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Utah Criminal Defense Law Blog

When does the Fourth Amendment protect against Utah searches?

In order to bring drug charges, police must have evidence of drug possession. This means that they actually have to find drugs in a person's possession as evidence that a crime had occurred. To do this, police will often search people and their belongings.

Under the Fourth Amendment of the United States Constitution, Utah residents are protected from unreasonable searches and seizures by governmental officials. Generally, a search is unreasonable if it is conducted in a place where people have a legitimate expectation to privacy. The definition of a reasonable search is very complicated, and many exceptions exist to the general rule. Therefore, those facing charges for drug possession need to have a basic understanding of what is and is not allowed under the law.

What are the time limitations on Utah sex crime charges?

Recently, this blog discussed a case where a Utah man was arrested in another state on sex crime charges in Utah. In this case, the charges were several years old, but the man was still arrested and going to be tried in Utah on the crimes. This case could lead you to wonder -- how long can prosecutors pursue charges against those accused of sex crimes?

Under Utah laws, this question depends on the specific charges that are brought against a person. Under Utah Code section 76-1-301, many sex crimes -- including aggravated sexual assault, sexual abuse of a child, forcible sodomy, rape and others -- have no time limitations. This means that prosecutors can bring charges against a person at time after the commission of an alleged crime.

Man accused of sex crimes in Utah found after 2 years

Authorities have tracked down and arrested a man accused of sex crimes. This man has supposedly been on the run from authorities for the last two years. Reports claim that the man has been suspected of aggravated sexual abuse of a child since 2012. Details about why the man faces these charges are unknown.

However, authorities claim that he was found in a nearby state and arrested at his workplace. Police allege that the man may have committed similar crimes in the area where he had been living since fleeing Utah. The man will likely be extradited to Utah to face criminal proceedings on these charges.

What are the requirements for a valid breath test in Utah?

When Utah police suspect that a person has been driving under the influence, they must have proof in order to make an arrest. One common test that police use is a breath test. This test measures the person's blood alcohol content level to determine if it is above the legal limit or not. However, if the test is not used correctly then the results can be affected and a person could be wrongly accused.

Under Utah Administrative Code R714-500-7, analytical results of breath alcohol concentration tests will only be valid if certain requirements are met. Under this rule, the person administrating the test must by a certified operator or technician. Under Administrative Code R714-500-8, this means that the officer must have completed at least eight hours of training on DUI laws, the effect of alcohol on a person's body, how the breath test works. The officer must also perform several simulated tests. This certification must be redone every three years in order to be a certified operator.

Failed sobriety test results in charges for Utah man

A field sobriety test is often used by police officers to determine if people are under the influence of drugs or alcohol while they are driving. During the test, the officers will have the person perform a number of physical and mental tests to determine possible impairment. These can include having a person stand on one foot, walk in a straight line and others. If a person fails a field sobriety test, police may have the probable cause they need to make a drunk driving arrest or administer a blood alcohol content test. Utah police claim that one man recently failed a field sobriety test prior to his arrest for DUI. In this case, police officers claim that they were alerted to an accident that had occurred on Interstate 15. According to officers, a man was driving a Ford F-150 when he lost control of the truck. The truck left the roadway and hit a traffic sign before coming to a stop. Police allege that following the accident, they became suspicious of the man's behavior. The man consented to the field sobriety test, police claim, and failed. He was then taken to a local hospital for a blood test and arrested on several criminal charges including DUI. His bail was set at $1,950.

Field sobriety tests must be completed accurately according to standardized guidelines in order to be admissible. If police make mistakes while giving these tests, the evidence may not be used in court. In these cases, the accused could see their charges dropped. Therefore, it is important for those facing DUI charges to ensure that any tests -- including a field sobriety test -- are performed accurately by police.

Drug trafficking charges filed against Ogden man

Many people understand that it is illegal for Utah residents to use, possess or sell illegal drugs like marijuana, cocaine or heroin. However, it is also illegal for people to sell or use prescription drugs without a prescription from a licensed doctor. The penalties for selling prescription drugs are similar to selling any other type of illegal drug and can be severe.

Recently, a Utah man was arrested on drug trafficking charges after police claimed that he was selling prescription drugs illegally. Police claim that the 24-year-old man was subject to a police investigation led by the Weber-Morgan Narcotics Strike Force, the Weber County Sheriff's Office, the Ogden Police Department and the FBI. According to police, they used a wiretap to monitor 18 different deals between the man and others over a two week period.

Man accused of sex crimes asks Utah court to change venue

Sex crimes are often subject to aggressive prosecution in Utah. Because of the nature of the crimes, people are often harshly judged from the moment allegations of sex crimes arise. Prosecutors want to take these crimes seriously and are often willing to "throw the book at" those accused of sex crimes. Furthermore, the local and national news media often picks up these stories and further sensationalizes them.

This sort of treatment can make it very difficult for those facing allegations of sex crimes -- including charges for child molestation or rape -- to get a fair trial. However, it is everyone's constitutional right to have fair and unbiased criminal proceedings. In cases of sex crimes, people need to fight to make sure this happens, and to give themselves the best opportunity to fight the charges.

Utah man faces homicide charges for murder of ex-wife's husband

When a suspect is accused of a serious crime, they could suffer great damages to their personal and professional reputation. Facing criminal charges also means the possibility of enduring penalties if they are accused. Being allegations also carry a damaging effect, it is important that the accused understands their rights and how to initiate a defense strategy.

After Utah authorities responded to a fatal shooting in Lindon, a 59-year-old man was taken into custody. The man was accused of shooting his ex-wife's new husband. Because the ex-spouses have a history of ongoing domestic violence even following their dissolution, police believe her ex is the leading suspect for the homicide.

St. George woman arrested after drug located in car

When an individual is suspected of a crime, police officers will have a warrant issued. This will allow them to search that individual's person, vehicle or home. Furthermore, this step could result in the arrest of the suspect if certain evidence is uncovered. If drugs are found on them or inside a vehicle or home, they could receive a charge for drug possession. Drug charges often mean serious penalties, so it is important to understand the situation so they could make a defense strategy.

The Washington County Drug Task Force recently served a St. George woman with a search warrant. This resulted in her arrest and a charge for drug possession. According to preliminary reports, the 28-year-old woman was served a warrant to search her vehicle in the Smith's parking lot in St. George. The search uncovered heroin, methamphetamine, Alprazolam and various items of drug paraphernalia.

Man faces charges following DUI accident in Salt Lake City

When authorities stop a driver or arrive at the scene of a crash, there are various steps they need to take in order to establish the cause of the incident or cite a driver for a traffic violation. If an officer suspects that a driver is intoxicated, they could ask the driver to go through a series of tests. Depending on the results of a field sobriety test and even a blood alcohol test, the driver could face an arrest and a DUI charge,

Authorities in Salt Lake arrested a 44-year-old West Valley City man for driving under the influence. This occurred after the driver was involved in an accident that resulted in the death of a 79-year-old man. Moreover, authorities believe that the suspected drunk driver caused the fatal hit-and-run accident.



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Greg Smith and Associates, Attorneys & Lawyers, Salt Lake City, UT

Greg Smith & Associates, Criminal Law Attorneys
2150 South 1300 East :: Salt Lake City UT 84106
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Telephone:
801-364-6454
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Greg Smith & Associates, Criminal Law Attorneys
8813 South Redwood Road C-2 :: West Jordan UT 84088
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Telephone: 801-924-4934 :: Fax: 801-255-2134 :: West Jordan Law Office Map :: E-mail the firm

Greg Smith & Associates, Criminal Law Attorneys
1960 Sidewinder Dr #214 :: Park City UT 84060
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Telephone: 435-640-5662
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Greg Smith & Associates, Criminal Law Attorneys
2510 Washington Boulevard :: Ogden UT 84401
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Telephone: 801-866-7733 :: Ogden Law Office Map :: E-mail the firm

Red Cliffs Professional Park :: 321 N. Mall Drive :: Building R ::
St. George, UT 84790 :: Telephone: 435-773-1511 :: Red Cliffs Office Map :: E-mail the firm

South Jordan Executive Center :: 10808 S. River Front Parkway ::
Suite 300 :: South Jordan, UT 84095 :: Telephone: 801-803-0774 :: South Jordan Office Map :: E-mail the firm

Executive Offices of Murray :: 999 E. Murray Holladay Rd. ::
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Richfield Location ::167 North Main Street :: Richfield, UT 84701 ::
Telephone: 435-633-1876

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