While certainly an animal advocate and lover, I cannot say that snakes are an animal I would want to own. That said, this is not about whether or not snakes make great pets. Instead, I thought it interesting to talk about the laws and ordinances associated with owning animals, especially exotic animals. In the story I am referencing, the individual was charged with (among other charges for items found in his home) 10 counts of possessing an exotic animal without a permit and ten counts of possessing a dangerous animal without a license.  

I hypothesize that I would be shocked to learn the wide range of pets people own. Each state has its laws in place regarding owning exotic animals, and Utah is no exception. However, in addition to the state laws, you must also be aware of the rules and regulations. Cities may have different rules and regulations than the state does. Cities also have specific authority and regulations regarding the number of animals you may own, including domestic dogs and cats. Generally, all cities require you to license both your domestic and exotic animals but owning an exotic animal may require you to obtain special licensing or permits. 

Utah Code §23-20-25 outlines the exhibition of a license, permit, tag, or device required in Utah. Violation of this code results in a misdemeanor. 

Utah’s Administrative Code governs administrative rules. As it pertains to this subject, Rule R657-3 governs the Collection, Importation, Transportation, and Possession of Animals. R657-3(2)(a) states:

A person may import or possess a live animal or parts classified as non-controlled for commercial use or a commercial venture. Except for native or naturalized animals, animals may not be sold or traded unless they originate from a captive-bred population.

Utah has specific rules regarding certificates of registration as to reptiles and amphibians. These rules are found in Utah Administrative Code R657.35. The Utah Division of Wildlife Resources also has a “Utah Reptiles and Amphibians Online Guide Book,” which provides information and guidance on this subject. Before considering ownership of an exotic reptile or amphibian, I recommend spending time reading the Online Guide Book as the website outlines new rules issued in 2020.      

A common condition for parole or probation.

It is important to remember that these terms are designed to show the court that you want to rehabilitate yourself. With that being said, some terms of probation or parole can be complicated to follow.

Standard Terms

As the name implies, these are conditions imposed on almost every term regardless of the length. This usually includes mandatory meetings, lessons, or therapies designed to convicted people deal with substance abuse or grow as individuals. You are also subject to warrantless searches in that same vein should your parole, or probation officer deems it necessary. Most of the time, it will also be mandatory that individuals abstain entirely from alcohol and illicit drugs of any kind.

The terms of any given sentence may also include items specific to the nature of the crime. For example, in DUI criminal cases, an interlock breath analyzing system must be placed in your car for the vehicle to start. Or perhaps it will be necessary to adhere to any restraining orders during a domestic violence situation.

What can be done if you are charged with violations?

The reality is that the punishment for violations is often more severe than the original crime. This is because judges and the legal system tend to take offense to what they view as a wasted second chance. In many cases, jail or prison time is automatically placed back in order with extra time. If you or a loved one is dealing with a parole or probation violation in Utah, it is important to have an experienced defense attorney on your side. It is in your best legal interest to have someone build a strong case to defend your alleged actions (or lack thereof). If you would like to speak to a Salt Lake City area attorney, call our office today at 801-987-8409.[/vc_column_text][/vc_column][/vc_row]

What are the types of gun violations?

There are countless situations in which a weapons offense can occur. Here is a shortlist of typical cases we see at our firm.

1. Using a weapon while carrying out another crime. This can include carrying a firearm while committing a robbery or having a gun on your person while buying or selling drugs.
2. Having a gun in an area where there is a strict restriction. This includes having a weapon on your person or in your vehicle while at the airport or a school. An experienced weapons defense attorney can help analyze your case’s details to help minimize the charges you may be facing.
3. Improper discharge of a firearm. One example of this is that Utah makes it illegal to discharge a gun while in a vehicle. This is true even if no one was hurt or placed in immediate danger. Charges for these infractions can be quite severe whether or not it was intentional or an accident.
4. Brandishing a weapon or reckless endangerment. A wide range of situations can constitute a violation of these restrictions. Generally, when standard safety regulations have been violated, people are liable to be charged with a gun-related endangerment crime.

Should I consider hiring an attorney?

Whenever you have been charged with a crime, knowledge, and information is your best friend. Gun offenses are serious, and it is not something you should face alone. That is why our lawyers are happy to offer a case review. During this meeting, you will understand where you are in the eyes of the law. This includes the potential charges and punishments you face and what can be done to reduce your charges or potentially have them dropper. If you are a resident of Salt Lake City, don’t face a weapons charge by yourself. Contact our office at 801-987-8409 to speak with an attorney or legal professional.[/vc_column_text][/vc_column][/vc_row]

Violating your probation or parole is a severe thing to do, and sometimes, people violate parole or probation without even knowing they were committing a violation. Some common ways that parole and probation can be violated include: being charged with another crime, positive drug test results, failure to report to a probation/parole officer or treatment program, substance use or abuse in violation of your probation/parole, failure to complete Court-ordered community service, and failure to pay restitution or fines.

Regardless of whether it is probation or parole that is concerned, breaking either will garner penalties for the offender, some of them severe. A probation violation, if you are convicted of it, can result in a loss of probationary status, and you can be remanded into prison to serve the time that was initially yours. A conviction for a parole violation can also send you right back to prison.

Typically, the standard for conviction in criminal cases is that the judge and jury must be convinced of guilt ‘‘beyond a reasonable doubt’’. However, in parole/probationary violation hearings, the judge is held to a much lower standard – they are allowed to be convinced by a ‘‘preponderance of evidence’’ instead of ‘‘beyond a reasonable doubt’’. What needs to prove that your violation was done willfully and knowingly – if the offense is proved to be inadvertent, or perhaps trivial, the case will usually be dismissed.

No matter what charges you may be facing, we at the Ault Firm can help you. We have years of experience in dealing with these cases, and we can help get your charges dropped. Call us today for a consultation at (801) 539 – 9000.

(See our webpage for more information on probation and parole violations.)