Photo: Danijel Zivkovic

The two Border Patrol agents were killed in the line of duty in May 2011. Memorial web pages were set up in each officer’s name, and Guibord made online comments supposedly referring to the agents as “security officers,” something that law enforcement members consider offensive.

The criminal defamation charge was made because the comments were attributed to Watkins, but the memorial website controllers were able to track down the internet provider (IP) address used by the person who submitted the comments. The IP address was tracked to a laptop provided to Guibord by his employer at the time.

According to the Utah Code, criminal defamation occurs when someone communicates to any person verbally or in writing any information which he knows to be false and knows will tend to expose any other living person to public hatred, contempt or ridicule.

In other words, if you knowingly tell a lie about “Sue” to “John” and John tells others and Sue is publicly ridiculed, you would likely be guilty of criminal defamation and could be subject to any legal penalties. The penalty for a class B misdemeanor could be up to six months in jail.

If you are charged with criminal defamation or any other crime it’s time to call a Utah criminal defense attorney. Don’t assume you will be easily cleared of any charges; the prosecution’s job is to do their best to see you convicted. Take the time to contact an attorney with a vast knowledge of criminal law and experience—both in and out of the courtroom. If your reputation and freedom are at stake, call a qualified Utah criminal defense attorney today.

What is an Interlocutory Appeal?

Most appeals happen only after a case is over. But, sometimes a trial judge makes important decisions that could affect the entire outcome of a case. For example, a judge’s decision either to suppress or admit certain evidence could determine whether a defendant takes a case to trial or seeks a plea deal. If a judge denies a defendant’s motion to suppress damaging evidence, the defendant might want to appeal before a jury hears the evidence. An appeal before the case is over is called an interlocutory appeal. The party seeking an interlocutory appeal must ask permission from the appellate court before the interlocutory appeal will be accepted.

What Lead to State v Price?

Price was involved in an auto accident that resulted in the death of another person. At the scene of the accident, Price failed a field sobriety test. The police got a search warrant for Price’s blood, which was tested for alcohol, cocaine, THC (marijuana), morphine and methamphetamine. His blood tested positive for THC, leading to his felony criminal charge.

Price argued that the blood evidence should be thrown out of court because the warrant only specified that his blood should be tested for alcohol – not THC. Price claimed that expanding the search to include THC violated his Fourth Amendment rights. The Fourth Amendment states:

The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures shall not be violated and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

The district court denied Price’s argument, finding that Price lost any reasonable expectation of privacy when his blood was tested for intoxicants because there was sufficient probable cause to support the issuance of the search warrant and the blood sample was lawfully taken from Price.

The Result

The Utah Supreme Court agreed with the district court’s denial of Price’s motion to suppress the blood evidence of THC. This means that the case of State v Price, which was on hold during the Supreme Court’s deliberations, can continue and the prosecution can present the blood evidence blood evidence to the jury. Because the damaging evidence against him was not suppressed, Price will now have to decide whether to take his chances with a jury or try to work out a plea bargain.

Hiring an Attorney

When you are in a legal bind, don’t wait to contact a Utah criminal defense attorney. An experienced, reputable attorney can provide you with a vigorous defense, including knowing when certain legal questions need to be raised. Don’t gamble with your freedom. Call a Utah criminal defense attorney today.

Photo: malias

Armed Robbers Hard to Identify

The modus operandi of the armed robbers is to show up at a restaurant just prior to closing and demand money at gunpoint. Apparently, there have been customers in some of the restaurants at the time of the robberies. Each time, however, the robbers have worn some type of mask or bandanna so identification of any of the thieves has been difficult.

Desperation Can Lead to Violence

Police are concerned about the possibility of violence, though thus far no one has been physically harmed. Desperation can change the circumstances of a robbery, however, and police are hoping to catch the individuals before anyone becomes a victim of physical violence.

Potential Consequences for Armed Robbers

Robbery is a second-degree felony, which is potentially punishable by 1-15 years in prison. Armed robbery, on the other hand, is a first-degree felony because of the use or possession by the perpetrator of a dangerous weapon, such as a gun. An armed robber doesn’t have to fire the gun in order to be charged with a first-degree felony. The commission of a first-degree felony can come with a five years to life prison sentence.

Talk to an Attorney Today

Anytime a person has committed a crime or been charged with a crime, he should immediately contact a Utah criminal defense attorney. You don’t need to wait to be arrested to receive advice from an experienced attorney. It is important to find out what options are available to you and take the first steps toward getting your life back on track.

Any person who without lawful authority intentionally or knowingly manufactures, possesses, sells, delivers, displays, uses, attempts to use, solicits the use of, or conspires to use a hoax weapon of mass destruction with the intent to deceive or otherwise mislead another person into believing that the hoax weapon of mass destruction is a weapon of mass destruction is guilty of a second degree felony.

Although, it appears that the Utah Code fails to define “weapon of mass destruction”. “Weapon of Mass Destruction” is generally defined as a weapon that can kill and bring significant harm to a large number of humans (and other life forms like you cat or dog) and/or cause great damage to man-made structures (e.g. your home, office building or school or natural structures (e.g. mountains). The scope and application of the term has evolved and been disputed, often signifying more politically than technically. Coined in reference to aerial bombing with chemical explosives, it has come to distinguish large-scale weaponry of other technologies, such as chemical, biological, radiological, or nuclear.

Photo: Michael Coghlan

Murder Equals 15 Years to Life in Prison

Ramon Somoza of American Fork was sentenced to 15 years to life in prison for the first-degree felony murder of Jesus Landin, whose body was discovered wrapped in plastic garbage bags and duct tape on January 7, 2010. Landin apparently came to Somoza and demanded $400 that he believed Somoza owed him. Landin was shot several times. Somoza’s defense was that he was afraid of Landin and only shot him after Landin came at him with a screwdriver.

Other Convictions

Somoza was also found guilty of obstructing justice and desecration of a dead human body, second- and third-degree felonies respectively. These two sentences will be served concurrent to each other and consecutively to the murder sentence. Somoza must also pay fines and restitution totaling more than $50,000.

Murder Comes With Hefty Sentence

Under Utah law, a person convicted of murder shall be sentenced to no less than 15 years in prison and up to life in prison. It is up to the Utah Board of Pardons and Parole to determine if or when a person may be eligible for parole, unless as part of the person’s sentence he is ineligible for parole.

An Attorney May Make the Difference in Your Case

When a person is facing any criminal charge, it is vital that he or she seek the advice of an experienced Utah criminal defense attorney as soon as possible. Don’t rely on law enforcement to sort the situation out in your favor. You need and deserve to be represented by an attorney who has your best interests at heart. Take the time and contact a Utah criminal defense attorney right away. It may be the most important phone call you’ll ever make.

Photo: Bruce Fingerhood

The Utah Court of Appeals was created in 1987 and has seven judges who each hold a six-year term. One of the judges is elected by a majority vote of the others to be the presiding judge every two years.

The Utah Court of Appeals hears all appeals from the juvenile and district courts in the state, except for small claims department appeals from a district court. The Court of Appeals also handles appeals from district court involving domestic relations cases, including:

• Divorce
• Annulment
• Property division
• Child custody
• Support
• Visitation
• Adoption and paternity

The Appeals Court is also responsible for criminal matters of less than a first-degree felony or capital felony. This Court also reviews appeals of administrative proceedings by state agencies including the Utah Industrial Commission and the Department of Employment Security Career Service Review Board. The Court also has jurisdiction to hear cases that are transferred to it by the Utah Supreme Court.

Court of Appeals sessions take place most often in Salt Lake City, but the Court does travel throughout the year to hold sessions in different locations within the state. Even though there are seven judges on the Court of Appeals, each session is handled by a rotating panel of three judges.

A panel will hear oral arguments in cases during the third and fourth weeks of each month. After an oral argument has been presented, the three judges on the panel meet together to discuss the points raised by both sides. Only one of the three judges will write the Court’s opinion.

If you have a case that you would like to have appealed, or if you want to understand the appeals process better, contact a Utah criminal defense attorney. Utah law is complex and your case deserves to be handled by someone who is skilled in legal language and procedures. Call an attorney today and find out what options are available to you.

Sexual abuse of a child occurs when someone under the age of 14 is touched sexually or indecent liberties are taken by someone with a child. It does not include rape, object rape or sodomy. Sexual abuse of a child is generally a second degree felony, which can be punishable by 1-15 years in prison.

Aggravated sexual abuse of a child, on the other hand, includes additional behaviors by the perpetrator. One reason a person can have the “aggravated” charge added is if he is in a “position of special trust” in connection with the child. This includes anyone from an adult coach to a babysitter to a parent. A grandparent is also considered to be in a position of special trust.

Aggravated sexual abuse of a child is a first-degree felony and the punishment depends on the circumstances surrounding the crime. The state of Utah has imposed a normal minimum prison term of 15 years and possibly life. Under certain situations a court may impose a lesser term, but Utah law requires a mandatory prison sentence for this particular crime.

Hopefully Mr. Guiver has already contacted an attorney. It is extremely important to remember that just because someone is accused of a crime doesn’t mean that he or she is guilty. The burden lies with the prosecutor to prove his case. Fortunately, every person facing criminal charges is entitled to the best defense possible.

If you or someone you know has been arrested for a crime, contact a Utah criminal defense attorney as soon as possible. You need someone you can trust who will provide you with a vigorous defense. Make that important phone call today.

Don’t Bother the Driver

Apparently, a woman was driving two male passengers to another person’s home when the front seat passenger put the woman in a headlock and starting hitting her. At that point, the man in the back seat asked to be let out of the car. The altercation continued in the front of the car when the woman pulled out a knife and stabbed the man allegedly attacking her. At some point the driver stopped the car and the men ran off to find help.

Assault Followed by Arrest

The driver’s woes didn’t end there. When she got out of her vehicle she was hit by another car. Both injured people were treated at the hospital, where law enforcement also found some type of illegal substance in the woman’s purse. She was arrested for investigation of aggravated assault, possession of a deadly weapon and carrying a controlled narcotic substance. The passenger who allegedly attacked the driver hasn’t been charged at this point.

Charges for Aggravated Assault

When a person commits assault with a dangerous weapon, it is considered aggravated assault and is a third-degree felony. However, if the assault ends in serious bodily injury it is a second-degree felony. Possession of a deadly weapon with intent to assault is generally a class A misdemeanor.

Don’t Wait to Call an Attorney

When you are involved in any type of dispute with another person and you’re arrested, it’s important that you contact a Utah criminal defense attorney. He will be able to help sort out both sides of the story and make sure that you aren’t railroaded into taking all the blame. After all, it generally takes two to have an argument. Call an attorney today and get started on the path to justice.