Areas of Practice

Criminal Defense

  • Criminal Defense
  • Criminal Defense Trials
  • Juvenile Court Criminal Defense Trials
  • Drug Court
  • Assault
  • Domestic Violence
  • Protective Orders
  • Cohabitant Abuse
  • Criminal Trespass
  • Firearms violations
  • DUI
  • Open Container
  • Underage Consumption
  • Prescription Medication DUI
  • Drunk Driving
  • Public Intoxication
  • Narcotics
  • Controlled substances
  • Marijuana possession
  • Cocaine possession
  • Methamphetamine possession
  • Heroin possession
  • Drug Paraphernalia
  • Obstruction of Justice
  • Witness Tampering
  • Wildlife Violations
  • Willful and Wanton Destruction of Wildlife
  • Hunting Violations
  • Poaching
  • Cropland Depredation Permit Violations
  • Bear Baiting Violations
  • Bear Hounding Violations
  • Kidnapping
  • Theft
  • Retail Theft
  • Shoplifting
  • Unlawful Use of Financial Card
  • Unlawful Use of ATM Card
  • Accomplice Liability
  • Extortion
  • Fraud
  • Embezzlement
  • Forgery
  • Sex Crimes
  • Rape
  • Lewdness
  • Unlawful sex with 16 or 17 year old
  • Sexual assault
  • Pornography
  • Kidnapping
  • Securities Fraud
  • Utah District Courts
  • Utah Justice Courts
  • Utah Juvenile Courts
  • Utah Court of Appeals
  • Utah Supreme Court
  • Wyoming District Courts
  • Wyoming Juvenile Courts
  • Wyoming Supreme Court
  • Division of Family and Child Services (DCFS)
  • Child Protective Services (CPS)
  • Adult Protective Services (APS)
  • Member, National Association of Criminal Defense Lawyers
  • Member, Utah Association of Criminal Defense Lawyers

Child and Family Services

Utah's Division of Child and Family Services (DCFS), and is minion, Child Protective Services (CPS), is growing more powerful by the day. With its own investigators (and police officers and detectives as backup and partners) DCFS and CPS terrorize law abiding parents and juveniles on a regular basis.

DCFS case workers and investigators encourage citizens not to retain attorneys, telling parents that they don't need an attorney and that most people don't retain attorneys when dealing with DCFS. DCFS then refers its cases to law enforcement for prosecution as criminal cases after they have obtained your cooperation, using your statements against you in criminal proceedings. Also, the State of Utah attempts to use records of confidential sealed Juvenile Court DCFS proceedings against you in criminal cases.

Whether you have been contacted by DCFS, or DCFS has filed a case against you in Juvenile Court as a parent, you should immediatly retain an attorney to represent you.

If you are contacted by DCFS or CPS for any reason, whether you are a parent or not, you should decline to speak to the case worker or investigator until you have an attorney present, and you should retain an experienced attorney without delay.

Police Interrogation

In State v. Doran, 2007 UT App 119 (April 12, 2007), the defendant voluntarily went to a police station and answered police questions about alleged sexual abuse of a child. The defendant was then convicted of aggravated sexual abuse of a child. The defendant appealed, arguing that his “confession” violated the Fifth Amendment. The Utah Court of Appeals affirmed the conviction, holding that the defendant was not in custody when he made statements to the police. The Court held that a person’s Fifth Amendment right to avoid self-incrimination requires police to “give pre-interrogation warnings to persons in custody.” The defendant, however, was not in custody because he voluntarily entered the police station, was interviewed in an unlocked room, the interviewing police officer was unarmed and did not accuse or threaten him, the interview was relatively short and consisted of only a few clarifying questions, and defendant was free to leave.

Controlled Substances

In State v. Duran, 2007 UT 23 (March 9, 2007), police officers approached a trailer home and smelled the odor of marijuana. The officers decided that “exigent circumstances” existed that would allow them to enter the trailer without first obtaining a search warrant. Inside, they found controlled substances and firearms, and the defendant was convicted. The Utah Supreme Court reversed the conviction, holding that the odor of marijuana alone did not satisfy the “exigent circumstances” exception to the warrant requirement. The Court held that by smoking marijuana, the defendant was not destroying the evidence in order to prevent its discovery by law enforcement. Until the warrantless entry, the defendant was unaware of police involvement and had no reason to destroy the marijuana. In addition, there was nothing in the record to suggest that police had reason to believe the evidence of drug use would be destroyed if they delayed their intrusion. Even if some of the marijuana was destroyed through the process of smoking, evidence of drug use would linger in the form of residue, paraphernalia, and unsmoked marijuana.

In State v. Miller, 2008 UT 61 (August 29, 2008), the defendant had a party in his home. While he was cleaning up after the party, he found a bottle containing a prescription medication with a label indicating that the prescription belonged to one of the people at the party. As he was cleaning, the defendant put the bottle in his pants pocket, intending to later return it to the owner. The defendant was later arrested and the bottle was found in a search incident to arrest. At his trial for possession of a controlled substance, the defendant raised a defense known as “innocent possession.” The defendant was convicted, and appealed to the Utah Supreme Court, which reversed the conviction, holding that “the possession statute implicitly includes the defense of innocent possession” and that the defendant “was entitled to an instruction based upon it.” The Supreme Court held that the “innocent possession” defense “applies if (1) the controlled substance was attained innocently and held with no illicit or illegal purpose, and (2) the possession of the controlled substance was transitory (in other words, the defendant took adequate measures to rid himself of possession of the controlled substances as promptly as reasonably possible. Although the Court did not impose an arbitrary time limit on the defendant for returning a prescription controlled substance to its owner, it leaves open the question of whether a defendant has taken reasonable measures to rid himself of the prescription.

Obstruction of Justice

Police officers often threaten to charge citizens with "obstruction of justice" if they don't waive their constitutional rights and "cooperate" and speak with the police. Athough such threats seem to meet the definition of the crime of blackmail, the practice is common among law enforcement. Utah's obstruction of justice statute is found in Utah Code Section 76-8-306, which states:

76-8-306. Obstruction of justice in criminal investigations or proceedings -- Elements -- Penalties -- Exceptions.

  • (1) An actor commits obstruction of justice if the actor, with intent to hinder, delay, or prevent the investigation, apprehension, prosecution, conviction, or punishment of any person regarding conduct that constitutes a criminal offense:
    • (a) provides any person with a weapon;
    • (b) prevents by force, intimidation, or deception, any person from performing any act that might aid in the discovery, apprehension, prosecution, conviction, or punishment of any person;
    • (c) alters, destroys, conceals, or removes any item or other thing;
    • (d) makes, presents, or uses any item or thing known by the actor to be false;
    • (e) harbors or conceals a person;
    • (f) provides a person with transportation, disguise, or other means of avoiding discovery or apprehension;
    • (g) warns any person of impending discovery or apprehension;
    • (h) warns any person of an order authorizing the interception of wire communications or of a pending application for an order authorizing the interception of wire communications;
    • (i) conceals information that is not privileged and that concerns the offense, after a judge or magistrate has ordered the actor to provide the information; or
    • (j) provides false information regarding a suspect, a witness, the conduct constituting an offense, or any other material aspect of the investigation.

DUI

If you are arrested for a DUI, you should immediately do the following:

Take the DUI charge seriously. If you are convicted, a DUI charge will follow you for the rest of your life. In Utah, DUI is an enhanced crime, which has serious implications for your future. If you are convicted, your automobile insurance premiums will almost always be increased and your increased insurance could cost you thousands of dollars.

Hire an attorney immediately. DUI law is complex and you need a good criminal defense attorney who will immediately implement an aggressive defense and take full advantage of your constitutional rights. Otherwise, evidence may disappear, witnesses may become unavailable, and memories fade.

Comply with all driver license laws. If you fail to comply with driver license laws, you could lose your privilege to drive a vehicle. Do not drive if your driver license is suspended. If your license is suspended, do not drive until you obtain a reinstatement from the Driver License Division.

Make sure you appear in Court. If you fail to appear in Court as required by your citation, the Court will issue a bench warrant for your arrest and revoke your bond. A police officer can then arrest and jail you until you post another bond securing your future appearances.

Talk only to your attorney about your case. If you talk to anyone other than your attorney, the prosecution can use anything you say against you. Don't waste your time calling a number of attorneys trying to get free advice over the telephone. As in anything else, you will get what you pay for. Hire one criminal defense attorney without delay, and work with your attorney in your defense

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