Drug Possession Attorney | Federal Crime in Utah

Misdemeanor Marijuana Possession on Federal Land

The United States has a unique form of government because of the two tier system of laws existing in the country.  There are federal and state laws affecting those who live in the United States.  This unique form of government means a person can be charged with the same crime twice under two different types of legal schemes.  It also means a person can face different circumstances and outcomes for a criminal charge depending on where the crime was committed.  For example, a person who is caught possessing a small amount of marijuana and paraphernalia  on federal lands faces a misdemeanor charge from the United States government.  Fortunately there are Utah criminal defense lawyers from Salcido Law Firm that can help those accused of federal misdemeanor and felony crimes.

Federal Drug Charges

Many people may believe that when the federal agencies are involved in a drug bust that the person charged with the drug crime is a big dealer with pounds and pounds of drugs worth thousands and even millions of dollars.  This type of scenario is not usually the case, however.  Many people everyday are charged with drug possession for small amounts of drugs, usually marijuana and drug paraphernalia.  A federal misdemeanor marijuana or paraphernalia charge is quite common and arises many times in Utah chiefly because of marijuana or paraphernalia possession on federal lands.  These federal lands  include areas managed by the Bureau of Land Management (BLM), National Park Service (NPS), and the Fish and Wildlife Services (FWS).

Because the most of the land in Utah is primarily owned by the federal government, it is easy for a person to possess marijuana or paraphernalia on federal lands without realizing it.  For example, a person from California may have a valid prescription for marijuana and bring the weed to Arches National Park in Moab.  A NPS ranger may find the weed on the person and he is subsequently charged with a drug crime.  Instead of going to a state court in Moab though, the person will have to fight his charge in federal court in Salt Lake City because the incident happened in a National Park.  Luckily, there are marijuana and paraphernalia possession lawyers from Salcido Law Firm to fight the charges in federal court.

Contact Us If You Have Been Charged With a Federal Drug Crime

If you have been charged with a misdemeanor or felony drug crime on federal land in Utah, call the Utah criminal defense lawyers from Salcido Law Firm.  Our Utah criminal defense lawyers will handle your federal marijuana possession charges and ensure your rights are protected.  If you live outside of Utah, our attorneys will often be able to resolve your drug case without you even having to come back to appear in federal district court.  Call 801.413.1753 to get our attorneys working on your case today.

If you are looking for an accident lawyer in Utah, we can help. At Salcido Law Firm, you can speak with a Salt Lake City injury attorney anytime about your case. We have represented numerous individuals throughout the state who have suffered serious injuries as a result of another’s negligence. Often, after being involved in a serious car wreck or other unfortunate circumstance, insurance companies fail to provide the victim with adequate compensation to help them get back on their feet. That is where we come in. At our firm we understand what it takes to hold the insurance companies accountable to help get you a fair resolution to your claims. After an auto accident, you should be aware of what can help your potential case, and what can hurt. Many individuals make mistakes following an accident that kill their chances of seeking justice in the future. Before you do anything, read our 10 tips below and call us for free legal advice.

1.Your Safety

First things first, you need to be concerned with your safety and the safety of those involved. Call 911 if necessary and only get out of the vehicle if you are clear of all traffic and doing so does not threaten your safety or the safety of others.

2. Call the Police

It is important to get a police report when you have been injured in an accident. Don’t let the other driver talk you in to just leaving the scene. Call the cops and make sure you get a copy of any accident reports.

3. Get Driver’s Information

Make sure that all the parties involved exchange their information including all of the contact information, driver’s license, license plate, insurance information, etc.

4. Witnesses

Get the name and contact information for all of the witnesses.

5. Photographs

Take photographs of the scene of the accident and the vehicles involved. Most people today have a camera on their phone so make sure you take some snap shots of the vehicles involved.

6. Don’t Discuss Fault

Never discuss who was at fault or give any statements about your potential fault.

7. Your Story

As soon as you are able after the accident, write down you story, give you version of the events while they are fresh in your mind.

8. Call Your Insurance

Report your claim to the insurance company but do not give any recorded statements unless you speak with an attorney first.

9. Follow Up on Medical

Make sure you follow up for medical care if you are feeling any pain or have been ordered to do so by a doctor.

10. Speak With a Lawyer

Speak with a lawyer from Salcido Law Firm as soon as possible to protect your legal interests.

Utah Personal Injury Attorney

We know what it takes to get you the compensation you deserve when you have been injured. Do not delay, speak with a Utah personal injury attorney at Salcido Law Firm now to ensure your rights are protected. We offer free consultations and there is no fee unless we win for you. Call us anytime at 801-413-1753, or email us today. Whether you were involved in a car, truck, or motorcycle accident, we can assist. Our team of advocates are experienced in all types of accident and injury matters. We look forward to meeting you and seeking justice on your behalf.

Temporary Custody

In contested divorce cases in Utah that involve children there is always the issue of custody.  Often times what happens is that one parent will take the child or children and move out of state.  Custody becomes very murky when that happens.  It’s not a fair situation.  The non-moving parent is left without the love and companionship of his children while the children are deprived of having an environment where there are two parents who love and care for them.

A parent should not move out of state with the children.  All studies show that children need the companionship of both parents.  Nonetheless, it happens all the time.  Fortunately, there may be a legal remedy if you are the non-moving parent.

One potential procedure is a temporary restraining order (“TRO”).  Another potential procedure is a temporary order.  A TRO is a procedure that can take place almost immediately. A temporary order takes a little more time.

Factors Considered When a Parent Moves

With a TRO you have to show the court that irreparable harm will occur if the child is allowed to move out of state.  That is a very difficult standard to prove.  With a temporary order that standard is “the best interest of the child.”

The court looks to a few factors in determining whether the child should move out of state or state in state with the non-moving party.  First, the court will generally consider who the primary caretaker is.  Second, the party looks to the negative effect the move will have on the child in terms of the child’s relationship with the non-moving party.  Third, the court will look to the environment the child is moving to.  All of these factors are considered, but the first factor is typically the most important.

An Uphill Battle

Temporary orders and temporary restraining orders are difficult procedures. Courts like to maintain the status quo assuming there are no exigent circumstances.  We are Utah divorce lawyers.  Let us you through the temporary order process so that we can help you get temporary custody of your child and prevent your spouse from leaving the state with child.  Call us at 801.413.1753 to schedule a consultation today.

Defense Attorney for Texting Charges

It is against the law to text message while driving in Utah or sending an email while driving.  A first offense carries up to 90 days in jail while a subsequent offense can carry up to six (6) months in jail.  The first question to arise, however, is how can law enforcement ever prove that someone is texting?

The texting statute in Utah is very specific.  “Text messaging” means a communication in the form of electronic text or one or more electronic images sent by the actor from a telephone or computer to another person’s telephone or computer by addressing the communication to the person’s telephone number. See Utah Code 76-4-401(1)(b). Thus, the only way to be proven guilty of text messaging while driving is if law enforcement and the prosecutor can show that you actually send an electronic communication to someone’s phone number.  In order to be able to prove that they will have to show phone records.  The same is true if they are trying to prove that you sent an email while driving.

Prosecutors typically expect someone who has been charged with texting while driving to just plead guilty because they are expecting that you do not know how difficult it is to prove that you actually were texting.

The prosecutor has to prove beyond a reasonable doubt that you were texting or emailing.  Without phone records or a snapshot of the actual message sent or a video of you texting on your phone, it is very difficult to prove.

Don’t Just Plead Guilty – Get Protected!

Because of the difficult burden the prosecutor has to be able to get a conviction for texting while driving, you should never just plead guilty. We are Utah criminal defense lawyers and defend individuals who have been charged with texting while driving.  Call Salcido Law Firm PLLC at 801.413.1753 to get the defense services you need.  We fight hard to protect you and we won’t let you just plead guilty.

Stealing from an Employer

Embezzlement is often the subject of exciting novels and movies and high profile embezzlement cases make the news. The reality of embezzlement, however, is that it is not an easy thing to do, but once it is committed it is difficult to keep hidden. Employers always find out that money is missing…eventually.

Those who are in a position of trust with their company can access bank accounts and other financial instruments that allows them to siphon off money into their personal accounts. The temptation is great when someone has ready access to a lot of money.

Embezzlement is a form of theft, often referred to as theft by deception under the statutory law.  And like all theft crimes the consequences of a conviction stem primarily from the value of the property taken.  Thus, the more money that is embezzled, the more likely it is that the defendant could serve prison time.  A few thousand dollars stolen is all it takes to be looking at felony criminal charges and prison time, even on a first offense.

The criminal defense lawyers at Salcido Law Firm PLLC have experience defending individuals against embezzlement charges for stealing a few hundred dollars and even hundreds of thousands of dollars.  No case is too small or big when you are facing criminal liability for stealing from an employer.

Restitution

In every embezzlement case the issue of restitution will come up.  If you are convicted of embezzlement, you will likely be ordered to pay restitution.  Thus, if you steal$100 or $100,000 you will have to pay it back if you are found guilty of theft.  If you spent all of the money and you do not have the means available to you to be able to pay back the victims there is a chance that the court will order you to pay back only what your means will allow you.

If you are facing embezzlement charges call our criminal defense lawyers to find out how we can help you.  801.413.1753.

Many individuals have questions about bankruptcy and student loans in Utah. The increase in the number of students in this state in the last 10 years is phenomenal. Our local universities have grown substantially, not only in student body, but also in campus size, professors, and of course tuition costs. College tuition seems to rise every year and with more students attending our schools, more of us are leaving our secondary education owing a huge amount of debt in both private and government subsidized loans. Even more concerning is the fact that while home loan interest and other rates are at historic lows, many graduates are paying higher than ever interest rates on their college debt. This has led to a lot of noise in the media concerning what if anything can be done about this growing problem. At Salcido Law Firm, our team of Salt Lake City bankruptcy attorneys get many calls each week from struggling families who are struggling with student debt.

Student Loans and Filing for Bankruptcy

The question often arises; what can be done about student loans? Is bankruptcy an option on student loan debt? Are student loans dischargeable in bankruptcy? Unfortunately, the general rule regarding student loans is that they are non dischargeable in bankruptcy. This means, much like back taxes, your forever stuck with your student loans once you have them. This has led many to cry foul claiming student loans are akin to other predatory lending practices like sub prime mortgages or pay day loans. There is growing call for legislative action to deal with this issue. A recent Forbes articles addressed this problem and identified several ways in which student loans are predatory. First is the issue just mentioned that student loan consumers are not protected by the bankruptcy process. Second, most student loans cannot be restructured. Finally, student loans generally do not come with any statute of limitations, meaning you could literally in some cases be paying on your student loans for a lifetime. The grantors of these loans are at a definite advantage to the consumer when one considers the fact that more than 60 percent of all revenue generated in this industry comes from fees associated with loan defaults. Moreover, the collection rights these companies enjoy are far greater than other lenders.

Is Bankruptcy Still an Option for You?

Even if your student loans may not be discharged in bankruptcy, you still may have options and a bankruptcy still might make sense for you. For many Utah families and individuals, student loan debt is only a part of their bigger debt and financial picture. Most other types of obligations can be discharged in a personal Chapter 7 Bankruptcy in Utah. For more information, call and speak to a Utah bankruptcy lawyer in our office now. We provide free consultations both in our office and over the phone. We are available anytime and we have offices in Salt Lake City, Ogden, Provo, and St. George, so no matter where you live, we can help. Contact us today at 801.413.1753.

MedMal is a Form of Personal Injury

Medical malpractice is a form of personal injury that is unique in the sense  that the injury occurs as a result of the negligence of a professional, that is, a person who is expected to help, not hurt.

Medical professionals are an integral part of our society.  They provide a service of healing and curing that takes them months, years, and even decades to learn. Doctors and nurses spend an amazing amount of time and money so that they can bring the healing arts to their communities.

In their pursuit to bring health to the sick, they can sometimes get mixed up in the routine of their profession and make mistakes.  A medical mistake, however, can be more serious than most injuries and can even turn fatal.  That is why healthcare professionals have so much training: they hold lives in their hands.  The slightest mistake can cause unbelievable pain and suffering.

Compensation for Medical Injuries

If you have been the victim of medical malpractice you may have significant medical expenses; you may have lost time at work, you may have permanent injuries and disabilities.  We can help you recover the damages that resulted from your injuries.  You were injured from the negligence of a medical professional and you deserve to be compensated.

We will help you recover compensation for your medical bills, physical therapy bills, lost time at work, future medical care and living expenses, and pain and suffering.  Call us at 801.413.1753 and let’s start the process of getting you the compensation you deserve to try to make you whole.

Protecting You Against Medical Malpractice

Whether your injuries resulted from a surgical instrument left in your body, a misdiagnosis, or taking medication which should not have been prescribed, we can help.  Get the Utah medical malpractice lawyer who will do everything possible to recover the maximum possible.  Call Salcido Law Firm PLLC and Get Protected!

Money and Divorce

Every divorce, whether it involves children, a long term or short term marriage, or any other circumstance that may be unique to you, involves financial issues.  Some financial issues can be settled between the parties relatively easy; other money issues can be very difficult and take a lot of time to be able to solve.

In many cases one party or perhaps both has no idea what assets were acquired during the marriage, how many bank accounts there are, how much money is in the retirement accounts, whether there is life insurance, etc.  With this lack of knowledge, going into a divorce can seem like a gauntlet.  You have to get out of the dark and ensure that you know where all the money is.  That is where we come in.  Our Utah divorce lawyers will make sure to protect your assets by doing everything we can to discover all of the financial assets to which you are entitled.

The Financial Declaration

Utah divorce law provides certain protections for parties involved in a divorce case.  One such protection is the requirement that each party mush fill out and provide the other party with a financial declaration.  In a financial declaration a party must provide the following information to the other:

• Salary;
• Taxes;
• Insurance;
• Mortgage;
• Monthly living expenses;
• Debts;
• All real property;
• Retirement accounts

You also have to attach tax returns for the two previous years, documentation supporting all debts, property ownership, retirement accounts and everything else listed in the financial declaration.  Additionally, you have to include loan applications, pay stubs for the last 12 months, documentation verifying the value of real property, and the most recent three months’ worth of bank account statements.

The information contained in the financial declaration is critical to making sure the appropriate amount of alimony, child support, and property division is included in the divorce decree.  Otherwise, one of the parties runs the risk of getting ripped off.

If you are facing a divorce and have concerns about your financial situation call us at 801.413.1753 to set up a divorce consultation with a family law attorney.

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.