Photo: Chris Dlugosz

Cell Phone Use While Driving Can be Dangerous

A new Utah law concerning teen cell phone use while driving went into effect this past Tuesday, but that particular law wouldn’t play a role in this case, since the driver is 28 years old. However, there is a Utah law that makes texting while driving illegal in this state.

A person may not use a cell phone while driving in Utah to:

• Text
• Manually access email
• Enter data by hand
• Send data, read a text or view images
• Use apps

It’s important to note that even reading a text is illegal—not just sending a text. There are some things that adults are still allowed to do with their cell phone while driving:

• Make or receive a call
• Use GPS or navigation services
• During a medical emergency
• Reporting or requesting assistance for a safety hazard
• Reporting or requesting assistance concerning a criminal activity
• When giving roadside or medical assistance
• If you are law enforcement or emergency service personnel acting in your duties
• Using hands-free or voice operated technology
• Operate a system that’s part of the vehicle

We don’t know if the man in question was driving while texting; law enforcement usually can check phone records against accident timing. He did say that he didn’t see the girls and is cooperating with police.

Potential Charges for Illegal Cell Phone Use

If you use a cell phone illegally, you may be charged with the following:

• Class C misdemeanor
• Class B misdemeanor if you cause serious bodily injury as a result of your texting, etc. or have a prior conviction under this law that occurred within the past three years

Hopefully the driver in this situation has contacted a Utah criminal defense attorney. Even if you believe you haven’t committed a crime, it’s important to have top legal counsel on your side—especially if you know you’re being investigated by the police.

Photo: Richard Cocks

Don’t Keep Cash on the Counter

The alleged thief was captured on the store’s video surveillance; he supposedly wandered in and out of the store, loitering around the cash registers until no clerks were around. He then snatched the donation bucket and left the store.

What’s the Difference Between Theft, Robbery and Burglary?

Theft, robbery and burglary are different crimes, but potentially related to one another. There are various types of theft, but a basic definition of theft is:

• Obtaining or exercising control over someone else’s property by deception and with the intent to deprive the person of his property

Robbery, on the other hand, is:

• Using force or fear to take someone’s personal property, either right off their person or in their immediate presence. Robbery is a second degree felony.

You might be guilty of burglary if you:

• Enter a building or dwelling (residence) illegally and remain, with the intention to commit a certain crime. Burglary is a third degree felony if it occurs in a building; it’s a second degree felony if it takes place in a residence.

A person who enters a home and steals the homeowner’s jewelry, for example, will probably be charged with theft and burglary—two separate crimes.

Get the Legal Help You Need

Whether you’re accused of being a Utah thief or some other type of criminal, don’t wait to hire a top Utah criminal defense attorney. It’s in your best interest to have an experienced lawyer on your side, both in and out of the courtroom.

A Disguise Can Make the Man

The man allegedly wore quite a get-up in an effort to disguise his true identity. Nevertheless, a variety of law enforcement agencies working collectively were able to piece together enough clues to lead them to the Utah sex offender.

When police searched the suspect’s home, they found some items believed to be from the credit union robbery, in addition to other firearms. The man in question is being investigated for aggravated robbery and multiple charges of firearm possession by a restricted person.

Who is Restricted from Possessing Firearms?

People convicted of a violent felony or who are on probation or parole for any felony conviction are legally restricted from possessing, purchasing or otherwise having any type of firearm. Anyone who is found guilty of breaking this law will likely be charged with a second degree felony.

You might be guilty of committing aggravated robbery if during a robbery you:

• Use or threaten to use a dangerous weapon
• Cause serious bodily injury upon someone or
• Take or attempt to take a working vehicle

Aggravated robbery is a first degree felony, whether committed by a Utah sex offender or anyone else. Someone found guilty of a first degree felony could face a penalty of 5 years to life in prison, although there are often enhanced penalties when a crime is “aggravated.”

Let an Attorney Help You

Don’t hesitate to talk to a Utah criminal defense attorney if you’ve been charged with any crime. Having an experienced attorney on your side may make all the difference in your case.

Make the right choice for you—contact a Utah criminal defense attorney today.

Photo: Christopher Schmidt

Illegal Body Piercing and Tattooing of a Minor

It is a crime to perform or offer to perform a body piercing or tattooing on a minor:

• Unless you have the consent of the minor’s parents or legal guardian and
• For payment or in the course of a business or profession

People are considered Utah minors if they are under the age of 18, not married and not legally emancipated. It’s a defense to either crime that you have no actual knowledge of the minor’s age and that you reviewed, recorded and maintained a PIN for the minor prior to the procedure. In other words, the minor would have to have given you a fake ID.

Committing either of these crimes is considered a class B misdemeanor and you may have to pay a $1000 fine per incident.

Contributing to the Delinquency of Utah Minors

Adults (someone 18 or older) are not legally allowed to commit an act or do other things that would cause or encourage a minor to commit a misdemeanor or infraction, particularly if the adult would or should know that his actions would lead to delinquent acts by the minor.

It’s a class B misdemeanor to contribute to the delinquency of Utah minors, and you may be charged with committing whatever crime you finished or attempted in addition to this charge.

Talk to an Attorney

Utah law is too complicated to try and sort out on your own. If you’re in a legal bind, contact a Utah criminal defense attorney today.

Photo: Francisco Osorio

Official Misconduct—Using Inside Information for Unlawful Acts

A public servant is guilty of committing a class A misdemeanor if he has inside knowledge about an official action or information which he has acquired as part of his office (or from another public servant) and the information hasn’t been made public and he:

• Either acquires or gets rid of any property, transaction or enterprise he has a financial interest in which might be affected by the official action or information
• Speculates or wagers on the basis of the action or information or
• Purposefully helps someone else do any of the above

Alteration of Proposed Legislative Bill or Resolution

This law involves bills presented to and by state senators and legislators. If a draft bill has been presented to the state’s House or the Senate for passing or adoption and the draft bill is fraudulently altered using different language than was intended, the person responsible would be guilty of a third degree felony.

Altering Enrolled Legislative Bill or Resolution

The same charge applies to anyone who alters an enrolled bill or resolution. It’s a third degree felony to make any language changes to an enrolled bill or resolution which has been passed or adopted by the Legislature.

It’s important to remember that even though a person is charged with a crime, it doesn’t automatically mean he’s guilty. Charging someone with a crime more or less gets the legal ball rolling and enables a defendant to hire legal counsel.

Talk to a Utah criminal defense attorney right away if you’re facing criminal charges. It’s never too late to get the legal help you need.

Photo: Peter Hardy

• Trespass on property with the intent to eavesdrop on someone or use other forms of surveillance in an otherwise private place

• Install (in a private place without the consent of the person or people in that place who are entitled to privacy) any device used to observe, photograph, record, amplify or broadcast sounds or events. Putting a tap on someone’s phone or a hidden camera inside a bathroom both qualify as invasion of privacy.

• Install or use (outside of a private place without the person or people’s consent) any device designed to hear, record, amplify or broadcast sounds coming from a place that wouldn’t usually be heard from outside the location. For example, if you hold up a microphone outside your neighbor’s bedroom window to catch any action that might be occurring inside, you’ll be guilty of invasion of privacy.

Penalty for Invasion of Privacy in Utah

Committing invasion of privacy is a class B misdemeanor. If you’re found guilty of committing a class B misdemeanor crime, you could potentially be sent to jail for up to six months.

Talk to a Utah Criminal Defense Attorney

Remember that if you’re charged with a crime, it’s never too late to discuss your case with an experienced Utah criminal defense attorney. You need to have top legal representation to improve your chances of winning any courtroom battle.

Protect your freedom and reputation by talking to a Utah criminal defense attorney today.

What Happened?

The man walked into the police station and allegedly requested that the officer behind the front desk come out and talk to him. The police officer, who was behind secure, bullet-proof glass, refused the request. Ultimately, the man showed his gun and reinforcements were called.

At some point the man was shot twice in the arm by a police officer. Reports do not state whether the armed man fired his gun prior to being shot. The man has been booked into jail while being investigated for attempted murder, aggravated assault, possession of a weapon by a restricted person and other charges.

What is Assault?

As a registered sex offender, this man is not legally eligible to have a gun—hence the weapon charge. A person may be charged with assault if he:

• Attempts to do bodily injury to another
• Threatens, by some show of immediate force or violence, to injure someone
• Actually physically harms another person

The charge can be increased to aggravated assault if the individual uses a dangerous weapon (such as a gun) while committing the assault. Aggravated assault is a third degree felony unless serious physical injury occurs, in which case it is a second degree felony.

It doesn’t matter whether a person commits assault on a member of a Utah police force or just an average citizen, he will likely be charged with a crime either way. However, showing up with a gun inside a Utah police station isn’t the smartest move a person could make.

Don’t Talk to Police

We don’t know what led to this man’s alleged behavior; presumably there will be some investigation into why he acted the way he did. In the meantime, he has made a good choice, which is not to speak to authorities without talking to an attorney.

If you find yourself on the opposite side of the law, you shouldn’t talk to police either. Make sure you discuss your case with an experienced Utah criminal defense attorney before talking to anyone else.

Photo: nerissa’s ring

How Much Alcohol is Necessary for a Utah DUI?

You are not legally allowed to operate a vehicle in this state if any of the following occur:

• If your blood or breath alcohol concentration is .08 grams or greater at the time of a chemical test or
• If you are under the influence of alcohol, any drug or the two combined and it’s determined that you can’t operate a vehicle safely or
• If you have a blood or breath alcohol concentration of .08 grams or more at the time of operation or actual physical control of a vehicle

Penalties for Utah DUI

Most first time Utah DUI offenders are charged with a class B misdemeanor. The charge increases to a class A misdemeanor if you

• Inflict bodily injury upon someone as a result of your negligent behavior
• Have a passenger under 16-years-old at the time of the offense
• Are 21-years-old or more and have a passenger under the age of 18 in your vehicle

You may be charged with a third degree felony if you cause serious bodily injury on someone else or if you’ve had two or more prior convictions which are within 10 years of:

• The current conviction or
• The time of the offense for the current conviction or
• A conviction of automobile homicide or
• A felony violation for a Utah DUI

As you can see, the laws concerning DUIs in Utah can be complex and confusing, particularly to the average citizen. That’s why you should immediately discuss your case with a Utah criminal defense attorney if you’ve been charged with a Utah DUI or any other crime.

It’s in your best interest to have a reputable legal expert on your side in any criminal matter. Make the right move and talk to a Utah criminal defense attorney today.

Photo: William Warby

Be On Alert for Exotic Snake Tubs

An unidentified neighbor of Cobb’s called the police after spotting Cobb cleaning a tub for some snakes out on his lawn. When Cottonwood Heights police arrived, Cobb showed them where the snakes live in his basement. Don’t worry; the boas aren’t milling about, slithering freely all over the floor, just waiting for the opportunity to escape through an open window. According to reports, they live in clean cages and Cobb takes good care of them.

Cobb was given one week to get rid of all the snakes but one, since the city’s law supposedly only allows a person to keep one exotic animal at their residence.

Cottonwood Heights does have an ordinance concerning exotic animals. It does say that a person cannot keep an exotic animal unless he has a permit. The ordinance also states that the person must:

• demonstrate sufficient knowledge of the species to provide adequate care
• present proof of adequate caging appropriate for the species
• present proof that the animal poses no threat to the health and safety of the community should it escape

What to do with 28 Exotic Snakes?

Considering that Cobb built the room where the snakes live specifically for their needs, it will be difficult for him to find other living arrangements for 28 boa constrictors easily. He did note that he may hire an attorney and take the matter to court.

If you’ve been mistreated by the law and are in need of legal help, don’t wait to talk to a Utah criminal defense attorney. You deserve to have your rights protected, because even if you’re accused of a crime we believe that the legal system still says you’re innocent unless you’re proved guilty.