Sexual assault crimes are taken very seriously in Utah. The legislature has enacted strict laws to ensure that the punishments meted out to offenders reflect the severity of these crimes.
However, being accused of a sexual assault crime can have devastating consequences, impacting an individual’s reputation, relationships, employment opportunities, and overall life trajectory. Fortunately, our team can provide invaluable defense when you need it most. We can help you understand the charges against you, the potential penalties if convicted, and your rights moving forward. We can analyze the evidence presented by the prosecution, identifying any flaws or inconsistencies that could be used to build a robust defense strategy.
Call Overson Law, PLLC at (801) 758-2287 for a free case evaluation with our Salt Lake City sex crimes defense lawyers.
What Are the Penalties in Utah for Sexual Assault?
Sexual assault in Utah is a broad term that encompasses a range of offenses. The severity of the penalty will depend on how the sexual assault is characterized in a particular case. These definitions can turn on the smallest facts, so it is important to work with our Utah sexual assault defense attorneys as soon as possible to start building a strong defense. The following are definitions for the varying degrees of sexual assault and their penalties in Utah:
Unlawful Sexual Activity
In Utah, engaging in any form of sexual activity with a minor who is 16 or 17 years old is categorically viewed as unlawful, according to Utah Code § 76-5-401. The term “sexual activity” encompasses a broad range of conduct, from physical contact of a sexual nature to explicit sexual acts.
Even if the minor appears to give consent, under Utah law, individuals in this age bracket are not legally capable of providing informed consent to sexual activities. Therefore, any such engagement, regardless of perceived mutual agreement, is strictly forbidden and can result in serious legal repercussions.
The gravity of this act is reflected in its classification as a third-degree felony. For those found guilty of this crime, the potential penalties are significant. They might face imprisonment for a duration of up to five years. Additionally, substantial fines might be levied, further emphasizing the societal disapproval of such conduct and serving as a deterrent against similar behavior in the future.
Forcible Sexual Abuse
Forcible sexual abuse, as defined under Utah Code § 76-5-404, involves the deliberate act of making unwanted contact with the intimate body areas of another individual without their explicit consent. This offense extends beyond mere touching and includes any form of sexual contact that can cause significant physical or emotional distress to the victim. Such acts might encompass a broad range of behaviors, from inappropriate groping to more severe forms of sexual contact.
The gravity of this crime is reflected in its classification as a second-degree felony. The penalties for forcible sexual abuse are severe, serving both as a punishment for the offender and a deterrent for others. Convicted individuals face up to 15 years in prison. The actual sentence can vary based on several factors, including the offender’s criminal history and the case’s specific circumstances.
Rape
Rape involves engaging in sexual intercourse with another person without obtaining their clear and explicit consent, according to Utah Code § 76-5-402. This lack of consent might stem from a variety of circumstances, including the victim’s inability to give consent because of factors such as age, mental incapacity, intoxication, or physical helplessness. The crime also encompasses situations where consent is obtained through deceptive, coercive, or threatening means.
Rape is classified as a first-degree felony in Utah, the most severe charge. A first-degree felony is reserved for offenses deemed particularly heinous and destructive to individuals and society.
Those convicted of rape in Utah face severe repercussions. The penalty can extend to life imprisonment. However, the actual sentence imposed can vary based on factors such as the offender’s prior criminal history, the specific circumstances of the offense, and the presence of any aggravating or mitigating factors.
Object Rape
Object rape, as per Utah Code § 76-5-402.2, involves the non-consensual penetration of another person’s genital or anal opening. The act of penetration is carried out using an object or any part of the accused’s body, with the exception of the mouth or genitals. In this context, the term “object” is broad and can encompass anything from a finger to a foreign object.
Like rape, object rape is classified as a first-degree felony in Utah. This places it on par with the most serious crimes recognized by the state’s criminal justice system. This classification underscores the state’s commitment to protecting individuals’ rights to personal safety and bodily autonomy and reflects the severe violation of these rights that object rape represents.
For object rape, the potential sentence can extend to life imprisonment. The sentence given to an offender can differ depending on various factors, including their past criminal record, the particular details of the crime committed, and any aggravating or mitigating factors.
Aggravated Sexual Assault
Aggravated sexual assault, as recognized under Utah Code § 76-5-405, represents the most extreme form of sexual violence in the state’s criminal justice system. This crime not only involves the commission of a sexual assault but escalates the severity through the use of dangerous weapons, infliction of serious bodily harm, or the exertion of force to such an extent that the victim is gripped by fear of imminent death or injury.
The term “dangerous weapon” encompasses any item capable of causing death or serious bodily injury. This could range from firearms and knives to blunt objects or even vehicles, depending on how they are used in the commission of the crime.
“Serious bodily injury” refers to injuries that create a substantial risk of death or which cause serious, permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.
The element of force, meanwhile, refers to physical coercion employed by the offender to such a degree that it instills a genuine fear of death or injury in the victim.
As such, aggravated sexual assault is classified as a first-degree felony in Utah. However, this offense carries an even more severe penalty than other first-degree felonies because of its particularly heinous nature. Convicted individuals face a mandatory minimum sentence of 15 years, with the possibility of life imprisonment. This means that, unlike other crimes where the judge has discretion in sentencing, a set minimum term must be served.
Our Utah Sexual Assault Defense Attorneys Can Provide You with the Defense You Deserve
For a free case review, contact our West Jordan sex crimes attorneys at Overson Law, PLLC by calling us at (801) 758-2287.
Ignition interlock devices (IIDs) may be installed in vehicles after drivers are convicted of DUIs. The devices prevent the car from starting if alcohol is detected on the driver’s breath. Many drivers wonder if there are legal penalties for failing an interlock test.
Failing an interlock test is not exactly a crime on its own. However, there might be penalties or consequences for drivers who fail interlock tests, especially if they fail multiple times. Drivers convicted of DUIs are sometimes restricted from consuming alcohol, often as part of their probation terms. While failing the interlock is not an arrestable offense, being intoxicated might violate your probation, and you might be taken back to court. On top of that, the interlock device may track how many times you fail, and that information might be used against you.
Having an ignition interlock device in your vehicle is a big responsibility, and failing a test too many times might send a red flag to law enforcement. Our Salt Lake City DUI defense lawyers can help you if you are facing penalties for failing an interlock test. For a free case review, call Overson & Bugden at (801) 758-2287.
What Happens if I Fail an Ignition Interlock Test in Utah?
Ignition interlock devices are often required after a defendant is convicted of a DUI in Utah. According to Utah Code § 41-6a-505(1)(a)(ix), the court may require that a defendant convicted of a DUI install an ignition interlock device in their vehicle. However, the court has discretion as to whether the interlock device is necessary. Suppose the court can be persuaded that the interlock device is not necessary for the protection of the community or is in the best interest of justice. In that case, the defendant might not be ordered to install the interlock device.
If you fail an interlock test, the car will not start. For the most part, nothing more really happens in most cases. The interlock device does not send some sort of signal to law enforcement to come and arrest you for failing the test. The point of the interlock device is to stop people from driving while under the influence of alcohol, not get people arrested. If you aren’t able to start the car and start driving, it’s unlikely you’ve committed any driving offenses. To sum it up, you will not usually be arrested simply for failing an ignition interlock test.
With that being said, it is important to note that the interlock device usually records data about how often the driver uses it and how many times they pass or fail. It is possible that the police can access this information and see how many times you failed an interlock test in your car. While failing the test is not itself a criminal offense, this information might lead to other consequences, especially if you are not allowed to drink as part of your probation. Talk to our Layton DUI defense lawyers about what to do if you fail an interlock test.
How Many Times Am I Allowed to Fail an Ignition Interlock Test in Utah?
There is no restriction on the number of times you fail an interlock test as long as you are not committing any other sort of violation. As discussed, failing an interlock test is not a criminal offense, although it is certainly frowned upon by the police and courts. The purpose of the interlock device is to prevent the car from starting if the driver has alcohol in their system. Once this happens, there is often no further action.
Since the interlock device prevents the car from being started, the driver is stopped from committing another DUI violation, and there is no reason for an arrest. But keep in mind that the interlock device may track the number of times a driver blows into the interlock device, including the number of times they failed.
If you have failed multiple interlock tests in your car and are worried about potential legal consequences, you can call our Ogden DUI defense attorneys for help. Certain defendants, such as those on probation, might run into trouble if their probation officer looks into how many times they failed the interlock test.
Possible Consequences of Failing an Interlock Test in Utah
You should not be arrested and charged simply for failing the interlock test. However, there might be other consequences depending on your circumstances. You might face penalties if you are an alcohol-restricted person. According to the Driver’s License Division of the Utah Department of Public Safety, alcohol-restricted drivers include people who are not allowed to drive with any alcohol in their system regardless of blood alcohol concentration or whether they are actually impaired.
Alcohol-restricted drivers include anyone under the age of 21 and those convicted of DUIs. You can also become alcohol-restricted for ignition interlock violations. How long you are alcohol-restricted for a DUI depends on the nature of the violation. For example, a person is alcohol-restricted for 2 years following their first DUI conviction and 3 years following a conviction for an ignition interlock violation.
Interlock violations do not necessarily include failing the interlock test. Rather, an interlock violation includes tampering with the device, having someone else take the test for you, or driving a vehicle without an ignition interlock device installed.
You might also face consequences if you are on probation and part of your probation terms includes staying away from alcohol. Since interlock devices can record when a driver fails the test, this information might be obtained by your probation officer as proof that you consumed alcohol. Our Park City Utah DUI defense attorneys can help you if you are facing parole violations or other consequences for drinking as an alcohol-restricted person.
Call Our Utah DUI Defense Lawyers to Arrange a Free Case Evaluation
You should avoid drinking altogether if you have an ignition interlock device in your car. You might not be arrested for failing the test, but there could be other consequences. Call our Provo DUI defense attorneys for a free review of your case. Call Overson & Bugden at (801) 758-2287.
Being arrested for an alleged criminal offense often has a significant ripple effect on the rest of your life. Not only must you contend with potential criminal charges, but your employment and any professional licenses could be in jeopardy.
Usually, an employer cannot fire you just for being arrested. An arrest does not necessarily mean you even did anything wrong, and you are innocent until proven guilty. Even so, an employer could fire you for unprofessional conduct related to your arrest or if the reason for your arrest somehow interferes with your ability to do your job.
There are many consequences of an arrest, and losing your job might be one of them. Our Utah criminal defense lawyers can help you clear your name so you do not lose your job. Call Overson & Bugden at (801) 758-2287 for a free initial case evaluation.
Will I Lose My Job If I Am Arrested in Utah?
If you are arrested in Utah, you could lose your job. However, termination is not usually based on the arrest itself but the behavior or conduct connected to it. Employers should not fire employees for being arrested outside of work for conduct that is connected to their job.
According to the U.S. Equal Employment Opportunity Commission – a federal agency – an arrest on its own cannot be used to justify firing someone. An arrest can lead an employer to question whether the employee’s conduct is acceptable. After an arrest, you can contact our Utah criminal defense lawyers for help.
You could be fired from your job if the alleged offense for which you were arrested makes you unfit for your job. For example, a teacher might be fired if they were arrested for allegedly assaulting a student. You could also be fired if the arrest happened because of inappropriate behavior that occurred while you were on the job. Generally, an employer’s burden of proof is going to be far lower than the government’s.
An arrest could cost you your professional license. Without your license, you might be unable to do your job, so you lose it in the end anyway. For example, attorneys must remain in good moral standing to keep their licenses. An attorney arrested for a crime might face a license suspension, and they can no longer do their job.
An arrest need not be recent to affect your job. Suppose you were asked about any arrests or convictions that might prevent you from doing your job, and you said you had none. Now suppose that you were arrested just the year before. You might not be fired for the arrest, but you could be fired for lying about it in your job interview.
Reasons You Might Lose Your Job After an Arrest in Utah
You could be fired from your job after being arrested if the underlying behavior of the arrest someone affects your ability to do your job. Not every arrest will directly impact your job, but it is important to talk to an attorney about your case anyway. Our Murray criminal defense lawyers can review your case and help you fight your charges.
Suppose you were arrested for an alleged DUI and work as a professional truck driver. Truck drivers must maintain clean driving records to keep their commercial drivers’ licenses (CDLs) and their jobs. An arrest for a DUI might lead your employer to fire you because they cannot have their truckers drinking while driving.
Other jobs require employees to have a strong moral character or be trustworthy. For example, people who work with large sums of money must be trusted to be honest. An arrest might indicate to an employer that their employee is less trustworthy. This is especially so if the arrest is for a fraud-related crime.
You could also be fired if your arrest happened at work, even if it did not directly relate to your job. For example, being arrested because you and a coworker got into a physical altercation might be grounds for termination. Your employee does not have to wait for a conviction or a jury verdict to fire you for conduct they deem unprofessional or dangerous.
If you are arrested, having a skilled attorney by your side can help you clear your name and avoid a conviction, which is far worse for your employment.
How Does an Arrest in Utah Affect My Professional License?
An arrest might affect the status of any professional license you have. It is important to discuss this with your attorney, as some licenses could be affected but not others. Crimes can also affect drivers’ licenses or gun licenses needed for work. Our Orem criminal defense lawyers can help you dispute any criminal charges so you can keep your licenses.
According to Utah Code § 58-1-304(1), the Division of Occupational and Professional Licensing may restrict a professional license for certain prohibited behavior. One such behavior is unlawful or unprofessional activity. This means that being arrested for a crime might put your professional license in jeopardy.
Your employer does not even need to consider your arrest or alleged criminal offense if you lose your license. Without a professional license, you might be unable to do your job at all, and your employer might not have any other choice than to let you go or suspend you. The same is true for jobs that require a drivers’ license or gun license.
What If My Arrest in Utah Happened Years Ago and My Employer Only Just Found Out?
Some arrests happened a long time ago, and perhaps you did not bring it up because you felt it was irrelevant or feared you would not be hired. The consequences of lying about this information depend on who your employer is.
Under Utah Code § 34-52-201(1), a public employer cannot require you to disclose a conviction during a job interview. If you lied about having been arrested, your employer might actually be the one in trouble for asking an illegal question. Keep in mind that certain public employers like law enforcement agencies or employers within the criminal justice system are allowed to ask such questions.
According to Utah Code § 34-52-301, private employers are permitted to make these kinds of inquiries, but you are allowed to withhold information about expunged records. You should not be in trouble if your previous arrest was expunged, but if it was not, you could be in trouble for lying to your employer.
Call Our Utah Criminal Defense Lawyers for Assistance
If you were recently arrested, your job and livelihood could be on the line. Our Park City criminal defense attorneys can help you fight your charges and clear your name. Call Overson & Bugden at (801) 758-2287 for a free initial case review.
Airports are high-security places, and passengers go through various security checks before they board a plane. While it is possible that you might be arrested on an outstanding warrant in the airport, it is not guaranteed.
Most people working at the Salt Lake International Airport are not members of law enforcement. They are typically not running warrant checks on everyone that comes through the airport. Still, there are numerous security guidelines and regulations that must be followed. If you break the rules, you could get in trouble with the police, and they will probably find out about your warrants.
Our Salt Lake City criminal defense attorneys can help you if you are arrested at the airport. We can also help you determine if you have any warrants out for your arrest before going to the airport. Call Overson & Bugden at (801) 758-2287 for a free case review to get started.
Will Salt Lake International Airport Check Me for Outstanding Warrants?
It is not likely that the Salt Lake International Airport will run a check for warrants when you come through security before boarding your plane. However, it is not completely outside the realm of possibilities. The airport has its own police force that oversees law enforcement duties within the airport. While these officials are not checking every person for warrants, they might find warrants if they have a reason to detain you or if they run random spot checks.
Other employees at the airport, like security personnel and TSA agents, typically do not have the authority to run checks for warrants. Running such a check requires having access to certain government databases. Only law enforcement officials have this kind of power. Although, if you violate security rules, a security or TSA agent might report you to the police, and the police might discover your warrants.
Although the airport does not check passengers for warrants as a matter of routine security, it does for employees. A person seeking employment with the airport might go through a background check and a check for warrants. This check is necessary because many areas of the airport where employees have access are high-security or sensitive areas. If you have a warrant, not only will you not get the job, but the airport might contact law enforcement about you.
If you believe you have outstanding warrants, the best thing you can do is try to clear them. Some warrants are minor, like a bench warrant for a traffic violation, and maybe more easily cleared. Clearing other more serious warrants might involve your arrest.
When Am I Likely to Be Checked for Warrants at Salt Lake International Airport?
Now that you know that warrant checks are not part of routine security for airline passengers, it is important to understand the circumstances that might lead to a warrant check. To understand this, you have to know who has the authority to conduct such a check.
The police at the airport is part of the Salt Lake City Police Department Airport Bureau. Just like different police departments and precincts are in charge of specific areas, this particular group is in charge of patrolling the airport. Remember, these officers have sworn law enforcement officials with full police powers. If anyone runs a warrant check, it is probably them. Like most other police officers, they might run a warrant if they have a reason to detain you.
For example, if you attempted to bring a prohibited item on the airplane with you, the airport police might be contacted. If the item is dangerous, like a firearm, you might be detained and questioned. The police will very likely run a check and discover any warrants. Even though an airport is a high-security area, the police must still respect your rights just like they would anywhere else. Our Park City criminal defense attorneys can help you if the police overstepped their legal boundaries.
The Transportation Security Administration (TSA) has a lot of authority within an airport, but they are not police officers. They cannot arrest you or run a check for warrants. However, they can report you to the police at the airport for a security violation, and the police might find your warrants.
Warrant Checks for Salt Lake International Airport Employees
Salt Lake International Airport passengers are not usually checked for outstanding warrants. As long as you do not do anything that draws the attention of airport law enforcement officers, you should be fine. In contrast, employees may be checked for warrants depending on what kind of job they do. If you believe you might have outstanding warrants, talk to our Ogden criminal defense lawyers before applying for the job.
Airports are high-security areas, and some places are particularly sensitive. Jobs that give employees access to secure facilities may require background checks, including checks for outstanding warrants. Anyone with outstanding warrants may be denied the job and turned over to the authorities.
What Should I Do If I Need to Visit Salt Lake International Airport but I Have a Warrant?
If you are worried about outstanding bench warrants at the airport, our St. George criminal defense attorneys can help you get them cleared. Warrants can hang around indefinitely. A bench warrant will remain active forever if it is not cleared. People have been known to be pulled over for traffic stops only to find they have a bench warrant from years ago.
We can help you clear a warrant by reaching out to the court or possibly to law enforcement. Minor warrants for things like missed court dates for traffic violations do not have to result in your arrest. We can contact the relevant court, explain the bench warrant situation, and reschedule the court date. In many cases, this will clear the warrant.
More serious cases might be a bit more challenging. A warrant for a serious crime might involve turning yourself in to the police. Even so, we can help you do this on your own terms and get a jump start working on your defense. We can also help get you out on bail as soon as possible.
Call Our Salt Lake City Criminal Defense Attorneys for Help
If you have business at the Salt Lake International Airport but are unsure about potential warrants, contact our West Jordan criminal defense lawyers for help. Call Overson & Bugden at (801) 758-2287 for a free evaluation of your case.
Most of us got our driver’s licenses as teenagers and probably never took a driver’s education course again. However, through experience on the roads, we all learned that speed restrictions should be taken seriously and that accidents can become deadly when combined with high rates of speed. If you are not careful, speeding violations could cost you your license.
Most speeding violations are unlikely to lead to your license being suspended. However, they may see points assessed against your license. If you accumulate too many points, your license can be suspended. You can avoid points by challenging the citation and hopefully having it dismissed. However, points may come off your license over time.
If you have been cited for speeding and you believe your driver’s license is in jeopardy, contact our Park City traffic violations defense lawyers for help. We can help you fight to keep your license and hopefully avoid points and other penalties. Call Overson & Bugden at (801) 758-2287 for a free case review today.
Penalties for Speeding in Utah
Speeding is not a criminal offense in Utah but is classified as an infraction. A speeding ticket would not come up in a criminal background search conducted by an employer or government agency, but it would be reflected in your driving record. According to the 2021 Uniform Fine Schedule in Utah, speeding violations come with a recommended fine of $130. However, your exact fines might be more depending on your circumstances.
Fines may increase if you were speeding somewhere with reduced speed limits. For example, if you are speeding through a school zone, your penalties and fines may increase to reflect the greater risk of your violation.
Speeding violations also come with points against your license. Once a driver has amassed 200 points against their license, their license can be suspended in Utah. According to the Utah Department of Public Safety, points for speeding are assessed in tiers based on how far over the speed limit you were driving.
If you were speeding by 1 to 10 miles per hour (mph) over the speed limit, you might be assessed 35 points. For a speeding violation of 11 to 20 mph over the limit, you face 55 points on your license. Finally, for speeding violations at least 21 mph over the limit or more, you may see 75 points placed against your license. Contact our Salt Lake City traffic violations defense lawyers for help handling your speeding citations and keeping your license.
Can I Lose My License for Speeding Violations in Utah?
A single speeding violation is unlikely to cost you your license. Unless there were aggravating factors, like you injured someone, were intoxicated while speeding, or something similar, your speeding violation will probably not suspend your license. However, your violation is likely to come with points on your license. If you rack up enough points, your speeding violation might be the final straw that suspends your license.
As mentioned above, if a driver accumulates 200 points against their license in 3 years, the state will suspend their license for at least 3 months and up to 1 year. If the driver is under the age of 21, the point threshold is only 70 points in 3 years.
A single speeding violation may come with 35, 55, or 75 points, depending on how fast you were driving. A single speeding violation worth 75 points for a younger driver could put them over the 70-point limit and suspend their license. A few more violations might be necessary for older drivers before a license suspension is on the table.
Fighting Speeding Charges in Utah
Speeding tickets can be tricky to deal with. On the one hand, these violations are not considered criminal offenses, and some drivers would rather just pay the fine and deal with the points than spend the time and effort fighting the ticket. Other drivers, however, have to fight their ticket because it could cost them their license if they get too many points.
If you want to fight speeding charges, an effective method is to challenge the speed measuring devices used by the police. Law enforcement cannot write tickets with guesses or estimations of speed. Speed is often measured with radar guns and devices, and these measurements are trusted to be accurate. However, we can demand to know when the radar device was last tested or calibrated. We can also request to know how it has been maintained. If we believe the radar device should not be trusted, we can challenge your ticket.
If we can successfully challenge the radar gun, there is often no other evidence that can be used to support your speeding ticket. Many tickets are dropped or dismissed without speed measurements from radar devices. Talk to our Utah criminal defense attorneys for help fighting your speeding ticket.
How Do I Remove Points for Speeding from My License in Utah?
While points are easily accumulated, they are also very easily removed. Drivers do not need to take any steps to begin the process of removing points from their licenses. Instead, the process happens automatically. If you keep a clean driving record for 1 year, half your points will be removed. If you can manage a second year of clean driving, the remaining points will be removed. Clean driving means avoiding any traffic violations and staying clear of traffic tickets.
If you are close to the 70- or 200-point limits before your license is suspended, staying free of traffic violations will eventually remove all your points. If you, unfortunately, receive additional traffic tickets, our Murray criminal defense lawyers can help you fight your tickets and hopefully keep your license.
Call Our Utah Traffic Violations Defense Attorneys for Help
If you were cited for speeding in Utah, a single ticket is unlikely to suspend your driver’s license. However, if you accumulate enough points, a speeding ticket could very well cost you your license. Call Overson & Bugden at (801) 758-2287 and ask about a free case evaluation.
The penalties for a DUI are notoriously burdensome. At first glance, penalties like fines and maybe a few weeks of jail time do not seem so bad. After all, other crimes are punished much more harshly. However, the penalties for a DUI tend to follow you for months or even years in some cases. When you are charged with a fourth DUI, these penalties can permeate your entire life.
A fourth DUI might be more than you bargained for. If you have at least 2 other DUIs within the past 10 years, a subsequent DUI could be charged as a felony rather than a misdemeanor. The penalties for a felony DUI include longer prison time, higher fines, longer license suspensions, and stricter ignition interlock requirements. A fourth DUI is no ordinary traffic violation; it could be a very serious felony.
If you have been charged with your fourth DUI, speak with our Utah DUI defense lawyers for guidance. The penalties are quite severe, but you still have the right to challenge your charges and defend yourself. Contact our legal defense team at Overson & Bugden for assistance. Call our offices at (801) 758-2287 and ask for a free case review.
Charges and Penalties for a Fourth DUI in Utah
Typically, a DUI is charged as a misdemeanor offense. In fact, most typical DUIs are charged as Class B misdemeanors but can be upgraded to Class A when certain aggravating factors are present. However, your charges could jump from misdemeanors to felonies if you have enough DUIs on your record.
Utah will look through the past 10 years of your record when assessing criminal charges for DUIs. According to Utah Code § 41-6a-503, a defendant with two or more previous DUI convictions within 10 years of their current DUI will be charged with a third-degree felony. Such a felony carries a maximum term in state prison of 5 years. This is much harsher than misdemeanor DUI charges that typically do not exceed one year.
You also face other steep penalties beyond prison time. For a fourth DUI, you will undoubtedly lose your license. How long you lose your license for may be up for debate. You will also likely be required to install an ignition interlock device in your vehicle and attend drug and alcohol treatment and education courses. Failure to abide by the restrictions and requirements imposed by the court could result in additional penalties. Speak to our Ogden DUI defense lawyers for help today.
How Long Will I Lose My License for a Fourth DUI in Utah?
While many different traffic violations can lead to driver’s license suspensions, DUIs are almost always guaranteed to cost you your license. The real question is not if you lose your license, but for how long. Your license suspension will depend on how many DUIs are on your record, your age, and possibly your blood alcohol concentration (BAC).
For a fourth DUI, your license suspension will be for a long time. A defendant who is at least 21 and is convicted of a DUI with at least one prior DUI conviction within the last 10 years will have their license revoked for 2 years. A revocation is different from a suspension because you still do not have a license once the revocation period is over. You must re-apply for a new license after your old one is revoked. After a license suspension, your license can be restored and you would not have to re-apply for a new one.
Your age also influences your license suspension or revocation for a fourth DUI. If you are at least 19 years old but younger than 21, your license could be revoked until you turn 21 or for two years, whichever is longer. For defendants with multiple DUIs under the age of 19, your license will be revoked until they turn 21.
If you face your fourth DUI, you might need some serious legal help. Contact our Park City Utah DUI defense attorneys for guidance through this process.
How Can I Fight a Fourth DUI in Utah?
You might feel like you are up against a wall trying to fight a fourth DUI. Courts are highly unlikely to show leniency to someone with so many DUIs in their record. However, you have rights that nobody can infringe upon, no matter what your record looks like. Our Utah DUI defense attorneys can help you challenge your charges and protect your rights from prosecutorial overreach.
Perhaps one of the simplest ways to challenge your charges and protect yourself is to check the prosecutor’s case for errors. Prosecutors will be looking at your driving and criminal records to determine how to charge a fourth DUI. However, they are not allowed to consider DUIs from over 10 years ago. You might be facing a fourth DUI, but if your prior DUIs occurred over 10 years ago, your new DUI must be treated as if it is your first.
You can also challenge the various aggravating circumstances surrounding your case that could cause your charges and penalties to be upgraded. For example, we can challenge your BAC measurement if we believe the testing methods were inaccurate or the testing devices were not in proper working order. If you are alleged to have injured someone during your DUI, but we believe some other independent cause injured that person, we can argue against upgrading your penalties.
Will a Fourth DUI in Utah Affect My Job?
One DUI is bad enough, but a fourth DUI could be extremely problematic. Not only will you have to deal with the criminal penalties of a fourth DUI, but there could be collateral consequences in other areas of your life, including your job.
If you drive for a living, like a professional truck or a taxi driver, your employer likely imposes restrictions on things like DUIs and other traffic violations. If you are convicted of a fourth DUI, you could very well lose your commercial driver’s license (CDL) if you have one and your job. Not only that, but if you wish to apply for a job as a professional driver, four DUI convictions on your driving record might make you ineligible for the job.
A fourth DUI could be charged as a felony. Many jobs, even those that do not require driving as part of your job duties, are not available to those with felony convictions. If you work in a profession requiring a certain level of security clearance, a felony DUI conviction could cost you your job altogether. Speak with our Provo DUI defense attorneys about how to fight your charges.
Call Our Utah DUI Defense Attorneys for Help
If you are charged with your fourth DUI, speak to our St. George DUI defense attorneys immediately. The penalties for a fourth DUI could haunt you for years to come. Call our team at Overson & Bugden at (801) 758-2287. We can conduct a free initial case evaluation to get you started.
Courts impose restraining orders for the protection of those who petitioned for the order. Restraining orders are imposed in emergencies where a petitioner feels they are in danger of some irreparable harm. That harm could be physical or something else entirely. Restraining orders place severe restrictions on your rights, but they can be challenged and lifted in certain circumstances.
Even though most restraining orders are only ever meant to be temporary, the subject of such an order can move to have it lifted. This requires notifying the order’s petitioner that you wish to lift the order and having a hearing at which you and the petitioner can speak. Restraining orders can be lifted if they are unnecessary or if they pose too heavy a burden.
If you believe a restraining order will be filed against you, or if an order has already been imposed, call our Utah criminal defense lawyers for help. Our team at Overson & Bugden can help you get the order lifted as quickly as possible. Call our offices at (801) 758-2287 for a free case review.
Why Restraining Orders Are Imposed in Utah
Most restraining orders begin as temporary restraining orders (TROs). These are emergency orders that are meant to protect the petitioner from immediate and irreparable harm. Before a person can petition for a restraining order, they must have an active case open. A court may impose a restraining order if the petitioner shows that…
- There will be irreparable harm without the order,
- The harm would outweigh any harm caused by the order,
- The order would not be against public interest, and
- The petitioner is likely to win their underlying case.
Restraining orders are purely civil matters that are not necessarily connected to criminal cases. Although, a restraining order could be applied in a criminal case. These orders are often confused with protective orders that are designed for domestic violence cases. Restraining orders can be imposed in any number of cases. For example, a TRO could be used to prevent a landlord from evicting a tenant during a dispute over rent. A TRO could also be imposed against a neighbor to stop them from tearing down a large, old tree if the tree is on disputed land.
To begin challenging a TRO, you must understand why it was imposed in the first place. The order will likely prevent you from taking some action you had planned on doing. If the order is unnecessary because you no longer plan to carry out the action in question, or if you believe the harm would not be irreparable, our Park City criminal defense attorneys can help you lift the order.
Getting a Restraining Order in Utah Lifted
Once a temporary restraining order has been imposed, you should review the order very carefully with our Utah restraining order defense attorneys. Typically, hearings are scheduled to discuss temporary restraining orders as a matter of course no later than 14 days after the order was issued. In some cases, the court may move your hearing up to an earlier date. Hearings can be requested by filing a motion with the court.
At the hearing to discuss the order, you can argue why you believe the order should be lifted. Orders are imposed because the petitioner claimed there would be irreparable harm otherwise. If you can demonstrate that no such harm exists, or the harm would not be irreparable, we might get the order lifted.
TROs are only imposed if the harm or inconvenience presented by the order is outweighed by the potentially irreparable harm claimed by the petitioner. If the restraining order poses so much of a burden to you that this burden outweighs the alleged irreparable harm, the order could be lifted.
Remember, if you request a hearing on a restraining order, you must notify the opposing party so they can also speak at the hearing. Our experienced Provo criminal defense lawyers can help you lift the order against you.
Challenging a Restraining Order Before It Is Issued in Utah
If you believe a temporary restraining order is being sought but has not yet been imposed, you can file a memorandum opposing the motion with the court and oppose the order. This motion is filed when you want to oppose or challenge another motion or petition filed by your opponent. For example, if you are in dispute with your neighbor who files a restraining order against you, you can file a memorandum opposing the motion to prevent the order from being issued.
In your memorandum, we must identify the specific parts of the restraining order we disagree with. We can use the memorandum to change certain parts of the restraining order or challenge the order in its entirety. We can argue that the restraining order is not supported by law or is otherwise unnecessary. Our Riverton criminal defense attorneys can research cases and statutes to support your arguments against the restraining order.
What Happens If I Cannot Lift a Restraining Order in Utah
If you cannot successfully challenge a restraining order or have the order lifted, you should continue to abide by the terms of the order while your attorney explores other legal options. As your case connected to the restraining order unfolds, your circumstances might change, and the order could become moot or harmful. Alternatively, you might have to adhere to the restraining order until your case is resolved. Hopefully, the case can be resolved in your favor, and you will be free to do as you wish without being burdened by the order. Call our South Jordan criminal defense lawyers for help exploring your options after unsuccessfully trying to lift the order.
Speak to Our Utah Restraining Order Defense Attorneys for Help
If you are facing the possibility of being subjected to a restraining order, our legal team can help you prevent or lift the order. Our Murray criminal defense attorneys know how to resolve TROs quickly. Call Overson & Bugden at (801) 758-2287 for a free case evaluation.
BB guns, including airsoft guns or other spring-loaded and air rifles, are low-power guns that fire off small pellets. These guns are far less dangerous than real firearms and are seldom deadly. In fact, many people consider BB guns to be nothing more than a toy. However, BB guns can still be dangerous if misused, and there could be criminal consequences.
While federal laws regulate BB guns to promote safety among users, the State of Utah does not have any additional laws for BB guns on the books. Although a BB gun is not technically considered a firearm, there will be serious consequences for defendants charged with using a BB gun in the commission of a crime. BB guns are often made to look just like real firearms, and using a BB gun in public or a crime may cause fear and confusion.
If you are facing criminal charges related to a BB gun, you should consult with an attorney immediately. Our Utah criminal defense lawyers can help you fight your charges. The team at Overson & Bugden is ready to meet you in a free case review to talk about your case. Call us at (801) 758-2287.
Is a BB Gun Considered a Weapon in Utah?
There are multiple kinds of BB guns. Some fire plastic pellets and are commonly viewed as children’s toys. Others fire metal pellets and are more appropriate for things like target practice or even hunting very small animals. BB guns may be discharged using cartridges of pressurized gas, like C02 or “green gas.” Other BB guns are spring operated. Generally, BB guns are not powered by any form of combustion like a traditional firearm.
BB guns present a tricky problem when they are entangled in criminal charges. While they are technically not considered firearms, they are not totally disregarded by prosecutors when assessing criminal charges. It is very possible that prosecutors will argue the BB gun in your case counts as a dangerous weapon under Utah Code 76-10-501.
According to Utah law, a dangerous weapon is anything that, when used in the manner it is intended for, can cause death or serious bodily injury. While the likelihood of death by BB gun is probably low, bodily injury is still possible.
Utah has no unique state laws regarding BB guns. However, Utah follows all federal regulations for BB guns. According to federal law, under 18 U.S.C. § 921, a firearm is a weapon designed to expel projectiles by the use of an explosive. BB guns are not considered firearms because they use compressed air or springs to fire projectiles rather than an explosive.
Since BB guns are technically not firearms, the strict regulations surrounding guns and gun ownership do not apply to BB guns in Utah. This includes requirements for permits and background checks, for example. People often buy BB guns for kids and teenagers as gifts. However, some regulations must be adhered to.
Federal law requires that all BB guns are manufactured with a bright orange flare at the tip of the gun’s muzzle. This way, people can immediately identify the weapon as a BB gun rather than a deadly firearm. However, there is no state law requiring that BB gun owners must leave the orange tip intact. It is not illegal to remove the orange tip or cover it up after purchasing a BB gun.
Be warned, while the State of Utah has no rules other than federal law, local towns and cities might have ordinances that ban or prohibit the use of BB guns. Our Murray criminal defense attorneys can help you fight any BB gun-related criminal charges.
Criminal Charges Related to BB Guns in Utah
In most cases, a crime committed with a BB gun will be treated as if an ordinary gun or firearm was used. Crimes in which the use of a weapon may lead to upgraded charges may be implicated when a BB gun is used. For example, using a BB gun to commit armed robbery may be charged as if a firearm was used even if the weapon in question was technically not a firearm.
A person cannot use a BB gun in an attempt to complete a crime and then argue their charges should be reduced because they did not technically use a gun within the meaning of the law. This kind of defense is unlikely to succeed, and your charges will be assessed as if a real gun was used.
The same goes for crimes like harassment, stalking, or assault where a gun is used to threaten or intimidate. BB guns are often made to look like very real firearms, which can easily frighten or intimidate others. While BB guns are often viewed as harmless or even classified as a child’s toy, they can cause serious damage if used in the wrong way. Serious damage to people’s eyes is a very common BB gun problem, and BB guns are often used to shoot out windows on cars and houses. You could face very serious charges for a violent crime if you shot someone with a BB gun.
Federal regulations under the Brady Act that prohibit certain people from owning firearms may also apply to BB guns. For example, having felony and domestic violence convictions or being addicted to drugs might make having a BB gun illegal. You could be charged for possessing a BB gun if you meet certain restrictive criteria. The rules and regulations surrounding BB guns can be confusing, but our Park City criminal defense attorneys are here to help.
Fighting Criminal Charges Related to BB Guns in Utah
BB guns are not deadly weapons. However, a BB gun might be considered a dangerous weapon under Utah Code § 76-10-501. As such, certain people like convicted felons might be prohibited from owning them. If your charges relate to ownership, we can challenge the reasons for your exclusion.
If your charges are connected with a crime allegedly committed using a BB gun, we can argue to downgrade the charges. It is possible that Utah prosecutors will attempt to overcharge you because of the BB gun. It would not be surprising for prosecutors to argue that the BB gun is a deadly weapon. However, we can argue that BB guns are unlike ordinary firearms because they are very rarely, if ever, deadly. Our Riverton criminal defense attorneys can help you present the strongest defense possible for your situation.
Call Our Utah BB Gun Criminal Defense Attorneys
If you are charged with a crime involving a BB gun, you should speak with an attorney. Our St. George criminal defense attorneys are prepared to fight your charges. Contact the offices of Overson & Bugden by calling (801) 758-2287. Schedule a free case review with our dedicated team.
As the internet and digital technologies become an increasingly larger part of our everyday lives, cybercrimes are becoming a more significant issue. Lawmakers in many states have been somewhat slow to catch up with changing technologies, and offensive online behavior is often considered non-criminal. However, a relatively recent type of online behavior known as “doxxing” has been addressed by Utah lawmakers.
Doxxing involves posting another person’s private or personal information online without consent and with the intent of causing trouble for the victim. Doxxing is a new digital phenomenon and is not technically illegal in many states. Utah legislation passed in 2017, however, made doxxing a criminal offense in Utah. Disseminating a person’s personal or identifying information online may be a misdemeanor offense in Utah.
If you have been charged with doxxing or a similar computer-related offense, you should speak with an attorney about your case. Our Salt Lake City criminal defense attorneys can help you fight the charges against you. Call Overson & Bugden at (801) 758-2287 to schedule a free legal consultation.
What is Considered Doxxing in Utah?
The term “doxxing” is not a legal term but was instead coined online. “Dox” is a shorthand word for “document,” as in documents that would contain personal or private information. In reality, no physical documents are actually shared. Instead, doxxing involves copying a person’s personal information and sharing it online so that others may use it or continue to spread it. When a person is “doxxed,” they have had their personal information leaked online. It’s possible their information was accessed via public portals and then disseminated elsewhere without permission or that it was gained through hacking.
The personal information shared in a doxxing incident can range from the mundane to the ultra-sensitive. For example, sharing someone’s phone number online without permission could be considered doxxing, even though most people do not keep their phone number a secret. On the other hand, super private information like Social Security numbers could also be leaked, causing significant legal problems for the victim.
An offense similar to doxxing can be found under Utah Code § 76-9-201. The law states that anyone who uses a computer to disclose or spread another person’s identifying information so that others may disseminate it further or use the person’s identity may be guilty of a crime. A defendant could be charged with a Class B misdemeanor for a first-time offense and a Class A misdemeanor for any subsequent offenses.
You could also be charged under Utah Code § 76-6-703 related to hacking rather than harassment. The criminal charges will be for Class B misdemeanors if the victim is an adult. If the victim is a minor, defendants can be charged with Class A misdemeanors. Repeat offenses may be charged as third-degree felonies. If you are facing such charges, contact our Logan criminal defense lawyers immediately.
Penalties for Doxxing in Utah
As mentioned above, doxxing can be charged as Class B or Class A misdemeanors or even as a felony. For a Class B misdemeanor, you face up to 6 months in jail and fines of up to $1,000. Class A misdemeanors may be punished with jail terms of up to 364 days and fines of up to $2,500.
When a defendant has been convicted of doxxing in the past, their charges could be upgraded. A repeat offender may be charged with a very serious third-degree felony. Such a felony may be punished with a prison term of up to 5 years and fines of up to $5,000.
How you allegedly obtained the private information you supposedly disseminated online may also lead to criminal charges. If the authorities believe you obtained someone’s private information by means of illegal computer hacking, there could be additional charges and penalties. Talk to our Murray criminal defense attorneys about your doxxing case today.
Defenses to Doxxing in Utah
Defending against doxxing charges may be complicated and unpredictable. Doxxing and the field of cybercrimes is relatively new, and the legal field is not known for keeping up with changing technologies. However, as with any criminal case, the prosecution must prove beyond a reasonable doubt that you are guilty, which is a very high bar to meet.
We may be able to fight your charges if the prosecutor cannot prove who leaked the victim’s personal information. It is very easy for people to be anonymous on the internet, and people could dox someone without leaving any clue as to who they truly are. Even if the prosecutor can prove your computer was used in the doxxing event, that does not necessarily mean you were the one who committed the doxxing.
We can also challenge the allegations against you by arguing the information leaked without the requisite intent to harass or intimidate the alleged victim. Perhaps the doxxing incident was a mistake and you did not mean to publish personal information online. Alternatively, maybe you thought the information was only visible to a limited group but was accidentally made completely public.
Doxxing and hacking go hand-in-hand. You may defend yourself against hacking-related charges by challenging the method in which you obtained certain personal information. For example, if you had permission to access the information, you cannot be guilty of hacking.
If you are facing charges for doxxing or other cybercrimes, call our Park City criminal defense lawyers for help.
What Happens If I Am Charged with Doxxing in Utah?
If you are charged with doxxing, there may be a criminal investigation before formal charges are filed. However, cybercrime is somewhat different than ordinary investigations. The police may want to examine your computer or laptop to determine if it was used in the doxxing incident. Defendants are often hesitant to allow this because people keep very personal information stored on their computers. Like any search, the police will need a warrant before searching your computer. If no warrant exists, we can suppress any incriminating information found on your computer or laptop.
After being charged, you will go through various pre-trial hearings, including your arraignment and hearings for bail. Much of the evidence discussed in these hearings and at your trial will likely be digital. However, your case will proceed just like any other criminal case. You definitely need a skilled lawyer by your side to help you through this difficult time. Call out Orem criminal defense attorneys for help.
Call Our Utah Doxxing Defense Lawyers
If you are charged with doxxing or a similar cybercrime, you must take the situation seriously. People sometimes disregard internet-based offenses because they do not feel “real.” Our Utah criminal defense attorneys can help you deal with the very real charges you face. Call Overson & Bugden at (801) 758-2287 to schedule a free legal consultation.
Criminal defendants tend to have the same goal of making their charges go away. While your attorney will certainly try to help you achieve this goal, there is more than one possible outcome. If you are successful, your charges may be dropped or dismissed. In either circumstance, the outcome is more or less the same. However, the procedures involved and the aftermath of your case are somewhat different.
Criminal charges may be dropped by a prosecutor or dismissed by a judge. Because prosecutors have the authority to file charges against a defendant, they can drop charges they no longer wish to pursue. Reasons prosecutors drop charges vary from case to case and between charges. Only judges can dismiss charges, sometimes at the behest of the defendant, although a judge may dismiss charges on their own. Depending on how a judge dismissed charges, they may or may not be filed again.
If you are facing criminal charges, it is important to understand what happens if you have your charges dropped or dismissed. Our Salt Lake City criminal defense attorneys will work to hopefully get your charges dismissed or dropped. Call Overson & Bugden at (801) 758-2287 to schedule a free legal consultation.
How Are Charges Dropped or Dismissed in Utah?
When charges are dismissed or dropped, defendants may walk free. However, the processes for dropping and dismissing charges are different, and the legal consequences might also be different. What happens to your charges often comes down to timing.
Charges are dismissed only by a judge. For your charges to be dismissed, they must have been officially filed against you in court. You will have likely had an arraignment at which you were informed of the charges against you. Just because your charges were formally filed does not mean they are set in stone. Courts understand that criminal cases tend to unfold as cases progress. New information may make certain charges unrealistic or unnecessary. If it is discovered later that there is no probable cause to support your charges or your alleged offenses do not meet the legal definitions of a crime, your charges should be dismissed.
Prosecutors typically drop charges when they feel charges are no longer worth pursuing or are unsupported by the evidence. Dropping charges is somewhat less formal than dismissing them, although an entry on the record must be made, and does not always need court approval. Charges are often dropped because there is insufficient evidence to meet the prosecutor’s burden of proof. They are often dropped as part of plea agreements or when new information shows that the charges are unnecessary.
If you face criminal charges, it may be possible to convince prosecutors or the court to drop or dismiss the charges. Our Layton criminal defense lawyers may be able to help you with your case.
Who Decides to Drop or Dismiss Utah Criminal Charges?
The difference between dropping and dismissing criminal charges comes down to authority. Only certain people may have the authority to drop or dismiss criminal charges. While prosecutors often drop charges, they are dismissed by a judge. However, numerous players may influence the decisions of a judge or prosecutor.
Prosecutors have a lot of power over a criminal case. They have the sole authority to charge defendants with crimes. This also means they have the authority to drop charges after imposing them. As mentioned previously, prosecutors typically drop charges when new information suggests that different charges should be filed or current charges are unsupported by evidence.
Dropping charges is entirely up to the prosecutor, although they may consider input from other players, such as law enforcement, when deciding. Prosecutors want to make sure their charges stick, so they only ever drop charges for very good reasons. They also tend to think very carefully about the charges they want to impose before filing them. This decision-making process sometimes means prosecutors will charge a defendant with multiple crimes, and as investigations unfold, some charges will be dropped while others will proceed to trial.
While prosecutors have the discretion to drop charges, only judges can dismiss them. Depending on when a judge dismisses your charges, they may or may not be refiled against you at a later date. Typically, a dismissal will be considered an acquittal, and double jeopardy will attach if your charges are dismissed after a jury has been impaneled. While this is good news for defendants because it means they cannot be charged again, getting charges dismissed after a jury is picked may be difficult as juries are usually picked shortly before a trial begins.
Call our Ogden criminal defense lawyers about your criminal charges today. We can urge prosecutors to drop unnecessary charges or convince a judge to dismiss them.
Can Victims or Witnesses Have Charges Dropped or Dismissed in Utah?
Contrary to what many people think, victims have no control over whether charges are dropped or dismissed. Utah has a rather extensive victim’s rights system that provides numerous rights and protections to victims, but victims do not have the power to drop charges. On television or in movies, we sometimes see victims refusing to press charges or demanding that charges be dropped. While a victim may be a key witness in a criminal trial, they have no authority over dismissing or dropping charges.
However, victims or witnesses may influence decisions surrounding your charges. If a victim’s testimony is important, but they refuse to cooperate or testify, prosecutors might have to drop the charges because they cannot prove their case without the victim or witness. However, we cannot negotiate with victims or witnesses in this regard as that would be illegal.
What we can do is challenge the admissibility of the victim or witness’ testimony. If we can suppress unreliable, biased, or otherwise inadmissible testimony, we might force prosecutors to drop charges. Call our Park City criminal defense attorneys for help today.
What Happens to Your Case After Charges are Dropped or Dismissed in Utah?
The Double Jeopardy rule of the Fifth Amendment prevents prosecutors from trying you for the same crimes twice. However, the rule does not prevent them from charging you for the same crime twice. Ordinarily, once you have been acquitted, you cannot be charged for the same offense again. However, if your criminal charges are disposed of by any means other than acquittal, prosecutors could potentially refile the charges against you later.
A judge may prevent a prosecutor from refiling dismissed charges if that dismissal does not cause double jeopardy to attach. Judges may dismiss charges with or without prejudice. When charges are dismissed with prejudice, they cannot be refiled. Our Provo criminal defense lawyers will argue for any dismissal to be with prejudice.
Call Our Utah Criminal Defense Attorneys
If you are facing criminal charges, our team can help you get those charges dismissed or dropped. Call Overson & Bugden at (801) 758-2287 to schedule a free legal consultation. Our legal team has the skills and experience to fight your charges.
