Several years ago, the Utah Controlled Substance Database was created to track the prescriptions filled by every pharmacy in Utah. The reason the database system was created was to identify doctors and patients who are overusing, abusing or overprescribing prescription drugs. Law enforcement officers, doctors and pharmacists are the only agents who have access to the database.
In a recent case, a couple - both of whom have criminal records - had prescriptions for pain killers. A former police detective, identifying them as prescription holders, allegedly singled them out as targets for his own drug crimes.
]]> The detective entered their home in full uniform, flashing his badge and ordering a "pill count." The two had no choice but to let him in, where he allegedly stole their painkillers. After several visits from the same man, the twosome set up a hidden video camera and recorded a visit, providing proof to investigators of the theft.The ex-detective is under investigation for burglary but has not yet been charged. The two from whom he was allegedly stealing are suing the state and the city for allowing improper use of the database and for violation of their Fourth Amendment rights. The state agency that maintains and operates the database noted in a press release that a person found guilty of unauthorized use of information in the database may be charged with a third-degree felony.
Source: Vernal Express, "Ex-cop accused of drug theft," Geoff Liesik, April 25, 2012.
]]>An investigation into the matter was started when a source outside of the jail reported the sexual abuse. Investigators then questioned the inmate and a number of criminal charges were ultimately brought against the former deputy sheriff.
]]> The guard was charged with counts of "deprivation of rights under color of law," charges reserved for prosecutors, judges and members of law enforcement agencies who abuse their authority. If the guard is held guilty of the crimes he is charged with, he may face life in prison and a fine of $250,000.But the legal action does not end there. The female inmate is also seeking civil damages against the deputy and prison officials. Her complaint states that the actions of the deputy violated her rights under the Fourth Amendment, Eighth Amendment and Due Process Clause of the U.S. Constitution. She further alleges that the deputy's conduct amounts to assault, battery, and intentional infliction of emotional distress.
The inmate's complaint also names the county and sheriff's department, asserting that proper safeguards were not in place to protect inmates from such conduct. Possible safeguards include monitoring devices and mechanisms, and policies and procedures that aim to prevent and reveal misconduct by prison guards.
Prison officials state that they have reason to believe that the complaints are true. Since the investigation began, another female inmate has also come forward with similar charges against the same prison guard.
Source: The Salt Lake Tribune, "Ex-Wasatch County jailer pleads not guilty to sex assaults on inmates," Melinda Rogers, April 25, 2012.
]]>On January 2, 2010, Utah Highway Patrol (UHP) Trooper Lisa Steed stopped Theron Alexander's vehicle allegedly because his license plate was not illuminated. She claims she then found that Alexander was driving impaired and arrested him for DUI.
Alexander's attorney, however, says Steed's traffic stop was unlawful and argues that, according to the trooper's dashboard video, Alexander's license plate was indeed illuminated and therefore he should've never been pulled over. He also claims that Steed made contradictory statements about whether Alexander's pupils showed signs that he was driving under the influence of alcohol and that she has also suppressed evidence in his client's case.
]]> As a result, Alexander's attorney has requested to have access to Trooper Steed's personnel files - which include information such as disciplinary action that may have been taken against the officer, as well as notes from the officer's investigations.And, last month, the Third District Court Jude Mark Kouris granted the request and ordered the UHP to hand over Steed's personnel file as requested.
The ruling could potentially help Alexander's case as well as 30 other DUI cases in which Steed was involved.
Despite past praise for her service - such as being awarded UHP Trooper of the Year in 2007 - this is not the first time that Steed has been accused of using questionable methods when making an arrest. In fact, in one case, UHP paid a defendant $40,000 because Steed used a Taser on him during a traffic stop.
However, the UHP argues that releasing Steed's personnel file could "have a chilling effect on the UHP's ability to perform disciplinary investigations in the future."
However, Alexander's attorney says that, "the public has a great interest in having honest law enforcement officers, and a correspondingly great interest in disclosure of evidence that a law enforcement officer is not honest."
Source: http://www.sltrib.com/sltrib/faith/53373462-78/steed-file-trooper-alexander.html.csp
]]>Police arrested the student and his alleged accomplice after another student at the school informed law enforcement authorities about the alleged plot to blow up the school during an assembly.
Prosecutors are seeking to try the accused teen as an adult. A judge has set a hearing date in May to decide whether to allow this.
]]> Trying Juveniles as Adults in UtahThis case brings forth the question of when minors, who would normally be rehabilitated through the juvenile justice system, can be tried as adults. In Utah, it is possible for teens as young as 14 to be tried as adults. Utah has three main processes of trying juveniles as adults:
Under the direct file method, teens aged 16 or 17 will automatically be tried as adults in Utah if they are charged with murder or aggravated murder. Teens in this age will also be automatically tried as adults if they had been previously committed to a secure facility - a facility that give 24-hour supervision for youth offenders - and are accused of an felony offense.
If a 16 or 17 year old teen is charged with any felony that is listed in the Serious Youth Offender Act, he or she can be tried as an adult. Teens charged with an offense under this act appear in juvenile court for a hearing. If the prosecutor can show that there is probable cause that the crime was committed by the teen, the case is transferred to the district court and the teen is tried as an adult.
Finally, it is possible to try a teen as an adult in Utah if the teen is between 14 and 18 years of age and is accused of committing a crime that would be a felony if it were committed by an adult.
Like the serious youth offender process, the case is sent to juvenile court and the prosecutor must show probable cause that the teen committed the crime. In addition, the prosecutor must show that it would be contrary to the interests of the child or society for the juvenile court to try the teen. If the judge finds in favor of the prosecution, the case is transferred to district court and the teen is tried as an adult.
Understanding the juvenile process in Utah is important for any juvenile and his or her parent or guardian. There is a lot at stake. A teen could face a whole host of repercussions-both short term and long term-if tried as an adult.
]]>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.
]]> Reasonable SuspicionTo stop a vehicle, the Highway Patrol or Sheriff's Deputy needs only to observe any violation of a traffic law or vehicle condition. If you never speed, change lanes suddenly, always use your turn signals and observe the dozens of traffic regulations that apply to driving, you need not worry.
But any police officer will tell you, even a good driver, if watched long enough, will commit some minor infraction that would supply an officer with the legal justification they need to perform a traffic stop.
So, you are watching the red lights flashing in your rear-view mirror. What do you do now? Mind your manners. Greet the officer politely, provide your license and registration and limit your small talk. The less you say, the less potential material available to use against you in court.
While the police may ask you broad questions, you are not required to answer. Again, politely decline and ask for your ticket. You don't have to tell the officer the purpose of your trip or grant permission to search the vehicle.
If they are planning to arrest you, you are never going to talk your way out of it; it is best to simply request to speak with an attorney before you answer any of their questions.
Remain Silent
This is especially true if you believe you have done nothing wrong. By speaking with the police, you can only say something inadvertently that could allow the police to implicate in the charges.
Let your attorney do your talking.
Source: http://boingboing.net/2008/07/28/law-prof-and-cop-agr.html
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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.
]]> Who is Eligible for School or Work Release in Utah?Under Utah law, misdemeanor offenders may be allowed to participate in a school or work release program so long as a judge has not issued an order prohibiting them from participating. Felony offenders are allowed to participate only if school or work release is part of their probation agreement.
In order to participate, the offender's county jail or detention facility must have an active school or work release program. Not all counties offer these programs. If you are interested in a school or work-release program it's important to discuss this with your attorney well before your DUI sentencing.
Depending on the county, offenders may be released to work at a job they currently hold, to look for a new job or to attend an educational institution. In many counties, jail supervisors get to select which individuals are eligible for school or work release.
The exact procedures for school and work release programs differ from county to county. Generally, participants must inform jail supervisors of their work schedule and contact information and allow jail supervisors to stop by the worksite for compliance checks. Many counties also require a participation fee.
Usually, participants are allowed to bring their own clothes and shoes into the jail. In many cases, they are also allowed to drive their own vehicles to and from work.
School and work release is just one way to protect your future after a conviction for DUI or another crime. If you are facing criminal charges, contact an experienced Salt Lake City criminal defense attorney who can help you understand all your options.
Source: http://www.duifoundation.org/legalguide/sentencingalternatives/workrelease/
]]>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.
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.
]]> An Internet Protocol address (more commonly known as an IP address) is a number assigned to each device in a given computer network. Devices in the same network that use the Internet Protocol to communicate (a computer, printer, etc.) are connected to the same IP address.When you visit a website, your IP address is used to identify you so that the site knows where to send its pages. It is relatively easy for police to check a website's log to see which IP addresses content has been delivered to. Then, it is a simple matter of tracking the IP address to an internet provider and finding the person the specific IP address belongs to.
The U.S. Supreme Court has decided that the First Amendment prohibits states from making private possession of obscene material in the home a crime. However, states like Utah, for example have found ways to still pass pornography laws. In Utah, it is illegal to create, transport or distribute any type of pornography.
Suspicion can fall on an individual in many ways, from clicking on the wrong site to getting tagged in an online police sting operation. But, however it happens, once police have probable cause (a belief based on facts that can be articulated) of a crime, they can usually seize all of that person's electronic technology, including items like computers, cell phones, laptops and blackberries. Even if charges are ultimately dropped, they are unlikely to get the items back.
The penalties for violating online pornography laws in Utah can be harsh and include fines and jail time. If the offense involves a minor engaged in sexually explicit conduct, the penalties are even more severe. For a federal offense, individuals convicted of viewing child pornography can expect to face a five-year prison sentence. If caught distributing-a 15-year-sentence.
Additionally, those convicted also face a myriad of indirect consequences that can and will follow them for life. If you are being investigated for pornography possession, contacting a Salt Lake City criminal defense lawyer is recommended.
Source: http://www.newscientist.com/article/dn16680-porn-in-the-usa-conservatives-are-biggest-consumers.html
]]>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.
]]> How the Government Gets, and Keeps, Your PropertyA reasonable belief based on facts that can be articulated (a standard known as "probable cause" in the courtroom) that items have been involved in a crime is all it takes for officers to rightly confiscate any piece of property.
As an illustration, imagine that an officer pulls a car over for a routine traffic offense, like speeding. During the course of the stop, the officer smells what he believes is recently burned marijuana. He also notices a precision measuring scale and an envelope with cash spilling out on the passenger seat. While the officer might not have enough evidence to arrest the driver, he may have probable cause to seize the scale and envelope as possible instrumentalities of a drug deal.
Of course, there could be perfectly innocent explanations for what the officer observed. But, it is difficult to prove cash was obtained legitimately, and once property has been seized, getting it back can be next to impossible without the help of a skilled Salt Lake City asset forfeiture lawyer. To hang on to your property (and eventually sell it at a profit), the state must only show it is more likely than not (a preponderance of the evidence standard) that the property was involved in a crime. This is a far lower burden of proof than that required to secure a criminal conviction, and is typically not a difficult standard for prosecutors to meet.
Because seized property is sold to augment the public coffers, civil forfeiture has been widely criticized as a revenue-raising ploy artfully disguised as a crime fighting tool. Indeed, Utah has contributed substantially to the 250 percent rise in the total value of forfeited items reported by the Justice Department between 2003 and 2010.
In 2010 alone, Utah forfeitures totaled $2.08 million. For the time being at least, forfeiture does not appear to be going anywhere in the Beehive State, to the detriment of Utahans caught in the wrong place, at the wrong time, with the wrong property.
Source: http://www.deseretnews.com/article/705392719/Utah-forfeitures-totaled-208M-in-2010.html
]]>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.
]]> Popular Club Drugs, Consequences of UseOne Salt Lake City drug crimes attorney says that a drug conviction is nothing to take lightly. It brings strict consequences like fines and jail sentences, but it also brings indirect consequences. Loss of future employment opportunities, including the loss of a professional license, the inability to possess a firearm and disqualification of voting privileges are just a few.
Source: http://www.emedicinehealth.com/club_drugs/article_em.htm
]]>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.
]]> The Utah's New LawIn addition to banning daily drink specials and limiting the number of new bar and club licenses, the new law also states:
Source: http://www.nytimes.com/2011/07/20/us/20liquor.html?_r=1
]]>Some of these circumstances include:
Particular officials will also be able to access expungement records. Some of these include:
Individuals in Utah interested in learning about whether their expungement is "completely" sealed should consult with an experienced Utah expungement attorney. A lawyer can assess the particular situation and circumstances.
]]>Defendants may not get a certificate of eligibility for expungement of conviction records if any of the following conditions exist:
Ten years for certain drunk-driving
and drug-related convictions
Seven years for felonies
Five years for class A misdemeanors
Four years for class B misdemeanors
Three years for any other misdemeanors
or "infractions"
Finally, Utah limits expungement opportunities for repeat offenders if the petitioner's criminal record, counting expunged convictions, includes multiple convictions of certain crimes in differing levels of severity from what's referred to as "separate criminal episodes."
To learn more about expungement eligibility and whether your circumstances apply, consulting with an experienced Utah expungement attorney is advised.
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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.
]]> Issuing a Certificate of EligibilityThe BCI reviews the petitioner's record by checking state and federal databases for criminal records related to the petitioner (including already expunged records). If, after reviewing, the bureau finds that the petitioner is eligible for expungement, the agency issues a certificate of eligibility that is good for 90 days.
Within those 90 days, the petitioner must file the certificate and a petition for expungement with the court where the original case was heard. (If there was no proceeding, the petitioner must file in the state district court in the district in which he or she was arrested.)
Petitioner must also notify the prosecuting attorney in the original matter. (So the prosecutor can notify any victims involved). If there was no legal proceeding, the county attorney in the county of arrest must receive notice. Also, the court may request feedback and information from the Division of Adult Probation and Parole of the Utah Department of Corrections.
Either the prosecuting attorney or victim of the crime can protest the request and submit either recommendations or objections to the court. If an objection is made, the court must hold a hearing at which anyone with important knowledge may testify. If no objections are received the court may decide on the petition without testimony and issue the order of expungement.
If the petitioner is granted an expungement by the court, he or she is responsible for delivering certified copies of the court order to any state entity or official that has related records so they can be sealed. These may include the court, law enforcement, corrections and the BCI. Only the agencies that receive copies will seal the petitioner's records.
The procedural requirements for obtaining an expungement in Utah are complex and necessitate a number of requirements. Hiring an experienced Utah expungement attorney to ensure all obligations are met is vital.
]]>In the 1950s, professional circles in the U.S. began discussing the concept of expungement - the elimination (usually by destruction or sealing) of a particular criminal record or conviction to allow defendants to live as if the crime or arrest had never happened.
This is important simply because criminal records can stand in the way of getting a job, an education, or renting a place to live.
]]> The Utah Expungement ActIn 1978, Utah passed its first expungement laws. Initially, the Utah expungement process was generous and lenient, with expungement being relatively easy to get for a broad class of criminals. However, the Utah Expungement Act has been since amended and today is a bit more rigid.
Today, adults in Utah may petition to expunge - Utah's choice is to seal - both criminal records where there was no conviction (arrest, investigation and detention, collectively "arrest records"), or conviction records (after trial, or after pleading guilty or no contest).
Presently, defendants are potentially qualified for a certificate of eligibility for expungement of arrest records where there was no conviction if all of the following conditions are met:
Defendants are "entitled" to a certificate of eligibility for expungement of conviction records for any crime pardoned by Utah Board of Pardons and Parole.
If you or someone you know has a Utah criminal record and would like to explore whether expungement of the arrest or conviction is possible, consulting with an experienced Utah criminal defense attorney is recommended. Your lawyer can review the facts of the situation and talk with you about options available under the law.
]]>The scheme operation conducted by former stock broker Bernie Madoff, who defrauded investors of $50 billion, is historically to date the most well-known. The investment firm, Bernard L. Madoff Investment Securities LLC, was founded by Madoff in 1960. In the fall of 2008, the company had acquired over 4800 clients and accountability to these clients totaled $50 billion.
Madoff pleaded guilty to operating a massive investment fraud scheme and was sentenced in 2009 to 150 years in prison.
]]> Another high-profile Ponzi scheme involved former stock brokers Edward A. Allen and David L. Olson who headed the investment firm World Group Securities. In May of last year, the two were charged with operating an illegal Ponzi scheme that netted them almost $15 million between September 2005 and December 2008. Both received 30 year prison sentences.In March of this year, the SEC targeted Mike Watson Capital, LLC, a Utah-based company. The investment firm is reported to have generated almost $30 million from over 100 investors.
According to the U.S. Securities and Exchange Commission, 47 enforcement actions were filed against Ponzi schemes or "Ponzi-like" schemes in 2010. And, more are seemingly to come.
Due to the penalties associated with these types of activities, seeking the help of an investment fraud attorney is recommended.
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