Salt Lake City Criminal Law Blog

It is not an accident of history that Promontory Point, the location of first transcontinental railroad-is in Utah. From Chicago and the east coast, on to California, Utah is a natural crossroads. And it's no accident that Interstates 70 and 80 pass through Utah.

I-80 essentially follows the route of the Union Pacific railroad from Nebraska, through the Wyoming, down across Utah and on to Nevada and California. I-80 is a busy interstate, even in remote sections of Utah, carrying thousands of cars and trucks across the state every day.

Because of all this traffic, some say that police know to target out-of-state vehicles, looking for those potentially transporting drugs into the state of Utah. I-70 from Denver, I-80 from Wyoming, and I-25 from Las Vegas, provides thousands of cars to choose from every day.

A DUI conviction can wreak havoc on a person's life. In an addition to legal fees, a conviction often brings hefty fines that can be very difficult to repay. If the offender is sentenced to jail, the problem becomes worse-work or school will have to be put on hold until the sentence is complete, making it even harder to regain a secure financial footing.

There is another way-some drivers convicted of driving under the influence in Utah may be eligible for school or work-release program. These programs allow convicted criminals to continue their gainful life activities while serving their sentences. However, one Salt Lake City criminal defense attorney says that participation in school- or work-release programs isn't cut and dry and always requires a judge's approval.

Despite a study from Harvard Business School that found Utah residents are the top per capita subscribers to adult online content, the state has some of the toughest internet pornography laws in the country. Substantial Utah law enforcement resources have been dedicated to detecting illegal pornography activity on the internet, particularly when it comes to child porn.

Because of the aggressive approach to these types of crimes, it's important for Utah residents and those accused of online sexual misconduct to understand the repercussions in Utah for a sex crimes conviction.

How Police Quickly Track Down Internet Users

Some internet users may be surprised to discover just how quickly law enforcement authorities can track down individual web users. Not only that, they may be startled to know that their electronic equipment can be seized under the law based on a minimal level of suspicion.

The Fifth Amendment to the U.S. Constitution states in part that no person shall be deprived of property "without due process of law." Just don't think this will keep an honest officer from walking off with that envelope of cash sitting on your passenger seat.

What Can Be Forfeited?

Criminal forfeiture involves government seizure of property as part of a sentence following a conviction in court. Utah's civil forfeiture scheme, on the other hand, requires no criminal conviction, nor even suspicion that the property owners themselves directly engaged in wrongdoing.

Sometimes, the items taken in forfeitures are contraband (property that is inherently illegal to possess). Items in this category may include illegal drugs, certain types of weaponry or stolen property. But, in many instances, officers confiscate completely innocuous items - like cars registered in the driver's name, tools, even real estate - on the belief that they have been used in some criminal enterprise.

Drugs have been around for years and it seems each new generation of teens attaches themselves to the latest "club drug." With each new wave of drugs come new regulations, fines and jail sentences for those caught possessing, distributing or manufacturing these types of drugs. For teens, this could mean potential lifelong consequences.

The phrase "club drug" originally came from the rave era when teens frequented underground night clubs fit with techno music, vigorous dancing, strobe lighting and drug use. Raves are still popular today, but even teens who don't necessarily frequent clubs are experimenting with club drugs.

A law that took effect on July 1, 2011, further limits the manner, time and place of Utah alcohol consumption. The bill, however, faced opposition before it took effect and continues to face challenges. The Department of Alcoholic Beverage Control opposed the bill and urged Governor to veto it and members of the Utah Hospitality Association have filed a lawsuit under the Sherman Anti-Trust Act.

Among its provisions, the new law bans bars and restaurants from having daily drink specials and limits the number of liquor licenses that are available to bars and clubs. By law in Utah, the number of new club licenses issued is tied to population growth. Utah, in recent years, has grown more slowly than forecasted and it must grow by more than 93,500 before new licenses will be issued. After that growth is met, a growth of 7,850 people will be required for each new license issued.

Sen. John Valentine (R-Orem), the sponsor of the new law when it was introduced before the Utah Legislature, said that after reading a number of studies his policies (set forth in the bill) would be beneficial for the citizens of Utah. Sen. Valentine, however, did not submit any studies supporting his policies when he introduced the bill.

Obtaining an expungement in Utah can be extremely valuable. Individuals who are granted an expungement for a particular crime is not held back from obtaining a job, seeking education, getting a place to live or simply being a productive member of society. Unfortunately, however, individuals should understand that certain crimes are never "completely" erasable.

Not every person, unfortunately, can obtain an expungement in Utah. Understanding the circumstances when an expungement will be granted is important.

Defendants may not get a certificate of eligibility for expungement of conviction records if any of the following conditions exist:

• The conviction in question was for a capital felony, a first-degree felony, a violent felony, an automobile homicide, certain drunk-driving felonies or sex crimes requiring public registration
• The defendant has a pending criminal proceeding or investigation in any jurisdiction
• The defendant intentionally gives false information on the application

After determining an initial eligibility for an expungement, an individual needs to jump through a few legal hoops to get the expungement approved. The following is an overview of these requirements:

Completing a Utah Expungement

First, an individual (now known as the petitioner) must petition the Bureau of Criminal Identification of the Utah Department of Public Safety to obtain a certificate of eligibility to expunge his or her arrest or conviction record.