salt lake city Archives - Utah Criminal Defense Attorneys https://www.slccriminallawyers.com/tag/salt-lake-city/ Salt Lake City's Defense Law Firm Fri, 02 Sep 2022 20:57:57 +0000 en-US hourly 1 https://wordpress.org/?v=6.7.2 https://www.slccriminallawyers.com/wp-content/uploads/2021/10/cropped-Utah-Criminal-Defense-Attorneys-Logo-32x32.png salt lake city Archives - Utah Criminal Defense Attorneys https://www.slccriminallawyers.com/tag/salt-lake-city/ 32 32 Signs of Domestic Abuse https://www.slccriminallawyers.com/signs-of-domestic-abuse/ Thu, 16 Jun 2022 17:14:32 +0000 https://www.slccriminallawyers.com/?p=18817 Signs of Domestic Abuse

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.

]]> Common Types of Cybercrimes https://www.slccriminallawyers.com/common-types-of-cybercrimes/ Thu, 16 Jun 2022 17:12:07 +0000 https://www.slccriminallawyers.com/?p=18814 Common Types of Cybercrimes

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.

 

]]> The Way of the Future: Digital Driver’s Licenses https://www.slccriminallawyers.com/the-way-of-the-future-digital-drivers-licenses/ Wed, 04 Aug 2021 18:33:44 +0000 https://criminal.awebdevz.com/?p=2420 The State of Utah began requiring driver’s licenses in 1933.  Since that time, the look of driver’s licenses has changed been added to, and improved upon.  However, there have not been significant innovations to a driver’s license.  As of 2022 that is about to change as by using an app created by the GET Group, citizens of Utah can share or show their driver’s license digitally from their phones.  Ryan Williams with the Utah Safety Driver’s License Division, quality control manager, supports digital driver’s licenses for convenience, information transfer is done without contact, and safety.  For instance, a cashier selling alcohol to you can simply scan in a QR code that verifies who you are as well as your age, and does not disclose any other personal information such as a home address.  The app is encrypted for added security.  Additionally, each time your driver’s license is scanned, a new bar code is created so it cannot be copied or duplicated.
If you are interested in getting a digital driver’s license, right now the only way to do so is through the Department of Public Safety events held at Utah Community Credit Union and some Harmon’s.  Both Utah Community Credit Union and Harmon’s have agreed to accept digital driver’s licenses. The Utah Highway Patrol is said to be looking into this technology and the Utah Department of Alcoholic Beverage Control is intending to utilize the technology.
It is reported that the whole process to obtain a digital driver’s license only takes a couple of minutes.  Individuals with valid driver’s licenses can go to an event, scan a QR code and download the app.  Once the app has been downloaded, employees with the Utah State Driver’s License Division input that individual’s personal information and then corroborate the information with a QR code.  Once you are enrolled, you simply can tap on the app and a QR code or scan bar pops open on your phone for a cashier, teller, or other person needing your identification to scan.
How efficient and effective would it be to simply scan a QR code to verify identity rather than having to pull out your wallet and show your driver’s license which contains personal information?  You also don’t have to hand over your phone, rather it is simply scanned.  Technological advances certainly can and do enhance our lives
]]> Status of Courts with the Lifting of Covid Restrictions https://www.slccriminallawyers.com/status-of-courts-with-the-lifting-of-covid-restrictions/ Thu, 15 Jul 2021 18:04:39 +0000 https://criminal.awebdevz.com/?p=2416 Nearly everyone I know is so grateful Covid-19 restrictions are starting to lift.  I know I am certainly ready for life to get back to some semblance of normal.  I personally, am a people person and enjoy social activities and interactions.  Now that COVID-19 restrictions are being removed, how does this impact how cases are handled in the courts?  Are hearings in person?  Is the backlog we were experiencing being addressed?  In looking at www.utcourts.gov, it is stated that as of June 3, 2021, all counties have moved to the yellow phase of court operations.  In moving to the yellow phase, each individual court and county have flexibility in determining how to resume in-court proceedings.
Under the yellow phase, District and Justice court may begin conducting in-person civil and criminal jury trials, as long as they have as their pandemic risk response plan has been approved by the Management Committee.    In all civil and criminal jury trials, the Defendant has the right, should be chosen to do so, to appear by video conferencing if they have an effective ability to participate, have meaningful interaction with counsel, and the ability to be able to view witnesses and trial participants.  In my experience, the hearings I have attended by video conferencing have been conducted via WebEx. The Judge’s clerk sends an invite through email.
Now that jury trials are being scheduled, it is anticipated that many Utahns will receive notices that they have been called for jury duty.  Judges are anticipating their calendars will be very full with trials this year in the hope of clearing their calendars from the backlog that was created when everything was put on hold due to COVID-19 last year.  Typically, there are approximately 1200 trials held in Utah each year – 350 of which generally involve a jury trial.  I understand that the use of federal COVID-19 relief funds has been approved to bring Judges out of retirement to help address the backlog.
Now that Utah is getting the legal system back on track, trials, hearings, and other judicial matters will start happening, and cases will move forward.
]]> Laws on Shooting Trespassers https://www.slccriminallawyers.com/laws-on-shooting-trespassers/ Wed, 14 Jul 2021 21:48:54 +0000 https://criminal.awebdevz.com/?p=2411 Having your home broken into and robbery are every homeowner’s nightmares. It is your right to feel safe and secure in your own home, but the question is, can you use deadly force any time you experience an invasion? If you’re not extremely careful, you could be the one to end up needing a criminal defense lawyer. To help you navigate through the complexities of self-defense against trespassers, here’s a look at what you should do if you encounter this situation.

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.

]]> Water Restrictions, Yard Maintenance and Criminal Infractions? https://www.slccriminallawyers.com/water-restrictions-yard-maintenance-and-criminal-infractions/ Fri, 14 May 2021 18:31:38 +0000 https://criminal.awebdevz.com/?p=2398 This past winter we definitely did not see as much snowpack as we had hoped.  Given that, it is highly probable that Utah will experience drought conditions this summer.  In fact, Governor Cox has stated that about 90% of the State is experiencing extreme drought conditions.  When that happens water restrictions can go into effect by executive order.    This poses the question, even though it is your property can you be charged criminally for not complying with water restrictions?  The short answer is yes but depends on local ordinances.
Watering times amounts used and duration can all be restricted.  Be sure to check your local rules and regulations prior to turning on your water as different areas can have different restrictions.  For instance, in some areas, repeat offenses can lead to offenders losing their secondary water rights.  In May 2002, the City of Sandy put a water restriction of no sprinkler irrigation between the hours of 10:00 a.m. to 6:00 p.m. seven days a week.  The City of Sandy could charge offenders with a Class C misdemeanor, a fine of up to $750.00, and 90 days in jail.  Obviously, this is extreme, but please be mindful of restrictions as they most likely will go into place this year, and take effect earlier than normal.  During that same year, Eagle Mountain residents were asked to stagger watering every other day but there were no penalties in place for residents who offended this rule.
Likewise, infractions can also be charged to property owners who do not properly maintain their yard.  In North Salt Lake, for example, you can be charged with an infraction for allowing weeds to grow higher than six inches.  You can also be charged for failing to remove unsightly objects.  The reasoning behind this is due to the fact that uncontrolled weeds can be a fire hazard.  It may also be a nuisance to neighbors and can devalue not only your property but surrounding properties.
If your neighbor does not care for their property, can you take matters into your own hands?   Typically not.  For example, if your neighbor’s tree is growing over your property line, you can most likely trim the tree up to the property line, but not over it.  If your neighbor has a tree that blows needles or leaves all over your property are they responsible to clean it up?  The answer to this question is no per the Utah Supreme Court ruling of 1954 in Cannon v. Neuberger, 1 Utah 2d 396, 268 P.2d 425, (1954).
If you have questions regarding your legal rights pertaining to your yard, or perhaps you have been charged with an infraction, give one of our legal professionals a call to discuss the issues further.
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