1. File a police report.

If you have been falsely accused of a crime, the first step is to file a police report. This will document the accusation and provide a record of the incident. It will also help you build a case against the accuser.

2. Hire an attorney.

Once you have filed a police report, it is important to hire an experienced criminal defense attorney. Your attorney can help you navigate the legal system and protect your rights.

3. Request a restraining order.

If you feel threatened or unsafe, you may want to request a restraining order against the accuser. This will keep them away from you and could help protect your reputation.

4. Challenge the evidence.

The evidence against you may not be strong enough to support a conviction. Your attorney can challenge the evidence and help reduce or dismiss the charges against you.

5. Speak to the media.

The media can be a powerful tool in your defense. If you feel comfortable, you may want to give an interview to tell your side of the story. This can help clear your name and improve public opinion of you.

False allegations can have a serious impact on your life, but there are ways to fight back. With the help of an experienced attorney, you can protect your rights and clear your name.

How a Criminal Defense Attorney can help your case

An experienced Utah criminal defense attorney can help protect you from such allegations and take the necessary legal actions to clear your name.

There are a variety of legal actions an attorney can take against false allegations. First, the attorney can work to get the charges against you dropped or reduced. If the case does go to trial, the attorney can aggressively defend you and work to prove your innocence. The attorney can also argue for a lower sentence if you are found guilty.

Additionally, the attorney can work to clear your name after the trial is over. The attorney can file motions with the court or contact the media to help set the record straight. The goal is to restore your reputation and ensure that people know that you are innocent of the false allegations.

If you are facing false allegations, it is important to seek legal help right away. An experienced Utah criminal defense attorney can help protect your rights and fight for your innocence. Contact an expert criminal defense lawyer today to learn more about your legal options.

Sadly, domestic violence and abuse happen a lot more often than you’d think. In the United States, over 20 people are physically abused by their intimate partner every minute. That’s excluding emotional and sexual abuse. About 10 million people are victims of domestic violence, not counting the many incidents that go unreported. It is difficult to break from the oppression and see the signs of domestic abuse, so we have compiled a list of signs so you can take adequate action.

Signs of Physical Abuse

The following are some signs if you or a loved one has been a victim of physical domestic violence:

• Sustained bruising, scars, broken bones, etc.;
• Have been hit, kicked, punched, choked, or slapped;
• Threatened with a weapon;
• Sustained injuries from a weapon;
• Forced to use drugs or intake alcohol;
• Abandoned in an unfamiliar place;
• or Subjected to reckless driving.

Signs of Emotional Abuse

Below are some signs that you or a loved one has sustained emotional abuse:

• Have been demeaned or belittled;
• been called names;
• humiliated in public;
• obsessively accused of being unfaithful;
• been cheated on;
• isolated from family or friends;
• stalked by your partner;
• told what to eat, where to be, and where to sleep;
• or obligated to dress a certain way.

Signs of Sexual Abuse

You or a loved one may be suffering from sexual abuse if the following signs apply:

• You’re forced to dress in a specific sexual manner;
• Forced to have sex even if you/they don’t want to;
• Forced to perform sexual acts;
• Physical abuse during sex;
• Forced to make pornography;
• Intentionally given an STD;
• Forced to have sex after physical abuse;
• Forced to have sex with others.

Knowing if You’re a Victim

You or a loved one may have experienced one or more of the above signs in your own relationship. But, some of these actions, without context, are enough to be domestic violence. So here are a few questions, if you can answer yes, honestly, then you may be a victim of abuse:

• Has your partner insulted or humiliated you in public?
• Does your partner force you to describe your every move when you’re not with them?
• Is your partner angry all the time?
• Does your partner scare you?
• Does your partner force you to do drugs?
• Are you not able to interact with certain people, including your family, because of your partner?
• Does your partner force you to have sex with them?
• Has your partner threatened to kill you?

If you have answered yes to any of these questions, do not hesitate to reach out to The National Domestic Violence Hotline for help at 800-799-7233. Our expert attorneys can also assist you in any legal claims including divorce or legal separations. Call today and receive a consultation.

Technology is rapidly advancing and as our society is becoming more integrated with the internet, the rate of cybercrimes is increasing dramatically. To stay protected as much as possible, below are some of the most common types of cybercrimes. 

Fraud

Online scams are a newer type of fraud, but we have all experienced them at some point. You anonymously receive an email or text message asking you to provide detailed information or to sign into a shady website. This is referred to as “phishing”. Phishing is used to obtain as much personal information as possible.

Sex Crimes

The most common online sex crime is child pornography. Sexual exploitation of a child or child pornography is a serious sexual offense and a felony. Depending on the acts committed, sexual exploitation of a child can be punishable by up to 12 years in prison. Additionally, the convicted person would also be required to register as a sex offender. Even the minimum punishment would be 2-6 years in prison, a fine, and mandatory sex offender registration.

Electronic Bullying

Bullying is completely under control on online platforms. However, after many suicide attempts from young users, it has been criminalized. Online bullying is a class 3 misdemeanor and is punishable by up to 6 months in jail and carries a heavy fine. So, if you ever feel harassed by these online keyboard warriors, call an attorney to file a claim.

Malware or Viruses

Deliberately distributing malware and computer viruses is a crime. In most cases, because malware and viruses can affect people from outside the state, this can become a federal crime. Depending on the monetary value of the damage caused by this malware or viruses, this type of distribution can be punishable as a class 2 felony.

Piracy

We are warned at the beginning of every film that it is a federal offense to reproduce any movie or music file and is punishable by law. If you choose to reproduce a movie or some music, this is called piracy. Games are also becoming increasingly popular in piracy, and in some cases, can lead to severe sentencing.

Contact a Cyber Crime Attorney

Technology is quite complicated, and the laws surrounding it can prove to be even more complex. To get the best representation and legal advice for cyber crimes, contact our firm today and get a  consultation today.

Defining Invasion Threat to Bodily Harm

You can only use force to defend yourself in case of a trespasser. However, you are only supposed to use as much force necessary to eliminate the threat. Since the line is a bit blurred and difficult to decipher, it would be best to hire an attorney if you have been part of an encounter such as trespassing.

Rational Fear

When analyzing whether or not you acted appropriately, the court will investigate the situation and see if your fear of the problem was rational and reasonable. This means that you have reason to be afraid for the well-being of others and yourself under any circumstances. Rational/Reasonable fear is assessed based on what a rational person would experience if put under the same pressure you faced. This can be a double-edged sword; in some cases, the fear is deemed unreasonable due to the standard of what others may have experienced. An experienced attorney can negotiate a better ruling for you, given the situation the trespasser put you in.

Hire a Utah Criminal Defense Attorney for your Self-Defense Cases

At no point should you undergo questioning without explicit advice from your attorney. You will have to inform the police officers that you intend to speak to an attorney before answering any questions. If you have already finished answering the initial questioning, it’s not too late to hire an attorney to help you with your case. Just be sure that you inform your attorney about everything you said during your questioning. This will help your lawyer develop the proceeding steps of your case. Include any essential details of your case, even if you think it’s insignificant, in your consultation with an attorney. Bring any documentation related to the incident, including police reports, medical records of any injuries sustained, and more. Call an experienced attorney at Utah Criminal Defense Attorneys today to receive a consultation.

We encourage you to remain as calm as possible. State that you are going to exercise your right to silence. After which, you should politely ask for an attorney before answering further questions.

This can be a challenge for some people, as they think staying quiet and not answering questions can make them seem guilty, even if they have done nothing wrong. Police can be intimidating, especially in encounters such as these, where they can cause all sorts of anxiety; most people will talk to get out of this uncomfortable situation.

Here are some reasons why you should not talk to the police without an attorney’s presence:

1. You won’t make matters better: You will not talk your way out of an arrest an officer wants to make. All you might do is give them more ammunition against you.
2. You might make a mistake: Interrogations can be quite stressful. The more stressed you are, the higher the likelihood of you saying something that can be quickly twisted against you.
3. A lie could result in a conviction: Lying to a police officer can result in a misdemeanor and put you in a worse position. Maybe even guaranteeing a felony charge.
4. The police officer may forget: Can you be so sure that your side of the interrogation is being correctly recorded? If there’s no proper documentation, how certain would you be that the police officer will recall any detail you may have said?
5. You may be getting tricked: Coercion still is a significant problem in police interrogations. It’s hard to keep your composure when reacting to the interrogation. Even to this day, people confess to crimes that they did not commit. This should put in perspective how harsh and dismissive to compelling evidence cops are. Studies show how most false witnesses are due to the intense pressure they undergo in police interrogations.
6. There’s no need to rush: You should never feel in a rush when discussing things with the police. Again, we compel you to remain silent. If at any point you should feel the rush to talk to an attorney, who can advise if it’s a good idea to offer a statement.

The main steps in processing a criminal case:

1. An arrest has been made. This could be made at the scene of a crime, or as the result of an investigation. Police and detectives will hold a criminal investigation to gather evidence to identify a suspect and support an arrest. A search may be performed as part of this process. Probable cause is the standard of proof required for a search to take place. Probable cause means there are facts or apparent facts indicating evidence of a crime can be found in a specific location.
2. The prosecution has been made. When a person is charged with a crime, they are a criminal defendant by the district attorney. When deciding whether to charge a person with a crime, many factors will weigh in on the prosecutor’s decision. Including the seriousness of the offense and the strength of the evidence.
3. Arraignment by a judge. This happens before the trial and is where the defendant appears in court and enters a plea.
4. Pretrial detention and/or bail. This is the period that a person is held in custody before the trial takes place. A bail amount is set and may be paid should the defendant wish or can do so. This money is paid by the defendant to ensure he or she will show up for trial.
5. Although this is not an official stage, plea bargaining is quite common to reduce our already strained criminal justice system. This is a meeting between prosecuting and defense attorneys in which a charge reduction or a sentence reduction is offered in exchange for a guilty plea.
6. Under The United States Constitution, a person has the right to choose if they would like a jury trial or a trial by a judge alone. This is the case when a sentence will be more than six months of imprisonment.
7. Should the defendant be found guilty, the sentencing stage will begin. A judge will carry this out. The sentence will depend on a variety of factors, including previous convictions and mandatory minimum sentences. Possible sentences include fines, probation, a period of incarceration in either a jail or prison, or a combination of supervision and community service.
8. Appeals may be filed in appellate courts and then ruled on by appellate judges. There are many directions that this hearing can go. However, should the case get reversed, then the original hearing is treated as though it has never happened. Prosecuting attorneys can then decide to refile the case or drop the charges. However, keep in mind that the case can be refiled should the statute of limitations not expire for the crime.

Don’t go through this process alone.

Most people know individuals have better success with their legal endeavors with an attorney. If you or a loved one has been charged with a crime, they have the right to an attorney. If you have been charged with a crime in Utah, consider calling Christopher Ault of Utah Criminal Defense Attorneys to learn more about your options. We can be reached at 801-987-8409 to speak with a professional and schedule a consultation.

The United States justice system was created around the principle that any person has to be proven guilty under a court of law, rather than in public opinion. Under the Sixth Amendment, Cornell University Law School points out that people have the right to act as their legal representative, or they could hire a qualified attorney. For people facing possible charges in Utah, it could be tempting to handle this matter on their defense, but this could be a terrible idea.

The system is complicated.

Outside of the trial and negotiations for a plea bargain, navigating the legal system is very complicated. Utah courts are stringent when certain documents need to be filed, and if people miss deadlines, it could jeopardize the result of their case. For example, the defendant only has so many days to submit pretrial motions to avoid evidence or present evidence in their defense.

This can be avoided by hiring an attorney who understands these rules and has a supporting team to ensure that all necessary resources are being provided to the court in a timely manner. They can also act as the defendant’s counselor and educate the defendant on what to expect in the criminal process.

No Experience / Knowledge

Imagine if people needed to undergo surgery, typically, they’d want to find a qualified surgeon with the experience in performing that procedure. The same applies to those who are facing criminal charges. The American Bar Association states that attorneys spend various years gathering knowledge about the legal system. They know how specific rules apply to cases, including when formal charges must be filed, how evidence is to be collected, and what type of evidence to look for.

Lack of Legal Advice

The Utah State Bar states that court staff and judges cannot provide anyone with any advice referring to their case. This would violate the role of a judge, whose purpose is to be a neutral third party that listens to both sides and then makes a ruling after reviewing the arguments and evidence provided.

Emotional Decisions

People must acknowledge that the legal court system is one that is designed around logic and reasoning. To represent themselves, the defendant must act within these parameters and view their case with an objective eye, examining the strength of the evidence against them while simultaneously planning the best strategy to follow. However, most people are too emotionally attached since they are the ones being accused and facing charges.

An attorney has all the skills necessary to help people see the long-term picture and choose options that will give them the best possible outcome to their situation. When defendants in Utah find themselves as the center of a criminal investigation, it may help to meet with a Salt Lake City criminal defense attorney.

Flat Charges

Flat fees have an overall appeal because it means that the agreed-upon amount should cover the entirety of your case or legal representation services. Numerous criminal defense attorneys will undoubtedly bill a flat cost for a specific case or solution. For example, your attorney may bill a level cost of $2,500 for managing your drunk driving charge, or they might work regular court appearances at $350.00 each rather than at their full per hour price.

The final decision of what you want to do ends up in your hands. One benefit of a flat fee agreement is that you are in a better place to know what to expect financially, regardless of if your case goes to trial or if your charges are dropped for one reason or another.

Retainer Fees

Some criminal defense lawyers will call for that you pay a retainer charge upfront. Law firms will sometimes require a retainer fee to be paid before representation can begin for both federal and state crimes. The retainer is similar to pre-paying for your legal fees, in that any solutions made will be first billed against your retainer. When the retainer is exhausted, your lawyer will typically let you know beforehand and then start billing you for services not covered by your initial retainer. If your case is settled and the whole retainer has not been spent, the remaining balance may be reimbursed to you.

Retainer fees are typically instated to help ensure the attorney is being compensated for legal services rendered. In the future, a retainer may be waived if you have a previous relationship with the firm and are in good standing.

Hourly Fees

Many people know that attorneys will bill for their time hourly. However, they do not realize that every 6 minutes or one-tenth of an hour will be accounted for. The benefit here is that you will not be billed for a whole hour if the task only took 12 minutes to complete. It is essential to establish what your prospective attorney’s hourly rate is, as well as their paralegals. You can also get a general understanding of how much time a common task will take so you can estimate your final costs. Many people are daunted by the possibility of being billed by the hour, which is easy to understand. That said, a skilled criminal defense lawyer can most likely give you a price quote for handling your case.

Hybrid Models

Some criminal defense lawyers will utilize a hybrid model, which normally includes a mix of flat and per-hour payments. The lawyer might handle particular jobs at a flat cost and other elements of your instance at their per hour rate. Regular, predictable tasks are commonly billed at a level, hourly rate. Things like motions, hearings, and trials tend to be billed hourly since they can be difficult to predict when necessary to resolve the issue.

Some legal representatives might offer a month-to-month, flat-rate to cover any work performed on your instance or certain facets of your instance. For example, they might charge you a flat cost of $100 per month for all meetings, phone calls, and email communication. They may be using setup primarily to motivate cost-free and open interaction, making use of the charge just to offset their lost revenue.

Miscellaneous Expenses

People tend to get over-focused on the legal costs they will have to pay and don’t pay attention to the costs of having a criminal charge. Over time, these costs can build up, so it’s good to recognize what prices you will be accountable for. Below are some instances of a few of the expenses that you might have to pay.

Mailing as well as distribution fees

Court filing fees

Innovation charges for making use of specific online sources

Copying charges

Third-Party Costs

While the various costs noted over might be reasonably low, third-party costs can be rather expensive. These are expenses that are usually billed by various experts that are needed to protect you against legal charges. Right here are some come third-party charges that can be substantial:

Private detectives

Specialist witnesses

Forensic accounting professionals (often used in allegations of white-collar monetary crimes).

Court reporters.

Some of these third-parties might bill thousands of bucks per hr, so it’s great to know upfront what they will cost. Inevitably, it ought to be your choice regarding whether you involve their services.

If you have been charged with a crime in Utah, we invite you to call The Ault Firm today to speak with a legal professional at 801-987-8409