The Case Recently the Utah Court of Appeals issued a ruling in an appeal concerning a Utah civil stalking injunction. The case is Roper v. Shovan, 2013 UT App 124. In that case the court addressed whether the district court erred in issuing the injunction. An appellate court will overturn a district court’s decision in a civil stalking case only…
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Criminal Law
Victim Impact Statements at Sentencing for Utah Convictions
What is a Victim Impact Statement? Under common law, for every crime committed there needed to be a victim. That of course is no longer the case as there are a multitude of “victimless” crimes (e.g., possessing drugs, drinking alcohol under age, etc.) For those crimes that legitimately have victims (e.g., murder, assault, theft, etc.) the victim has obviously been…
Federal Marijuana Charges in Utah and Prejudgment Probation
Utah Has More Federal Lands than State or Private Lands The sad reality of Utah is that there is very little private property as compared to federally owned lands. The amount of federal lands means that you have to worry about breaking federal law in addition to state law. This is especially true for those who smoke marijuana. Utah is…
U.S. Supreme Court Gives Carte Blanche to Drug Sniffing Dogs
Search Results in Nothing After Drug Sniffing Dog Hits In Florida v. Harris, the United States Supreme Court addressed the issue of whether a drug sniffing dog’s alert or hit on a vehicle constitutes probably cause for purposes of searching a vehicle. In that case the defendant was pulled over for an expired license plate. The officer asked for consent…
Statute of Limitations for Criminal Offenses in Utah
In Utah, there are strict time limits for state and city prosecutors to bring criminal charges against an individual. These time frames are known as “statute of limitations” and once limitations period runs that is it – charges cannot be brought thereafter. The following state of limitations apply: Generally speaking, a felony must be brought within four (4) years; Negligent…
Millard County Utah Criminal Defense Attorney | Delta | Fillmore
Hiring a Millard County Utah Criminal Defense Attorney can make all the difference when you have been charged with a serious crime such as assault, domestic violence, or any felony; or if you are facing a drug or alcohol crime like DUI, marijuana possession, or drug distribution. Millard County is located centrally in Utah and the two major cities in…
Bountiful Utah Couple Charged with Aggravated Kidnapping and Robbery
A man and woman who are allegedly engaged were recently charged with aggravated kidnapping and aggravated robbery. The allegations are that they tied up their victim with duct tape, choked him with a shoe lace, and held him captive for about 12 hours. The evidence that led authorities to the man and woman included clothing left at the scene with…
Juvenile Sex Crimes in Utah
Sodomy | Sexual Abuse of a Child Attorney Children commit crimes on children more often than perhaps realized. Such acts are generally perpetrated by an older child on a younger child. Sometimes, the crimes are committed within the same family. Parents typically know nothing about a sex crime committed by their child until after it has been going on for…
Utah Supreme Court Rules on Identity Fraud Law
What is Utah Identity Fraud? Under Utah Code 76-6-1102, identity fraud occurs when a person obtains personal identifying information of another person whether that person is alive or deceased and knowingly or intentionally uses, or attempts to use, that information with fraudulent intent, including to obtain, or attempt to obtain, credit, goods, services, employment, any other thing of value, or…
Sex Crimes Getting You On the Utah Sex Offender Registry
Utah Crimes Which Put You on the Registry The list of crimes which will get you on the Utah Sex Offender Registry includes: enticing a minor; sexual exploitation of a vulnerable adult; unlawful sexual activity with a minor; sexual abuse of a minor; unlawful sexual conduct with a 16 or 17 year old; rape; rape of a child; object rape;…