Photo: Micah Baldwin

House Bill 155 Requires Certain Steps

• First a parent has to meet the regular qualifications required to get assistance.
• Then the parent must fill out the questionnaire. If the questionnaire indicates “a reasonable likelihood” that the parent has a substance use problem, the parent must then submit to an actual drug test.
• Finally, if the parent’s drug test is positive for a controlled substance that person must enter into and follow an employment plan in order to receive cash assistance.

The employment plan requires that the person:

• Receives treatment for a substance use disorder and
• Tests negative for the drug(s) on follow-up testing

According to house bill 155, if a person is required to receive treatment for drug abuse, he will receive treatment at the division’s expense for at least 60 days—again, as long as he enters into the employment plan agreement.

The upshot is that now a person who is put in the undignified place of having to seek financial aid to provide for their family will be subjected to further questions about drug use. At least someone who’s already having financial problems doesn’t have to try and figure out how to pay for drug treatment if the state determines they need it.

What Happens to Drug Test Results Under House Bill 155?

Whether or not a financial aid applicant will, at some point, have his drug test results made accessible to police for criminal charges is another question. House bill 155 does say that drug test results under this section are private except that a third party may have access under GRAMA (the Government Records Access and Management Act.) Presumably, law enforcement knows how to request info through GRAMA.

Hire an Attorney

If you have legal repercussions because of any drug tests you were forced to take in order to receive state assistance, don’t hesitate to call a Utah criminal defense attorney. You deserve to have a legal expert handle any criminal case you are involved in.

Photo: Marc Falardeau

Burglar Takes Advantage of Open Window

A man allegedly entered a couple’s home through an opened window and at some point was confronted by the homeowner. The burglar pushed the homeowner out of the room, but the man reentered and got hit in the face for his trouble.

The burglar left, and the homeowner called police. When law enforcement arrived, they found a backpack on the lawn—but no ID inside. They did, however, discover a thumbdrive which contained homework with the alleged burglar’s name on it.

Burglar Booked into Jail

Police tracked down the suspect and arrested him. He appeared to be drunk and was in possession of a camera from the home he’d supposedly broken into. The alleged burglar has been booked into jail and is being investigated for burglary, theft and assault, as well as alcohol consumption by a minor and possession of drug paraphernalia.

A Few Hints

This true incident comes with a variety of suggestions: don’t steal, don’t drink to excess, don’t take your backpack with identifying info when you’re breaking into someone’s home and so forth. It also contains an idea for homeowners—don’t leave doors or windows opened or unlocked. It’s the perfect invitation for a potential burglar.

If convicted of the crimes he’s being investigated for, this Utah burglar could be spending a lot of time in jail. Hopefully he’ll now make a smart move and hire the services of a top Utah criminal defense attorney. When you’re facing any kind of legal trouble, get an attorney who is an expert in Utah criminal law on your side.

Unlawful Conduct

It is illegal for a person who does not have a license to practice a profession and pretend to be licensed. If a person has had their professional license revoked, they must not continue to advertise or claim to be licensed in their job, even if their skills remain intact.

If you have a license to perform massage therapy and something occurs that causes your license to be restricted, suspended, put on probation, etc., then you can’t do anything outside of the changes to your license. You also are not allowed to hire someone to do a job that requires a current license if that person doesn’t have the appropriate license.

Cheating, lying or using any other form of deception to gain a license is also against the law. Even though that’s obvious to most folks, there are some people who might try to get away with faking an application or otherwise being deceitful to get a professional license.

Unprofessional Conduct

When a person earns a professional license, it’s assumed that he will adhere to a certain set of rules. You’ll be breaking Utah law if you’re drunk, high or otherwise impaired on the job. That law can impact many people. You probably don’t want your pharmacist to have just finished shooting meth and then come to work and fill your prescription with the wrongs medication because he’s out of it. Stay sober and clean when you’re on the clock.

Other unprofessional conduct can include inappropriate language, physical contact and any type of abuse. If you’re a massage therapist, stay away from those body parts that could earn you a bucket load of trouble.

Penalties for Unlawful and Unprofessional Conduct

Ignoring the law and behaving badly can earn you a class A misdemeanor charge and fines. Fines can get up to $2000 a day in some circumstances. In other words, it pays to keep your nose clean and fly right.

Bad things will still happen to good people, however. If you’ve been accused of an unlawful or unprofessional conduct crime, don’t wait to contact a Utah criminal defense attorney. Make sure that your side of any story is heard by the right person by getting yourself the best criminal defense possible.

Photo: bayasaa

Selling Fireworks in Utah

Those wishing to sell fireworks in Utah (also known as Class C common state approved explosives) need to adhere to the following timetable:

• Fireworks sales begin on June 23 and ends on July 27
• For New Year’s, sales start on December 29 and end on December 31
• For Chinese New Year, sales begin two days before and continue through Chinese New Year’s eve

Using Fireworks in Utah

You can use Class C common state approved explosives according to the following schedule:

• Between 11 a.m. and 11 p.m. beginning on July 1 and ending on July 7 and the same times July 21-27
• Between 11 a.m. and midnight on July 4 and July 24
• Beginning at 11 a.m. on December 31 and ending at 1 a.m. on January 1
• Starting at 11 a.m. on Chinese New Year’s Eve and ending at 1 a.m. on the following day

However, if New Year’s Eve falls on a Sunday and local authorities celebrate the holiday on the Saturday before, a person may use their fireworks during the same time period (11 a.m. on Saturday to 1 a.m. on Sunday.)

Clear as mud? If you need further clarification, feel free to contact your local city or county authorities. Also, don’t hesitate to call a Utah criminal defense attorney if you have legal questions concerning fireworks in Utah.

Have fun with your fireworks this summer by keeping a bucket of water handy and any flammables out of the reach of kids. If your fun goes astray and the police get involved, call a top Utah criminal defense attorney for help.

Events Leading to Arrest

Mr. Williams was convicted of assault on a pregnant person and domestic violence in the presence of a child. In the original district court case, Mrs. Williams testified in great detail about the episode where her husband kicked her in the presence of their minor-aged children. During the attack she was on the phone with a nurse who called the police. When law enforcement responded, Mr. Williams was arrested.

The Recantation

After the conviction, Mrs. Williams changed her testimony, saying that she had lied about her husband’s actions. She also stated that a prosecutor threatened her and forced her to offer false testimony about her husband. Additionally, she alleged that the prosecutor grabbed her and pulled her into the courtroom.

The appeals court stated that a new trial based on recanted evidence could only be held if the new testimony was credible. In State of Utah v Williams, Mrs. Williams’ changed testimony did not fit her original detailed explanation of what occurred. Also, the prosecutor offered testimony that Mr. Williams made threats against his wife if she didn’t recant.

Prosecutorial Misconduct?

Concerning the issue of prosecutorial misconduct, an impartial witness (a victim’s advocate) who was present prior to Mrs. Williams’ testifying, noted that the allegations against the prosecutor concerning his pretrial actions were not accurate. The victim’s advocate did not observe any pushing, pulling or threatening from the prosecutor towards Mrs. Williams.

No New Trial for Williams

In the end, the appeals court found that there was not sufficient evidence to grant a new trial in State of Utah v Williams and upheld the district court’s decisions.

Let an Attorney Be Your Voice

Contact a Utah criminal defense attorney today if you are concerned about the way you are being treated by law enforcement or the state. You have every right to hire a top attorney to represent your interests in any legal action.

Photo: Just Another Wretch

The woman claimed she ran out of money and needed to feed her addiction for Pepsi and chocolate. Among other items, her purse did contain a Pepsi and some chocolate bars.

It’s a little hard to believe that someone is charged with a felony for shoplifting candy and soda. If you have another option for feeding your food addiction besides shoplifting, use it. You don’t want to take a chance on going to jail—or worse, prison—over some junk food.

Normally, charges for retail theft are made according to the amount of product or services stolen:

• Second-degree felony–$5000 or more
• Third-degree felony–$1500 to $4999
• Class A misdemeanor–$500 to $1499
• Class B misdemeanor—less than $500

There are circumstances under which a person could be charged differently, such as if the offender has stolen from the property in the past.

A person who commits shoplifting can also be subject to civil penalties, if the victim takes him to court. The offender could be liable for three times the amount of actual damages and for costs of the lawsuit and attorney’s fees.

It’s always prudent to hire a Utah criminal defense attorney if you find yourself in legal trouble. You have every reason to protect yourself either from criminal charges or jail time if you can help it. Let your attorney handle law enforcement and the courts while you, if necessary, get other assistance you may need—perhaps for an addiction to Pepsi and chocolate.

Photo: matsuyuki

Prostitution in Utah

County commissioners and city councils have the authority to suppress and stop: disorderly houses, houses of ill fame or assignation or houses used for acts of perversion, lewdness or prostitution within city limits and within three miles of a city’s outer borders.

Along with prohibiting those houses of ill fame, commissioners and city councils may make it illegal for a person to hire themselves out for intercourse, lewdness or moral perversion within city boundaries. Pimping is off-limits, too.

Gambling in Utah

If you’ve been in Utah for any length of time, you’ve probably realized that there aren’t any casinos to while away your time in, and you also won’t be winning any “big money” unless you travel outside the state. That’s because gambling houses and gambling in general may also be prohibited and usually are. Lotteries, all kinds of gaming, dice, cards and other games of chance may be illegal as well.

Additionally, depending on the laws created by a city or county, you may not sell, distribute or exhibit obscene or lewd: publications, prints, pictures or illustrations.

Breast-feeding in Utah

The bottom line is that women may breastfeed anywhere within the state without it being considered lewd or obscene, regardless of how much breast is exposed during or incidental to feeding. County commissioners and city councils do not have the ability to prohibit breastfeeding.

If you find yourself in need of legal assistance, don’t hesitate to call a Utah criminal defense attorney. An attorney doesn’t care what you’re charged with; it’s his job to provide you with the best defense possible. Hire a top attorney who will work hard for you.

Photo: Daniel X. O'Neill

School District Still on the Fence

The school district still has not reinstated the teacher, who is on paid administrative leave pending investigations. The district attorney stated that the evidence given in support of the complaint did not allow prosecutors to conclude that a crime had been committed.

Presumption of Innocence

The high school coach has, through his attorney, maintained his innocence. Luckily—as we have stated before—a person is presumed innocent unless he is proven guilty in a court of law. One of the rights we have in America is the presumption of innocence. It’s important to remember that even when a person is arrested, it doesn’t mean that person is guilty of the crime he’s been arrested for. There are certain procedures the police and prosecution must follow, but innocence is a given until a judge or jury decides otherwise.

Let a Top Criminal Defense Attorney Help You

Having an attorney as your spokesperson isn’t just a luxury, but a necessity. Remember: you don’t have to be a criminal to hire a Utah criminal defense attorney to represent your interests. In this particular case, the man in question didn’t wait to be arrested or charged with a crime. If you find yourself in similar circumstances, get an attorney on your side immediately. You have your freedom and reputation to worry about, not how to navigate Utah’s legal system.

Make that important phone call today. Contact a Utah criminal defense attorney right away

Photo: Daan Berg

Over $10,000 In Ink Cartridges Stolen

One office supply store’s employee determined that at least $10,000 worth of ink cartridges had been stolen from their store alone. Many other ink cartridge thefts had taken place at other office supply stores as well.

Theft Punishments Can be Steep

Theft is usually a second-degree felony if the value of the property stolen exceeds $5000. According to the Utah Code, a person commits theft if he receives, retains or disposes of the property of another knowing that it has been stolen. Keep in mind that a second-degree felony can carry a potential penalty of 1-15 years in prison. Theft qualifies as a third-degree felony if the stolen property is greater than $1500 but less than $5000. A third-degree felony may send a person to prison for up to five years.

It might seem surprising that stealing ink cartridges could garner such penalties, but when a person commits theft, the charges increase as the stolen property value increases. Theft might not seem like such a big deal, but it can carry big consequences.

Don’t Wait to Hire an Attorney

When it comes to hiring a Utah criminal defense attorney, it doesn’t matter what you’ve been charged with, ink cartridge thefts or something else—we’re here to help you. Look for an attorney with experience in handling criminal cases, who works well with his or her clients and knows Utah criminal law. You deserve the best when you’re trying to protect your freedom and reputation.