

• Insufficient evidence
• Jurisdictional issues
• Mistaken identity
• Evidence violations
• State and Federal Constitutional violations
• Other

What can you do to improve the outcome of your case?

• The single thing that will affect the outcome of your case is retaining an attorney with significant practice to represent you throughout the case
• Gather documentation of your good character (Reference letters, employment history, community service, etc.)
• Exercise your right to remain silent
• Review your rights with your attorney
• Review your defenses with your attorney
• Keep a log listing significant events and potential witnesses
• DO NOT investigate your own case

What can we do to help?

• Early preparation, including legal research and defense identification
• Advise you of your constitutional rights
• Early investigation and identification of all facts helpful to your defense
• Interview police and witnesses to minimize or eliminate the case
• Meet with the prosecutor for a possible charge bargain or possibly move the case to the justice courts where appropriate
• Interview all witnesses
• Set or reduce bail or obtain a release on your promise to appear
• Keep you updated on all aspects of you case, including possible defenses and alternatives
• In appropriate cases, negotiate jail alternatives such as counseling etc.
• Contact and hire expert witnesses that will help in your defense
• Research and file appropriate motions to dismiss the case
• Research and file appropriate motions to suppress evidence

DO NOT TALK TO THE POLICE WITHOUT YOUR ATTORNEY PRESENT

 

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FACT SHEET: COMPUTER CRIMES

Computer crimes cover a vast array of criminal acts in which a computer is utilized. These crimes can include the use of a computer to forge documents, the use of a computer to change or transfer money or accounts, and the use of a computer to conduct fraudulent schemes. Computer transfer or sale of pornography can be a federal offense. Often computer crimes are prosecuted in the federal courts due to the interstate nature of these crimes. Due to the technical skills needed for this type of defense, it is important to have an attorney with the proper resources to handle this type of criminal defense.

Consequences for the conviction of Computer Crimes may potentially include:

• Imprisonment
• Jail
• Loss of the right to vote
• Loss of other freedoms
• Loss of the right to own a deadly weapon
• Probation or parole
• Court ordered counseling or treatment
• Fines and/or restitution
• Other consequences

Likelihood of any of the above consequences depends upon the following factors:

• Attorney assistance
• Any other prior convictions
• Currently on probation or parole
• Attitude of community and court toward this type of crime
• Degree of media attention on the case
• Mitigating/aggravating circumstances
• Counseling or other alternative to incarceration

Defenses of Computer Crimes may potentially include:

• Insufficient evidence
• Jurisdictional issues
• Mistaken identity
• Evidence violations
• State and Federal Constitutional violations
• Other

What can you do to improve the outcome of your case?

• The single thing that will affect the outcome of your case is retaining an attorney with significant practice to represent you throughout the case
• Gather documentation of your good character (Reference letters, employment history, community service, etc.)
• Exercise your right to remain silent
• Review your rights with your attorney
• Review your defenses with your attorney
• Keep a log listing significant events and potential witnesses
• DO NOT investigate your own case

What can we do to help?

• Early preparation, including legal research and defense identification
• Advise you of your constitutional rights
• Early investigation and identification of all facts helpful to your defense
• Interview police and witnesses to minimize or eliminate the case
• Meet with the prosecutor for a possible charge bargain or possibly move the case to the justice courts where appropriate
• Interview all witnesses
• Set or reduce bail or obtain a release on your promise to appear
• Keep you updated on all aspects of you case, including possible defenses and alternatives
• In appropriate cases, negotiate jail alternatives such as counseling etc.
• Contact and hire expert witnesses that will help in your defense
• Research and file appropriate motions to dismiss the case
• Research and file appropriate motions to suppress evidence

DO NOT TALK TO THE POLICE WITHOUT YOUR ATTORNEY PRESENT

 

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FACT SHEET: EMBEZZLEMENT

Embezzlement involves the taking of funds, money or other item of value from a place of employment or from another. The offenses of embezzlement are varied and a defense which works on one type of embezzlement, may not work in another type of embezzlement. The defense of these crimes is often complicated and requires an attorney with experience and ingenuity.

Consequences for the conviction of Embezzlement may potentially include:

• Imprisonment
• Jail
• Loss of the right to vote
• Loss of other freedoms
• Loss of the right to own a deadly weapon
• Probation or parole
• Court ordered counseling or treatment
• Fines and/or restitution
• Other consequences

Likelihood of any of the above consequences depends upon the following factors:

• Attorney assistance
• Any other prior convictions
• Currently on probation or parole
• Attitude of community and court toward this type of crime
• Degree of media attention on the case
• Mitigating/aggravating circumstances
• Counseling or other alternative to incarceration

Defenses of Embezzlement may potentially include:

• Insufficient evidence
• Jurisdictional issues
• Mistaken identity
• Evidence violations
• State and Federal Constitutional violations
• Other

What can you do to improve the outcome of your case?

• The single thing that will affect the outcome of your case is retaining an attorney with significant practice to represent you throughout the case
• Gather documentation of your good character (Reference letters, employment history, community service, etc.)
• Exercise your right to remain silent
• Review your rights with your attorney
• Review your defenses with your attorney
• Keep a log listing significant events and potential witnesses
• DO NOT investigate your own case

What can we do to help?

• Early preparation, including legal research and defense identification
• Advise you of your constitutional rights
• Early investigation and identification of all facts helpful to your defense
• Interview police and witnesses to minimize or eliminate the case
• Meet with the prosecutor for a possible charge bargain or possibly move the case to the justice courts where appropriate
• Interview all witnesses
• Set or reduce bail or obtain a release on your promise to appear
• Keep you updated on all aspects of you case, including possible defenses and alternatives
• In appropriate cases, negotiate jail alternatives such as counseling etc.
• Contact and hire expert witnesses that will help in your defense
• Research and file appropriate motions to dismiss the case
• Research and file appropriate motions to suppress evidence

DO NOT TALK TO THE POLICE WITHOUT YOUR ATTORNEY PRESENT

 

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FACT SHEET: DUI (Driving Under the Influence)

DUI is one of the most common criminal offenses, and is usually a class B misdemeanor. On a third or subsequent offense, the crime of DUI can become a felony. Even at the misdemeanor level, it is arguably the most serious offense and carries expensive and long lasting consequences. In addition to the general punishments, a DUI may entail the loss of driving privileges and potential increase of insurance. The cost of SR-22 insurance generally increases premiums by over $100 per month. If a blood alcohol level exceed .16 or it is a second offense the court may require an interlock device be put on every car you own at an approximate cost of $4000. It is important to have an experienced attorney to prevent or reduce these type of consequences. You may also lose your privilege to drive for 3 or more months simply on an arrest. It is important that you retain counsel immediately in order to request a driver’s license hearing within 10 days of arrest or citation or you can automatically lose your driving privileges for a minimum of 3 months to 18 months or more.

Consequences for the conviction of DUI may potentially include:

• Imprisonment
• Jail
• Loss of driving privileges
• Loss of other freedoms
• Requirement of an interlock device
• Probation or parole
• Court ordered counseling or treatment
• Fines and/or restitution
• SR-22 insurance
• Other consequences

Likelihood of any of the above consequences depends upon the following factors:

• Attorney assistance
• Any other prior convictions
• Currently on probation or parole
• Attitude of community and court toward this type of crime
• Degree of media attention on the case
• Mitigating/aggravating circumstances
• Counseling or other alternative to incarceration

Defenses of DUI may potentially include:

• Insufficient evidence
• Jurisdictional issues
• Baker rule violations
• Intoxilizer problems
• Evidence violations
• State and Federal Constitutional violations
• Other

What can you do to improve the outcome of your case?

• The single thing that will affect the outcome of your case is retaining an attorney with significant practice to represent you throughout the case
• Gather documentation of your good character (Reference letters, employment history, community service, etc.)
• Exercise your right to remain silent
• Review your rights with your attorney
• Review your defenses with your attorney
• Keep a log listing significant events and potential witnesses
• DO NOT investigate your own case

What can we do to help?

• Early preparation, including legal research and defense identification
• Advise you of your constitutional rights
• Early investigation and identification of all facts helpful to your defense
• Interview police and witnesses to minimize or eliminate the case
• Meet with the prosecutor for a possible charge bargain or possibly move the case to the justice courts where appropriate
• Interview all witnesses
• Set or reduce bail or obtain a release on your promise to appear
• Keep you updated on all aspects of you case, including possible defenses and alternatives
• In appropriate cases, negotiate jail alternatives such as counseling etc.
• Contact and hire expert witnesses that will help in your defense
• Research and file appropriate motions to dismiss the case
• Research and file appropriate motions to suppress evidence

DO NOT TALK TO THE POLICE WITHOUT YOUR ATTORNEY PRESENT

 

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FACT SHEET: POSSESSION OF A CONTROLLED SUBSTANCE AND/OR DRUG PARAPHERNALIA

Any drug related offense carries long-lasting consequences. Many of these charges are felonies, and are often enhanced due to multiple convictions or possessing the drugs in a “drug free zone” (DFZ). There are various constitutional and evidentiary defenses to drug offenses. There are also possible non-judicial alternatives that an attorney may utilize on your behalf.

Consequences for the conviction of Drug possession or paraphernalia may potentially include:

• Imprisonment
• Jail
• Loss of the right to vote
• Possible revocation of driver’s license
• Loss of other freedoms
• Loss of the right to own a deadly weapon
• Probation or parole
• Court ordered counseling or treatment
• Fines and/or restitution
• Other consequences

Likelihood of any of the above consequences depends upon the following factors:

• Attorney assistance
• Any other prior convictions
• Currently on probation or parole
• Attitude of community and court toward this type of crime
• Degree of media attention on the case
• Mitigating/aggravating circumstances
• Counseling or other alternative to incarceration

Defenses of Drug possession or paraphernalia may potentially include:

• Insufficient evidence
• Jurisdictional issues
• Mistaken identity
• Evidence violations
• State and Federal Constitutional violations
• Other

What can you do to improve the outcome of your case?

• The single thing that will affect the outcome of your case is retaining an attorney with significant practice to represent you throughout the case
• Gather documentation of your good character (Reference letters, employment history, community service, etc.)
• Exercise your right to remain silent
• Review your rights with your attorney
• Review your defenses with your attorney
• Keep a log listing significant events and potential witnesses
• DO NOT investigate your own case

What can we do to help?

• Early preparation, including legal research and defense identification
• Advise you of your constitutional rights
• Early investigation and identification of all facts helpful to your defense
• Interview police and witnesses to minimize or eliminate the case
• Meet with the prosecutor for a possible charge bargain or possibly move the case to the justice courts where appropriate
• Interview all witnesses
• Set or reduce bail or obtain a release on your promise to appear
• Keep you updated on all aspects of you case, including possible defenses and alternatives
• In appropriate cases, negotiate jail alternatives such as counseling etc.
• Contact and hire expert witnesses that will help in your defense
• Research and file appropriate motions to dismiss the case
• Research and file appropriate motions to suppress evidence

DO NOT TALK TO THE POLICE WITHOUT YOUR ATTORNEY PRESENT

 

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FACT SHEET: CLANDESTINE LAB/DISTRIBUTION OF A CONTROLLED SUBSTANCE

Any drug related offense carries long-lasting consequences. The distribution of drugs or the operation of a clandestine lab can make the charges even more severe. Many of these charges are often enhanced due to multiple convictions or possessing the drugs in a “drug free zone” (DFZ). There are various constitutional and evidentiary defenses to drug offenses.

Consequences for the conviction of Distribution of a Controlled Substance may potentially include:

• Imprisonment
• Jail
• Loss of the right to vote
• Loss of other freedoms
• Loss of the right to own a deadly weapon
• Probation or parole
• Court ordered counseling or treatment
• Fines and/or restitution
• Other consequences

Likelihood of any of the above consequences depends upon the following factors:

• Attorney assistance
• Any other prior convictions
• Currently on probation or parole
• Attitude of community and court toward this type of crime
• Degree of media attention on the case
• Mitigating/aggravating circumstances
• Counseling or other alternative to incarceration

Defenses to Distribution of a Controlled Substance may potentially include:

• Insufficient evidence
• Jurisdictional issues
• Mistaken identity
• Evidence violations
• State and Federal Constitutional violations
• Other

What can you do to improve the outcome of your case?

• The single thing that will affect the outcome of your case is retaining an attorney with significant practice to represent you throughout the case
• Gather documentation of your good character (Reference letters, employment history, community service, etc.)
• Exercise your right to remain silent
• Review your rights with your attorney
• Review your defenses with your attorney
• Keep a log listing significant events and potential witnesses
• DO NOT investigate your own case

What can we do to help?

• Early preparation, including legal research and defense identification
• Advise you of your constitutional rights
• Early investigation and identification of all facts helpful to your defense
• Interview police and witnesses to minimize or eliminate the case
• Meet with the prosecutor for a possible charge bargain or possibly move the case to the justice courts where appropriate
• Interview all witnesses
• Set or reduce bail or obtain a release on your promise to appear
• Keep you updated on all aspects of you case, including possible defenses and alternatives
• In appropriate cases, negotiate jail alternatives such as counseling etc.
• Contact and hire expert witnesses that will help in your defense
• Research and file appropriate motions to dismiss the case
• Research and file appropriate motions to suppress evidence

DO NOT TALK TO THE POLICE WITHOUT YOUR ATTORNEY PRESENT

 

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FACT SHEET: CRIMINAL OFFENSES

The Utah law contains literally hundreds of criminal offenses. Each offense has its own elements, and consequently each has a particular defense. This is not the type of case where “one size fits all”. The potential for imprisonment or the loss of freedoms and rights is high. You need to protect your rights. To do this you need to talk to an attorney that has experience, knowledge and a desire to protect your rights. The law firm of Allen, Richards and Pace, P.C. has literally defended tens of thousands of criminal defendants in every type of case imaginable and in State, Federal and Military courts.

Consequences for criminal offenses may potentially include:

• Imprisonment
• Jail
• Loss of the right to vote
• Possible revocation of driver’s license
• Loss of other freedoms
• Loss of the right to own a deadly weapon
• Probation or parole
• Court ordered counseling or treatment
• Fines and/or restitution
• Other consequences

Likelihood of any of the above consequences depends upon the following factors:

• Attorney assistance
• Any other prior convictions
• Currently on probation or parole
• Attitude of community and court toward this type of crime
• Degree of media attention on the case
• Mitigating/aggravating circumstances
• Counseling or other alternative to incarceration

Defenses of criminal charges may potentially include:

• Insufficient evidence
• Jurisdictional issues
• Mistaken identity
• Evidence violations
• State and Federal Constitutional violations
• Other

What can you do to improve the outcome of your case?

• The single thing that will affect the outcome of your case is retaining an attorney with significant practice to represent you throughout the case
• Gather documentation of your good character (Reference letters, employment history, community service, etc.)
• Exercise your right to remain silent
• Review your rights with your attorney
• Review your defenses with your attorney
• Keep a log listing significant events and potential witnesses
• DO NOT investigate your own case

What can we do to help?

• Early preparation, including legal research and defense identification
• Advise you of your constitutional rights
• Early investigation and identification of all facts helpful to your defense
• Interview police and witnesses to minimize or eliminate the case
• Meet with the prosecutor for a possible charge bargain or possibly move the case to the justice courts where appropriate
• Interview all witnesses
• Set or reduce bail or obtain a release on your promise to appear
• Keep you updated on all aspects of you case, including possible defenses and alternatives
• In appropriate cases, negotiate jail alternatives such as counseling etc.
• Contact and hire expert witnesses that will help in your defense
• Research and file appropriate motions to dismiss the case
• Research and file appropriate motions to suppress evidence

DO NOT TALK TO THE POLICE WITHOUT YOUR ATTORNEY PRESENT

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