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.

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.

Finding the right DUI attorney

The key is to find an attorney with experience and a great reputation. DUI is a very complex specialized that requires everyday emphasis and continuing education and learning and training. A criminal defense law firm should do everything they can to help achieve the best possible resolution in your case. Let’s take a look at some of the things you can do today to help locate such an advocate.

1. Read the online reviews for the firm. The internet has made it easier than ever to share your experience with others online. Places like Google My Business, The BBB, Facebook, and Yelp are fantastic resources to read what others have to say. It is generally a good rule of thumb to consider attorneys with several reviews and an overall rating between 4 to 5 stars. We also recommend reading what people have to say, especially if the person leaving the study has a case type similar to yours.
2. Request a case review or consultation. The most significant thing you can do is speak with a lawyer face to face by far and away. Not only will you gain new knowledge and insight into the legal process, but you will also be able to determine better if this attorney is the best for your DUI case. Most legal professionals can explain their process and what they will do to help you when you need it most. Ideally, you will find someone who is in a position to research your case and build the best defense possible. You may want to consider asking the lawyer for a checklist and itemizing all the things they do when they defend a case.
3. Certifications and awards. It may surprise you to know that there are many awards that attorneys and law firms can achieve for the quality of their practice and overall client service. Take note in the office or their website if the lawyer has earned any particular qualifications or honors. Premier drunk driving defense firms will usually receive the recognition they deserve. Many of these awards and certificates are the result of voting from other attorneys. This means that their peers voted them as being worthy of such recognition.

Drunk driving defense in Utah

If you have been charged with a DUI offense in Salt Lake City, you are in luck. Attorney Christopher Ault meets all the criteria mentioned above. His firm was built on the desire to provide excellent legal representation to those charged with a crime. Call his office today at 801-987-8409 to speak with someone and schedule a consultation.

The charge of public intoxication is confusing; arrests under this heading usually come off as entirely subjective and appear to be up to what the police officer who made the arrest was thinking about the situation. The actual wording of the Utah Law states that “a person is guilty of intoxication if the person is under the influence of alcohol, a controlled substance, or any substance having the property of releasing toxic vapors, to the degree that the person may endanger the person or another, in a public place or in a private place where the person unreasonably disturbs other persons” (Title 76, Chapter 9, Section 701).

The problem with this is who determines endangerment? Even if the police officer determines you to be a danger to others, you may not be a danger, merely an annoyance, and the two are different things. More than that, an officer may arrest you for public intoxication if you are determined to be a danger to your safety, to say nothing of those around you. This arrest also comes whether you are in a typically designated public place, like a downtown bar, or even if you are at home and have been determined to be unreasonably disturbing to those around you.

A conviction for a charge of public intoxication can leave you with a jail sentence of up to 90 days and a fine of up to $750 – and if you have been arrested on the charge of public intoxication, you need a lawyer to help you get this charge off your record. A conviction for public intoxication can even lead to having your driver’s license suspended, and it will leave a black mark on your record that can have lasting consequences for your future employment, housing, and schooling.

If you have been arrested for public intoxication, give us at the Ault Firm a call today. We know the ins and outs of the legal system, and we can defend you from what could be a false arrest, and help you keep your record clean. Call today to schedule your consultation.

(See our webpage on public intoxication for more information.)

(a) he refuses to comply with the lawful order of the police to move from a public place, or knowingly creates a hazardous or physically offensive condition, by any act which serves no legitimate purpose; or

(b) intending to cause public inconvenience, annoyance, or alarm, or recklessly creating a risk thereof, he:

(i) engages in fighting or violent, tumultuous, or threatening behavior;

(ii) makes unreasonable noises in a public place;

(iii) makes unreasonable noises in a private place which can be heard in a public place; or

(iv) obstructs vehicular or pedestrian traffic.” (see Utah Code, 76-9-102)

When it comes right down to it, the police can arrest someone for merely being an annoyance, even though they may not be guilty of the offense of disorderly conduct. The police may have violated the rights of many who have been arrested for disorderly conduct in this type of situation, especially the First Amendment right of Free Speech. The deciding factor in the arrest of this nature is just the police officer’s attitude and perception because applying the law in this instance is hugely subjective. It is quite probable you did not deserve to be arrested for what was happening, but the officer’s perception of the events was enough for him to book you, regardless of what you had to say about the issue.

Disorderly conduct charges are categorized as a Class C misdemeanor, which means they are a crime. A charge for disorderly conduct will go on your record – and it will be available for the public to access, not to mention any future employers or landlords, etc., who may have the need to examine your record. Class C misdemeanors are the lowest of the misdemeanor category, but that doesn’t mean a conviction is easy to bear. Class C misdemeanors have a jail sentence of up to 90-days and a fine of $750 attached to them, and no one wants to go to jail for playing the music on their stereo just a few decibels too loud.

If you are facing charges of disorderly conduct, call us at the Ault Firm today. We know how to fight for your rights, and we have years of experience in dealing with the criminal justice systems in Utah. We can help you defend yourself and your record – so call us today to schedule your consultation.

(See our webpage for more information on disorderly conduct.)

There are many different types of arson, but for the most part, arson is classified into five different categories; arson with the intent to defraud an insurer, arson of someone else’s property, aggravated arson, reckless burning, and abandoned fire. Each of these offenses varies in the way someone can be charged for them. Reckless burning and abandoned fire are explained in Arson II.

Arson, with the intent to defraud an insurer – burning your property for the sake of receiving the insurance money later – is a second-degree felony and can be punished by up to 15 years in prison.

Arson of someone else’s property is more challenging to classify immediately, since the value of the damaged property, as well as injuries sustained by those uninvolved in the crime, determine the nature of the sentencing. Damage in excess of $5,000 and severe injuries on the part of bystanders is a second-degree felony; damage exceeding $1,500 but below $5,000 in value and substantial harm to others is a third-degree felony. Arson would be charged as a Class A misdemeanor if the damage fell between $1,500 and $500, and a Class B misdemeanor if the damage was less than $500.

Aggravated arson is a first-degree felony, and aggravated arson occurs when the target is a home or any other building classed as ‘habitable’ or burning such a structure or vehicle when a person was present inside. First-degree felonies can carry lifetime prison sentences, and aggravated arson is no exception.

To be convicted of it, arson must be proven beyond a reasonable doubt by evidence and witnesses against you. Facing a criminal charge of arson is a scary thing – but we are here to help you. We have defended many a criminal case, and we know how to help you get free of the charges that are besetting you. Call us today at the Ault Firm, and schedule a consultation, so that we can begin helping you today.

(See our webpage on arson for more information.)

If a burglary is committed inside a dwelling, meaning a house, apartment, flat, or any other location where a person is living, burglary is a second-degree felony. If the burglary is committed at another location, such as a business or a vehicle, for example, then the offense is a third-degree felony.

Aggravated burglary is a first-degree felony, and according to Utah law, a charge of aggravated burglary is made when the actor “causes bodily injury to any person who is not a participant of the crime, uses or threatens the immediate use of a dangerous weapon against any person who is not a participant of the crime, or possesses or attempts to use any explosive or dangerous weapon” (76-6-203). A first-degree felony charge will bring with it thousands of dollars in fines and years in prison.

Facing a burglary or aggravated burglary charge is a frightening thing. If convicted, the conviction will remain readily apparent on your records for years to come, because the offense is a felony. Your professional life could be a stake if you are charged with burglary, and even other aspects of your life, such as housing and schooling, will also be affected by a felony conviction.

However much you may feel so, you are not alone in this fight. We at the Ault Firm have years of experience in criminal defense cases, and we can help you overcome whatever obstacles are in the way of proving your innocence. Contact us today so that we can begin fighting for your rights now.

(See our webpage on burglary for more information.)