Juvenile Criminal Rights in Utah

The old adage of kids will be kids has changed over the past 50 years.  More and more older children and teenagers are viewed with a suspicious eye from the older members of the community.  Many believe that minors are up to no good and think that a pack of teenagers only spells trouble for other people.  Instead of kids doing immature and stupid things, kids are now committing crimes, or at least the immature things that they do are now considered crimes.  Many minors are charged with property crimes and drug crimes in Utah.  Some are even charged with violent crimes.  The Supreme Court of the United States has said that minors have the same legal rights as adults but in practice that doesn’t always turn out to be true.  Juveniles’ right are often trumped on by the system so it is important in any juvenile criminal case that parents of an accused minor hire a Utah juvenile criminal defense lawyer.

Detention Hearings in Utah Need a Juvenile Lawyer

One area of juvenile law that parents and juveniles are often unprepared to deal with are detention hearings.  A detention hearing is a court procedure before a juvenile court judge to determine if a minor should be detained in juvenile detention until a case commences or until the court believes it is safe to do so.  Minors can only be admitted to juvenile detention centers if they have committed a felony or 3 misdemeanors.  A detention hearing must be given within 48 hours of entering a detention facility but often it is more than 48 hours later depending on weekends and holidays.

Utah State law dictates the criteria that a judge must use in determining if a minor should continue detention in a detention center.  If a judge determines that the minor would pose a threat to himself or the community, or if the judge believes the minor will not attend mandatory court appearances, then the juvenile may continue to be detained.  There is not bail procedure in juvenile law in Utah.  Making a good argument at a detention hearing is the best chance for a parent to get the child released.  But parents and children should not go through the detention hearing alone.  They should have a Utah juvenile criminal defense lawyer making arguments for them.

Protect Your Child’s Legal Rights

Minors in detention have the right to an attorney at the detention hearings but the state is not required to provide one to the minor until after the hearing.  Parents should understand then that it is important for them to obtain a juvenile criminal defense lawyer before the detention hearing to protect their child.  If your child has been arrested and has a detention hearing soon then call a Utah juvenile criminal defense lawyer from Salcido Law Firm today.  Our attorneys will protect your child’s legal rights from the moment of arrest until the case is resolved.  Our consultations are free so call us today at 801.413.1753.

A Salt Lake City criminal defense attorney at Salcido Law Firm can represent you in any type of criminal matter. If you have been charged with a felony or misdemeanor crime, call us today at 801.413.1753. Whether you are facing a lower offense such as retail theft, marijuana possession, DUI, domestic violence, or assault, or if you have been charged with a more serious issue like aggravated assault, felony DUI, or a sex crime, we can help.

There are many criminal defense lawyers in Salt Lake City to choose from; so how do you know who will do the best job for you? At our Utah law firm, we understand you have choices when it comes to finding the right lawyer for your case. This article was written to help prospective clients understand what makes a good defense team and what questions to ask when interviewing your lawyer. Some of the most common questions we hear from future clients are the following:

How Much Do You Charge?

One of the very first things people want to know, and rightfully so, when hiring an attorney is how much they charge. Attorney’s fees can vary greatly depending usually on the experience and record of success of each lawyer. However, keep in mind that just because a lawyer charges more than everyone else, doesn’t necessarily make him or her the best attorney in the world or even the best advocate for your case. On the other hand, if a firm is charging far less than the average, that could be a sign that they are a mill (meaning they just take as many cases as possible and devote little time to each), or that lawyer is new or has little experience in the practice area. You usually get what you pay for when it comes to an attorney so if you go with the cheapest, buyer beware. A good idea, is to compare prices with other lawyers to ensure you are not paying too much or too little. At our office, our rates are competitive. We certainly do not claim to be the cheapest attorney our their but we are certainly not the most expensive either.

Do You Offer Payment Plans?

Probably the next most common question you should ask is about the payment plans offered by the law firm. Some but not all lawyers offer payment plans especially when it comes to higher priced legal services like felony representation. Most if not all attorneys will require something down but will do payment plans on at least a percentage of the total fee. We offer payment plans for most types of cases. We will often to a half down and half by a certain date kind of payment arrangement. We understand that not all clients can afford a total fee upfront so we try to be as flexible as possible. For more details you can call our office at 801.413.1753.

What is Your Experience?

This is the one question every client should ask their lawyer before hiring them. It is important to know what your attorney’s experience has been with your particular type of case. Not all criminal lawyers practice in all crimes and areas of the criminal defense world. For instance, many lawyers do not practice in the federal courts. Many others will not represent clients in certain types of sex crimes or crimes involving children. You should also be aware of what your lawyers record of success is in the type of case you have. Have they represented clients with facts similar to yours or not? Our criminal defense lawyers in Utah are capable of handling almost any type of case and are experienced in most defense matters.

Free Consultation – 801.413.1753.

Most Utah criminal attorneys will provide a free consultation over the phone and/or in their office. We go one step further and even have a lawyer standing by the phone, ready to take your call, at any hour. You can reach us anytime by calling or emailing. We provide free consultations and hold pro bono events at our law firm frequently. Do not hesitate, if you have been charged with a crime in Utah, call us immediately. We will work hard to give you the best possible chance of success in your case. Find out why so many of our past clients have called us the best Utah law firm. We look forward to your call.

On Christmas Eve a Sandy woman that was being kept against her will and abused by her boyfriend was able to sneak a computer into a closet and send out a distress signal on Facebook. The message read “Hello, Is anyone out there? I am having a serious problem and me and (my son) will be dead by morning.” Those who had added the woman on Facebook quickly jumped into action and tried to figure out what the problem was and where the woman was located. Eventually a call was made to Sandy city police who arrived at the home of Troy Critchfield, the boyfriend, and the officers were able to get the girlfriend out of the home. She later stated that she had been abused physically and sexually for over five days before she was able to send out the plea for help.

Utah Abuse Laws and Protective Orders

As evidenced by this story, domestic violence and abuse between intimate couples continues to be a problem in this country. Violent crimes and sex crimes are both areas of the law that are aggressively prosecuted and heavily punished. In a case like the one above Critchfield is likely to receive a very harsh penalty if convicted. One avenue that the girlfriend has for protecting herself in the future as well as all those facing abuse is a protective order. A protective order can limit the rights of the abuser as far as how close they can be to the victim, gun rights, and more; it can also allow officers to act before harm has been inflicted.

Utah Criminal Attorney | Utah Protective Order Attorney

At Salcido Law Firm you will find help for all your legal needs. Our lawyers are very experienced in both family and criminal law and can help defend against abuse charges or help a person protect themselves against an abuser by filing a protective order. We offer free consultations so call or email us today to set up an appointment.

Drunk Driving With Children

Just when you thought the penalties associated with a Utah DUI could not get any worse it does.  A first time DUI offense can result in over a thousand dollars worth of fines, having to use an interlock device on your car for months even years, becoming an alcohol restricted driver, going to jail, having to do an alcohol and substance abuse evaluation, and a victim’s impact panel.

But…if you drive drunk with a child under the age of 16 years as a passenger in your car you are facing much more serious consequences.  In fact, the charge goes up an entire degree if you have a passenger under 16 years old in your car and you are driving while under the influence, which means the jail time could double leaving you with the potential to serve a year in jail.

Collateral Consequences

In addition to the potential criminal penalties that come with a Utah DUI involving a passenger under sixteen years old you may also have to deal with a lawsuit in the juvenile court if your passenger was your child.

If you were driving with your son or daughter while under the influence of drugs or alcohol you may have to worry about being summoned to juvenile court for possible child abuse or neglect.  The problem with juvenile cases is that the standard of proof is much lower than in a criminal case.  In a criminal case the state has to prove guilt beyond a reasonable doubt.  In a juvenile case for child abuse or neglect the state only has to prove by clear and convincing evidence.

Protect Yourself

If you have been charged with a DUI involving a passenger under sixteen years old our attorneys will protect you.  We will also help you in a juvenile proceeding if your passenger is your child.  Call us anytime at 801.413.1753 to set up a consultation.

Highway Patrol Seizes Large Amounts of Cash

Believe it or not if someone carries large amounts of cash, say more than $10,000.00, the Utah Highway Patrol can seize the cash from a driver and the district attorney or United States attorney can commence criminal proceedings against the holder of the cash on grounds that the cash is evidence of drug distribution.

Pretextual Stops and Asset Seizure

Without fail, most stops in Utah which result in asset forfeiture by the Utah Highway Patrol are pretextual, which means that the UHP trooper who makes the stop does so on some feigned reason such as alleging that the driver was following too close, didn’t make a proper lane change, didn’t blink his turn signal for 2 seconds, or has a license plate light out. Such excuses are generally made by the UHP to pull over vehicles from out of state.  California, Oregon, and and Colorado vehicles tend to pulled over the most.

The Post-Stop Interrogation

Once the UHP trooper makes the stop he will then begin the interrogation process.  This consists of the trooper asking the driver to come back to the trooper’s car to talk to him until the trooper is done writing the “warning” citation.  While writing this citation the trooper asks the driver where he was going, who he was going to meet, where he was coming from, etc.  He then will ask him questions such as “do you have anything illegal in the car?  Any controlled substances?  Any large amounts of cash?”  In spite, of negative answers to these type of questions the trooper will run his K9 around the car to sniff for drugs or he will call a K9 unit as soon as he stops the vehicle to come assist.  The K9 will inevitably make a hit on the car and a search will commence.

If a large amount of cash is found in the vehicle UHP will seize it.  The only way to get it back is to make a claim either in federal court or state court and being the litigation process.  If you win your lawsuit against the government to recover your money the government has to pay your attorney’s fees.

Experienced Asset Forfeiture Attorneys

If you have been victimized by the UHP and had your money stolen by the State, call our Utah criminal defense attorneys. Forfeiture laws are egregious and should be unconstitutional but the wise overlords of our government have made these laws and judges have upheld them.  Forfeiture laws are not consistent with a free society and are akin to those laws executed in totalitarian societies.

We want to help so call us at 801.413.1753 for a free consultation.

Recently, the Utah media has been swarming with reports of a U of U professor who was caught viewing child pornography while on a plane. Grant Smith, was found watching child pornography on a school-purchased laptop while on a flight to Boston. According to Boston prosecutors there were 66 images of child pornography on the laptop, including images with children as young as 5 years old. Smith was also cited as saying that he had traded pornographic images of teens over the internet. Today a special Utah task force set up for crimes such as this, searched Smith’s home in Cottonwood Heights.

Utah Child Pornography Laws

In Utah as in other jurisdictions, child pornography or sexual exploitation of a minor as it is codified in Utah law, is a very serious and heinous crime that is prosecuted heavily and can carry serious punishment. One of the things that makes the offense so punitive is that most offenders receive multiple counts of child pornography because a person can be charged for each depiction. Meaning that in Smith’s case above, if he were prosecuted in Utah he would be facing at least 66 counts of child pornography because he had 66 images. Considering that a charge of child pornography is a second degree felony, multiple counts can make the punishment stack up quickly.

Sex Crimes Defense | Utah Defense Attorney

If you have been charged with a sex crime in Utah then it is important that you contact an attorney as soon as possible. Crimes like sexual exploitation of a minor can have seriously negative consequences and without proper legal defense you could be facing more serious penalties than otherwise. If you are looking for a lawyer in Utah for sex crime defense then call the attorneys at Salcido Law Firm. We can help you understand the legal process ahead of you and we will fight zealously to protect your rights. Call or email us today to set up a free consultation.

Kidnapping Attempt Near Trax Station

Last night a 42-year-old woman was leaving the Ballpark Trax Station when a man pulled up in a SUV and offered her a ride. The woman accepted the offer and got into the vehicle. The man propositioned a sexual relationship which the woman refused and the man then began hitting her and threatening her. Originally the man would not let her out of the vehicle but when he stopped for gas the woman was able to escape. Police are now looking for someone that fits this mans description or anyone with more information concerning the incident. This is yet another reminder of the dangers of accepting offers for a ride from strangers.

Utah Kidnapping Laws

Although kidnapping is often portrayed in popular media as adults taking a child for ransom purposes, the reality is that kidnapping is a very broad offense and it basically encompasses any sort of restraining of a person against there will. In fact it doesn’t even require that person be “taken” at all, but instead could be based on a person refusing to allow someone to leave. There are many different motivations for kidnapping, ranging from ransom and bribery to other crimes like sex or violent crimes.

Utah Criminal Defense Attorney

If you have been charged with kidnapping or any other criminal charge then call Salcido Law Firm to see what our attorneys can do for you. Criminal charges can result in seriously negative consequences and should be taken very seriously. The lawyers at Salcido Law Firm are experienced criminal defense attorneys and can help you obtain the best outcome available. Call or email us today and we can offer you a free consultation, where we can answer your questions and help you understand your options with no cost to you. 801.413.1753

If you are facing a criminal mischief charge in Utah, you are entitled to representation by a defense attorney. Many people make the mistake of going to court on these charges without any representation. While criminal mischief may sound like a smaller offense which may be resolved without a Salt Lake City criminal defense lawyer, the truth is that many people who proceed pro se end up with a severe punishment. What many people also do not understand is that our law firm offers payment plans in many of these types of cases, so almost anyone can afford to hire experienced counsel in our office to take their defense. In many instances, the police charge individuals with criminal mischief as a default charge when there is little evidence to support it. We understand the criminal laws in Utah and know what it takes to defend you in these matters.

Elements of Criminal Mischief

A person commits criminal mischief if the person:

• under circumstances not amounting to arson, damages or destroys property with the intention of defrauding an insurer;
• intentionally and unlawfully tampers with the property of another and as a result;
• recklessly endangers;
• human life; or
• human health or safety; or
• recklessly causes or threatens a substantial interruption or impairment of any critical infrastructure;
• intentionally damages, defaces, or destroys the property of another; or
• recklessly or willfully shoots or propels a missile or other object at or against a motor vehicle, bus, airplane, boat, locomotive, train, railway car, or caboose, whether moving or standing.

Utah Criminal Defense Lawyers

If you have been charged with criminal mischief or any other offense in Utah, call us now to speak with one of our Utah criminal defense lawyers. We can help you through this process and ensure you are not taken advantage of by the legal system. Call us anytime at 801.413.1753. A member of our team is available after hours. You can also email us by filling out the contact form on the rights. We look forward to taking your defense.

Stay Out of Jail With a Lawyer

Most people in Utah charged with a crime are primarily concerned with staying out of jail.  Being sentenced to jail affects an individual’s life in many different ways.  Family life is disrupted, there is a negative societal stigma associated with jail, and job security is threatened.  A person convicted of a crime will usually be charged a monetary fine in addition to any other punishments imposed by the court but if a person is in jail and loses employment, it makes it nearly impossible for that person to pay a fine too.  In most circumstances, it is best for an individual to not be sentenced to jail. A Utah criminal defense attorney can help individuals avoid jail by effectively arguing before a judge why jail time would make a criminal defendant’s situation worse.

Many Convictions Don’t Result in Jail

In most cases, a judge is given wide discretion in the amount of jail time imposed upon a person.  There are cases, however, such as violent crimes and multiple criminal offenses, that require a judge to sentence a person to minimum amounts of incarceration.  In most individuals’ situations though, crimes such as marijuana possession and retail theft can be resolved without people spending time in jail, as long as they have a Utah criminal defense attorney on their side.

Without a Utah criminal defense attorney, criminal defendants may not receive the best deal possible in court.  People without a lawyer often plead guilty to a more serious crime and receive a harsher sentence than if they had a lawyer defending their criminal rights.  A Utah criminal defense attorney from Salcido Law Firm knows how to work with a prosecutor and judge to ensure a criminal defendant receives the best outcome possible.  This usually includes no jail time.  Overall, it is always best for anyone facing a criminal charge to have a lawyer on his or her side.

Let SLF Keep You Out of Jail

If you have been charged with any criminal offense in Utah, from theft to murder, contact a Utah criminal defense attorney from Salcido Law Firm.  A SLF lawyer will work hard to protect your rights and in most cases, will help you avoid any jail time.  Consultations with a lawyer are free so contact Salcido Law Firm by calling 801.413.1753 today.

Drug Stops in Utah

Utah has a couple of interstate highways that are considered by law enforcement and many judges to be “drug pipelines.”  Specifically, I-80 and I-70 are considered drug pipelines and are monitored by patrolled heavily by Utah Highway Patrol.  I-80 runs through the north central portion of Utah and goes right through Salt Lake City and into Wyoming.  I-70 runs through the south central portion of Utah and into Colorado.

Utah Highway Patrol and other law enforcement agencies make it a habit to pull over cars carrying an out of state license plate.  It is easy to pull a car over.  Almost anything constitutes reasonable suspicion to stop a car.  A tail light that it out, a broken window, speeding, following too close, and other traffic offenses.  Utah law enforcement knows how easy it is to pull someone over so they will profile drivers and determine if they look like a potential drug carrier or user.  They will then feign a reason to pull someone over and commence searching a vehicle.

Marijuana Odor and Alcohol Odor is Enough to Search

Law enforcement need only smell the odor of alcohol or marijuana to search a car.  Worse yet, law enforcement can legally run a drug sniffing dog around your car without your permission so long as the duration of the stop is not extended by the drug dog search.  What this means is that if you are traveling through Utah and you have marijuana or other drugs in your car, be careful.  If you become a target of a patrolling law enforcement officer they will find a way to search your vehicle.

Remember Your Rights

If you are pulled over in Utah, never admit anything to a cop.  Never let them know you have drugs in your car.  Better yet, never admit anything.  If they want to know where you are going you don’t have to tell them.  Politely ask them why you were pulled over and hand them your registration and license.  After they run your information to see if you have any outstanding warrants and they come back to your car, do not talk to them about anything you are doing.  Politely decline, ask for your ticket, and be on your way. Never consent to law enforcement searching your vehicle either.

In a majority of the vehicle drug cases we see, the defendant made some type of admission to the police officer.  There is no sense helping law enforcement prove their case against you.  The rule of thumb should be to keep your mouth shut.

In the event you did not rely on your right to remain silent or you consented to the police searching your car, call us.  Our criminal defense lawyers may be able to protect you in spite of the fact that you did not assert your rights.

We’re available any time.  801.413.1753.