Interference With Water Flow | St. George Defense Lawyer

Water Law Crimes in Southern Utah

Water in St. George and the rest of Southern Utah is a precious resource.  Living in a desert is hard but because of technological advances and infrastructure developments, the St. George area can thrive like an oasis in the desert sands.  Residents of Washington County and the surrounding Southern Utah area can use water on a daily basis without even realizing the difficulty of getting it to them.  Just as important as home consumption, farming uses of water has also contributed to the development of Southern Utah.  Extensive irrigation has allowed farmers to turn the dry and arid climate into one capable of sustaining life.  Water is so important that the Utah state legislature has enacted legislation to protect the flow of water to those authorized to use it. A violation of the law can result in a misdemeanor or felony charge.  Since penalties can be harsh, people accused of interference with water flow needs to call a St. George criminal defense lawyer.  A lawyer can protect you from all types of property crime charges.

Interference with Water Flow

Utah law says that “Every person who knowingly or intentionally interferes with or alters the flow of water in any stream, ditch, or lateral while under the control or management of any water commissioner is guilty of a crime.”  The statute is written broadly enough to include many different types of behavior regarding water.  There is no volume requirement so even the slightest altering of a stream could result in a criminal charge.  Though water in a stream, ditch, or lateral must be under the control or management of a water commissioner, most water ways are so it is hard to find a water source not affected by a commissioner.

Interfering with a water flow may seem like a stupid or petty crime but the legislature does not consider it one.  This crime can be charged as a third-degree felony if the value of the water diverted or property damaged is $2,500.00 or greater and the person being charged has previously been convicted of violation the same provision.  A felony can result in prison time and monetary fines so it is important for those accused to contact a St. George criminal defense lawyer.

Call Us Today for Criminal Defense Help

Though interfering with water flow doesn’t seem like a serious crime such as an assault or sex crime, it can still result in penalties as harsh as something like a violent crime.  If you have been charged with interfering with water flow contact a St. George criminal defense lawyer from St George Criminal Defense Lawyer.  Our attorneys will protect your legal rights and will fight to keep you out of jail.  Call 435.215.1101 to set up your free consultation today.

New Years Eve Parties | Keep it Legal

With a major party day around the corner it is important to remember to be reasonable in your party activities. Some of the major offenses committed on this day of celebration is DUI, Public Intoxication, and Criminal Mischief. While we all want to have a good time this holiday season please don’t do it at the expense of others or at the expense of your future. Criminal charges can cause serious consequences in your life and can result in lost opportunities. If you do incur charges because of a mistake you made or because you weren’t thinking then make sure you get the help of an attorney. Whether or not you think your guilty it is important to get the help of an attorney to better understand the law and the consequences.

Utah DUI Laws

One of the most common crimes committed on a big party holiday is drunk driving. People think they can either get away with it or justify it as not being that bad. However, the state does think its bad and law enforcement is usually increased on occasions such as New Years Eve to try and make sure that drunk drivers are kept off the streets so everyone can be kept safe. The best idea is to have a plan going in on how you are going to get home safely without exposing yourself to the risk of injury or criminal charges.

Southern Utah Criminal Defense Attorney | Protecting Your Rights

If you have been charged with a crime such as DUI or any other then it is important that you get experienced legal help immediately. The attorneys at St George Criminal Defense Lawyer can help you understand the legal process, protect your rights, and get the best outcome available to you. Call or email us today to set up a free consultation.

Shoplifting During the Holidays | St. George Retail Theft

Shoplifting Attorney in Southern Utah

Shoplifting during the holidays dramatically increases in Utah and nationally across the board. Stores this year have already experienced a significant increase in retail theft cases. Many believe this is due in part to the tough economy. Historically, thefts rise about 25% following Thanksgiving and through the end of the year. What is also interesting is the fact that the rise in stolen items comes mostly from adults than younger people. While many believe that teenagers and younger people are primarily responsible for the majority of stolen items, the truth is that adults make up the majority of individuals charged for these types of crimes. Additionally, it is not just men who are caught taking items from stores. Many statistics reveal that men and women are charged about equally

Typical Stolen Items

This year so far, the number one reported stolen item has been the Gillette Fusion Razors. The reason for this may be the cost combined with the small packaging which makes it relatively easy to take. Stores have now been locking up their razors to help prevent this. Many other items are stolen during the holidays including everything from candy and food, to higher priced items like ipods and other electronics. Recently, there have been several reports throughout Utah of items being stolen from off people’s front porches. Packages which are delivered and left on the property are being taken by drive by thieves.

St. George Retail Theft Lawyer

A St. George retail theft lawyer at our local law firm can help protect your rights and represent you through this difficult process. If you have been charged with stealing, you are not alone. Hundreds of people in Utah are charged each month with these types of crimes. Call us now to get started on your defense. You can reach us 24/7 at 435-215-1101. We look forward to your call.

Man Charged with Lewdness After Hot Tub Incident

Hot Tub Nudity Leads to Charges | Sex Crimes Criminal Defense

A Lindon man was cited over the weekend for Lewdness after he apparently decided to enjoy the hotel hot tub while nude. The man, who is 73-years-old, was seen by a boy and his father as he approached the hotel hot tub, disrobed and then was allegedly seen to be pleasuring himself while naked in the hot tub. The police obtained the hotel security camera, and then arrested the man. He has since posted bail but has been charged with one count of Lewdness involving a child. The police said that the do not believe that drugs or alcohol were involved in the incident.

Utah Lewdness Laws

In Utah Lewdness is a very broad crime, and is divided into two separate categories, general lewdness, and lewdness involving a child. The only difference of course between the charges is that one occurs in the presence of a child, or involves a child in some way; the age limit for this is under the age of 14. The general elements of lewdness are committing an act of lewdness in the presence of another. This offense is so broad and hard to define because the word “lewdness” is actually used in the definition of the crime. Making this circular logic very difficult to understand.

St. George Criminal Defense Attorney | Southern Utah Lewdness Charges

If you or someone you know has been charged with the sex crime of lewdness then it is important that you contact a lawyer. Sex crimes carry serious consequences even outside of the legal arena because of the negative effect a sex crime charge can have on a person socially. With the help of an attorney you can be sure that your rights are protected and that you will be able to obtain the best outcome available to you. Call or email us today to set up a free consultation.

 

Marijuana Possession Defense Attorney | Southern Utah

If you have been charged with marijuana possession in Southern Utah, you need to speak with a defense attorney as soon as possible to ensure you understand the law, your potential defense, and the penalties you may be facing for you charges. From Beaver and Fillmore, to Cedar City and St. George, we defend people who have been pulled over and charged with marijuana possession and paraphernalia. We know that people are pulled over frequently without any just cause by the police. In many cases, the police profile drivers and pull them over just because they believe they will find pot or other drugs in the vehicle. You have rights on the road, we can help defend those rights and represent you when you have been unjustly charged with marijuana, prescription drug, or other related crime.

Consent to Search

When you are pulled over and you do not give your consent to an officer to search your vehicle, the officer must have probable cause to believe a crime is being committed in order to search the vehicle. Often, the police will simply state that they smell marijuana in the vehicle or come up with some other reason to do the search. In some cases we are able to show in court that the police lacks the probable cause necessary to do the search and we successfully have evidence suppressed and on occasion the case is dismissed entirely. Contact us to learn more about what a St. George criminal defense lawyer in our office can do for you.

Marijuana Paraphernalia

We have seen officers charge people with paraphernalia for almost anything associated with smoking or storing marijuana. The most common types of paraphernalia charges often include a marijuana pipe. However, we have seen cases where the police charged our clients for paraphernalia for minor things such as baggies or papers.

Drivers License Suspension

One of the most significant penalties you should be aware of is the fact that if you are found guilty of possession or paraphernalia, you could lose your license for several months. For more information, call and speak with a marijuana defense attorney at our law firm today. You can reach us during normal business hour or after hours anytime at 801.215.1101.

Know Your Rights When You Are Pulled Over In Southern Utah

You Have Rights During a Traffic Stop

Getting pulled over while driving happens to virtually everyone at some point in their lives.  It may be for a simple infraction, like speeding, or a more serious offense like driving under the influence of alcohol or drugs.  Whatever the reason a police officer pulls a person over, it is important for the person to understand the rights he or she has when confronted by police.  There are many rights a person has when interacting with police, and if the police violate those rights, it may be possible for a St. George criminal defense lawyer to keep damaging evidence obtained by police out of court.

Don’t Tell Police About Your Marijuana

One of the most important rights an individual has when confronted by police officers is the right to remain silent.  Many people have heard this phrase before on television shows but few understand what it actually means.  Being able to keep silent means you don’t have to answer any police officer’s questions.  You do have to obey orders such as an order to exit a vehicle or to provide car registration.  Questions can be ignored though.  For example, after being pulled over, if an officer asks where you are heading or what you are doing you do not have to answer.  You can either not say anything or reply that you don’t want to answer.

Police will try to exert pressure to get you to respond but you are under no obligation to speak with the officer.  In fact, you should avoid conversation with the officer because your answer to questions may later be used against you in court if the situation turns into a criminal offense.  For example, if an officer asks if you have marijuana in your car and you respond yes, not only is that a confession of a crime but it gives the officer probable cause to search your vehicle.  Your statement of marijuana possession and the search of the vehicle based on your confession can both be used against you later in a court proceeding.  It is important for anyone, with or without marijuana in their vehicle, to not respond to officers questions but to call a St. George criminal defense lawyer.

Only Speak to Police with a St. George Criminal Defense Lawyer

If you have been pulled over in Southern Utah and a marijuana or other drug possession bust happened as a result of the traffic stop, contact a St. George criminal defense lawyer from St George Criminal Defense Lawyer.  A SLF attorney will fight to ensure your rights were not violated by Southern Utah police.  If the police ever want to talk to you about any criminal investigation, don’t speak with them without a St. George criminal defense lawyer.  For a free consultation with an attorney today, call 435.215.1101.

Statewide DUI Blitz

UHP Makes 64 DUI Arrests

Over the weekend Utah Highway Patrol along with local law enforcement made a big push to limit the number of intoxicated drivers on the roadways. According to those in charge of the operation, more than 100 additional troopers were on duty over the weekend patrolling state roads. This increased effort is set to continue through Halloween night, due to the party like nature of the holiday. 64 arrests were made over the weekend for DUI offenses and while authorities are happy with their work they maintain that their goal is zero fatalities and ultimately getting to a point were no arrests are necessary.

Utah DUI Laws

In Utah, DUI’s are treated as a very serious offense, even though in most cases no one was harmed. Public safety concerns are the grounds for the DUI statutes and regardless of actual harm caused the legislature has decided that as a society we want to keep drunk drivers off the streets to keep us more safe. Especially at a time of year like Halloween when there are kids all over the streets, it is important to keep our roadways safe. A DUI charge can range from a class B misdemeanor to a felony, and although you don’t have to cause harm to be guilty of a DUI if you do in fact cause harm you could be facing a third degree felony or a charge of automobile homicide if the person dies.

Southern Utah Criminal Defense Attorney | DUI Defense

If you have been charged with a DUI then it is important you get experienced legal advice. The attorneys at St George Criminal Defense Lawyer have helped hundreds of DUI clients and know how to get you the best results possible. We offer free consultations and can help answer all of your questions with no cost to you. Call or email us today to set up an appointment.

IWorks Owner Charged with Fraud | St. George Fraud Defense Lawyer

Many of the residents of St. George are familiar with the local internet affiliated marketing company known as IWorks. Over the summer months, the IWorks owner, Jeremy Johnson has come under fire from the feds for his business of marketing grants and business opportunity products through alleged illegal means. Specifically, Mr. Johnson has been under investigation by the Federal Trade Commission (FTC) and other federal and state authorities for charging numerous credit cards for amounts never agreed to by the consumers through a process known as negative option billing.

The FTC alleges that under the negative option billing method, IWorks, and many other affiliate marketing groups in Utah, would charge internet consumers for access to educational databases to learn how to obtain grants for an upfront fee of $1.99 or some other type of small token amount. The consumer would later be charged much more than that each month unless they contact the company to cancel. The terms were buried in fine print and purposefully concealed to some extent from the consumer. Most customers had no idea they would be charged hundreds of dollars later if they did not call and cancel the membership they did not realize they were purchasing. Last June, the U.S. Attorney’s Office stepped in and brought at least 1 charge of mail fraud against Mr. Johnson and his entities. Mr. Johnson has been accused taking millions of dollars from consumers and his assets have been seized and auctioned off. Mr. Johnson is now involved in a law suit with the auction managers regarding the sale of certain items of his property.

St. George Fraud Defense Lawyer

A St. George fraud defense lawyer at our law firm can help. Many individuals in Utah are engaged in affiliate marketing, advertising, and similar companies such as coaching and telemarketing. We understand these industries and have represented individuals involved in fraud charges. At our law office, we represent individuals who have been charged with all types of fraud whether that be mail fraud, mortgage fraud, or any other type of white collar crime in Southern Utah. We have experience in dealing with the types of crimes Mr. Johnson is facing. We understand that not every individual charged with these types of crimes, especially in cases involving the FTC, are guilty. We understand the unique issues involved with industries like affiliatemarketing, coaching, and telemarketing. We offer free consultations and are available on call at all hours. Speak with a Southern Utah criminal defense lawyer now at 435.215.1101.

St. George Man Accused of Elderly Abuse

Resolution Likely in Case Over Abuse of Grandmother

Earlier this year Keith Dunn was arrested for allegedly beating his 87-year-old grandmother. The woman had gone to Dixie Regional Medical Center for treatment and the hospital notified investigators of suspicious injuries. Dunn has been living with his grandmother and acting as her caretaker. He denied the allegations to police but was later arrested on suspicion of aggravated abuse of a vulnerable adult. Since his arrest Dunn has been charged and is now looking for a resolution in his case. The court has set a resolution hearing for today and it is likely that Dunn will be pleading guilty in relation to a plea agreement.

Utah Aggravated Assault Laws

Under Utah’s criminal code assault is defined as an act, attempt, or threat of unlawful force or violence to do bodily injury to another. The crime of aggravated assault is a separate offense, however, and is defined as an assault that involves a dangerous weapon or other means or force likely to produce death or serious bodily injury. A charge of aggravated assault is a third or second degree felony depending on whether or not the person was in fact seriously injured. In the case of Keith Dunn, he was charged with Intentional Aggravated Abuse of a Disabled or Elderly Adult, which is like an aggravated assault charge against an elderly person, and it is a second degree felony.

St. George Criminal Defense

If you have been charged with an assault or some other violent crime then you can be sure that the prosecution is going to play tough with you. Violent crimes are one of the main reasons for criminal justice and it is important that you do all you can to fight the charges because no one is going to go easy on you. For more information on how to protect your rights call St George Criminal Defense Lawyer and set up a free consultation with one of our experienced criminal defense lawyers.

 

DUI Attorney in Southern Utah | Drunk Driving Defense

A DUI attorney in Southern Utah at our office can help you put
forward the best drunk driving defense possible to help ensure you rights a
protected through this difficult process . Drinking and driving charges carry
potentially sever penalties. Statistically speaking, you are much better off
with a DUI defense lawyer than trying to maneuver through the court system by
yourself. At our St. George Utah law firm, we offer reasonable prices and payment
plans for those who have been arrested for alcohol related crimes so there is
no reason not to get a member of out team on your case today.

DUI Laws in Utah

When searching for the advocate who can best take on your case,
make sure your attorney has a keen understanding of the DUI laws in Utah. At
St George Criminal Defense Lawyer, we know what it takes to defend you in these types of cases.
Whether you are facing a traditional alcohol related DUI or a drug related DUI
(metabolite), we know the science and the law and will work hard your behalf to
ensure you are treated fairly. When you are arrested for driving under the
influence of alcohol or drugs, there are very specific procedures the police
should follow when conducting their investigation and testing you for impairment.
In almost every case, field sobriety test will first be conducted by the
investigating officer followed by a portable breath test and eventually an
intoxilyzer test. In many cases, the police will ask to draw your blood. In all
cases, the police have to follow certain guidelines in collecting evidence
against you. We understand these processes and can determine whether or not the
police did everything right, or if they made mistakes.

Speak with a St. George DUI Lawyer for Free

Cited for DUI? We can help. A St. George DUI lawyer at our office
can guide and represent you through your case anywhere in Southern Utah, from
Fillmore to Cedar City, Ivins, and everywhere in between. We are available
anytime by phone or email. Call us 24/7 at 435-215-1101.