In Utah, judges use sentencing guidelines as a tool, when deciding what an appropriate sentence should be. Most of the time, the court stays within those guidelines, but will be influenced by factors like:

• Prior criminal or juvenile record
• Supervision history and risk
• Crime and category

Sentencing judges are allowed to factor into guidelines criteria that worsen or aggravate the crime, and criteria that lessen, or mitigate criminal behavior.

Aggravating factors include:

• Repetitive criminal conduct
• Offender presents threat of violent behavior
• Injury to person or property was severe
• Victim was especially vulnerable

Mitigating factors include:

• Offender is young
• Crime was committed under strong provocation
• Actions taken did not cause or threaten serious harm
• Restitution is complete or nearly complete

The severity of Utah sentencing guidelines is balanced against the reality of limited resources available to the Department of Corrections (UDC). Statistics provided by the UDC currently show maximum prison capacity of just over 7,000 inmates. Current total prison inmate count stands at just under 7,000. So many convictions, so few resources.

Defendants without legal counsel fare poorly under Utah sentencing guidelines. If you are arrested, talk to a good defense lawyer. Listen closely and make sure you understand what needs to happen. Your future may depend on it.

If you are arrested on felony or Class A misdemeanor charges, you have the right to a preliminary hearing.

While misdemeanor charges are a lower offense, a conviction can lead to a jail term up to a year. When you are facing loss of liberty, fines, penalties and a criminal record, a preliminary hearing is an opportunity you cannot afford to ignore.

What happens during a preliminary hearing?

During a preliminary hearing, a judge hears argument from the prosecution and the defense. The judge then rules whether the case will proceed to trial or be dismissed.

As in an actual trial, the burden of proof during a preliminary hearing is on the prosecuting attorney. My job as a criminal defense attorney is to make that burden of proof impossible to meet. During a preliminary hearing on a Class A misdemeanor drunk driving charge, the prosecutor must prove the following:

• The alleged impaired driving took place in Utah
• The defendant was in control of the motor vehicle
• A test showed a blood alcohol concentration (BAC) of .08 percent
• The BAC rendered a defendant unable to drive safely
• Another person was injured due to negligence by the defendant, or a minor was present

A preliminary hearing gives your attorney a chance to hear and argue the evidence.When is a trial not a trial? This could be your answer: When charges against you are dismissed at a preliminary hearing.

Whatever the charges, after an arrest it’s time to take some sensible steps in your defense. The first question to ask your lawyer is, how serious are the charges you face? In Utah and most other states, the basic difference between a misdemeanor and a felony is the penalty. Penalties tend to track with the seriousness of the crime. Misdemeanors and felonies are categorized — a felony is more severe than a misdemeanor, while a Class A misdemeanor is more serious than a Class C misdemeanor like public intoxication.

Types of misdemeanors include:

• Class A: Theft, assault of a police officer and negligent homicide
• Class B: Driving impaired, possession of marijuana under one ounce and some traffic offenses
• Class C: Lack of valid license, or driving on a suspended license

Types of felonies include:

• Capital offense: Aggravated murder
• First degree: Murder, rape, possession to distribute near a school and aggravated arson
• Second degree: Residential burglary, forcible sexual abuse and car theft
• Third degree: Non-residential burglary, some types of forgery and theft and possession of controlled substances

Both misdemeanors and felonies result in incarceration. A misdemeanor conviction is served in jail. A felony time is served in either jail or prison.

While misdemeanors are lesser crimes, conviction guarantees a criminal record that may mean lost educational, employment, social and volunteer opportunities far into your future. Whether misdemeanor or felony, the more serious the crime, the more impact it has on your life. An experienced criminal defense attorney can help minimize that impact.

You could kill or seriously injure yourself or others driving impaired by alcohol or drugs.

Utah has zero tolerance for minors drinking alcohol anywhere.

You have heard it all before. You may even have seen information from the National Highway Safety Transportation Administration (NHTSA) about keeping teen and young adult drivers safe.

The fact is that impaired driving at any ageis never a good idea and always dangerous. But people still do it, especially young people. NHTSA says traffic crashes are the leading cause of death for American teens 15 through 20 years of age. We repeat the same messages over and over. We know what happens, but how do you stop your child from drinking?

Any parent knows keeping children safe forever is impossible. Parental influence only goes so far — but further than most parents think. Your almost-grown child still values your opinion, if you treat him or her like the adult he or she is becoming. The way to take care of your child as they move into the driver’s seat is to take care of the relationship he or she has with you. Your best deterrent to drunk driving is to keep tabs on your children, give them structure until they build their own and keep communication open.

There are serious penalties and consequences for drunk driving at any age.

You know it already. Keep your children safe by staying in their lives, and helping them keep theirs. And if anyone gets arrested, seek experienced legal advice before you do anything else.

Shot on location at the Salt Lake County jail, the first Utah-based episode of Jail, produced for Spike TV, aired on October 25. According to media hype, the show captures the harsh and sometimes humorous reality of what happens to criminals after they’re caught.

As criminal defense attorneys, we understand what happens after arrest, and the television show offers a look at that reality. But no one is getting their shot at stardom in front of a camera while drunk, arrested for petty theft — or worse. A recent episode caught a distraught, likely drug impaired woman assaulting a pay phone.

If a friend or relative ends up getting a mugshot or a turn on reality TV, you need to know what to do.

Depending on the charge, you may be able to arrange for bail. Bail is paid to ensure a defendant returns to court to face charges. Bonding services usually charge about 15 percent of the bail outright as a fee for their service. If the defendant does not show in court, the entire bond is forfeit, and you owe the bonding service for their loss.

Depending on viewer response, at least five more episodes of Jail are planned at the Salt Lake facility. Tune in to see what it is like. And try to make sure you are not among the cast of characters. Those who attract the cameras often do not like the consequences.

Domestic Violence Defense Lawyer

The Right Domestic Violence Attorney for your Case

Our lead domestic violence attorney, Steven K. Burton, is a former prosecutor who has handled hundreds of domestic violence cases.  His extensive experience with these cases has shown him the best strategies for winning domestic violence cases and how to avoid the hidden traps in Utah domestic violence law.  As a prosecutor, he oversaw domestic violence programs in multiple Salt Lake County courts.  As a defense lawyer, he uses his in-depth knowledge to help people facing domestic violence charges.

When you hire Intermountain Legal, you get a team of attorneys who are dedicated to defending your rights and protecting you from serious future consequences.  Because our team has experience on both sides of the legal system, we know what works and what doesn’t.  The domestic violence laws in Utah are extremely strict and can cause long-lasting consequences.  The attorneys on the other side are professionals, and without a professional on your side, you are facing a losing battle.  Our experience will help you level the playing field and give you the best chance for success.

The Challenge of Defending Domestic Violence Cases

Over the past several decades, domestic violence laws across the country have become more and more strict.  Utah is no exception.  Utah lawmakers have tried to “crack down” on domestic violence by making more laws and increasing the penalties.

Unfortunately, these strict laws have caused serious problems for more people than expected.  The laws are now so broad that people often commit domestic violence without realizing it.  If you have ever gotten upset with a family member or roommate and intentionally or accidentally broken something, chances are you’ve committed domestic violence.  Or if you have ever pushed or slapped or hit someone you lived with, even once, you could be convicted of domestic violence.

The current domestic violence laws also pressure police officers to make an arrest and file charges even in unclear or minor cases; and if they don’t, they have to justify their actions in a report.  This means that many people who would have never been charged 15 or 20 years ago, are now going to jail and facing life-long consequences for anything domestic violence-related.  If you are convicted of domestic violence today, you can lose your job, your ability to volunteer, your right to travel to certain countries, and your right to own a firearm.  The potential fines, jail time, classes, and probation can also be severe.

Contact an Experienced Attorney

If you have been charged with domestic violence, you will need an experienced criminal defense attorney on your side.  The domestic violence lawyers at Intermountain Legal deal with domestic violence cases day in and day out.  We have handled nearly every type of domestic violence case and have had great success in many courts throughout Utah.  If you are looking for a Utah domestic violence attorney who knows the ins and outs of the law, please call to speak with one of our attorneys today.   We will ensure that your case is evaluated by a legal professional with experience in handling your type of case.

If you have been charged, contact Intermountain Legal in Salt Lake City for your free consultation. We will analyze and discuss your options with you and provide valuable legal insight for your situation.  To contact a Utah domestic violence attorney throughout Northern and Central Utah, call 801-990-4200.

For additional information on Domestic Violence, see the following sections:

• Utah Domestic Violence Basics
• Utah Domestic Violence Penalties
• Utah Domestic Violence Defense

What Does Work: You see the flashing lights and hear the sirens but you know what to do. You signal, pull safely over, roll down your window and get some fresh air before the police officer arrives. You are polite, answer questions and then remain silent. You provide identification and registration. You do not take the field sobriety test. Law enforcement must have reason to pull you over — do not give them reason to arrest you.

Although you cannot decline a breath alcohol test, you can decline field sobriety testing. With luck, the police will take a pass. If not, you need to call a good DUI attorney immediately after your arrest. Remember that you have rights including the right to seek legal counsel.

Bear in mind that 75 percent of DUI cases in Utah result in a verdict or a guilty plea. DUI charges are serious — and can have a serious impact on your future. An experienced attorney can help you avoid penalties such as license suspension or revocation, vehicle confiscation, installation of an ignition interlock device and jail time — up to five years for a third offense. But you can help yourself even more by being careful to avoid DUI charges in the first place.

In prison in Oregon on charges of second-degree kidnapping, Gregory L. Seamons, was recently connected with the murder when his DNA matched material from the 1983 crime scene. Just 15 when Rebecca was reported missing, Mr. Seamons stated earlier in jailhouse interviews that he did not know Ms. Lemberger, though she lived in his neighborhood.

In a letter to the Salt Lake Tribune from his Oregon cell this month, Mr. Seamons wrote that he was fooling around with Ms. Lemberger prior to her death, but he suspected his now-dead father, Larry Seamons, was responsible for her death.

Whether 30 years or three days ago, forensic analysis is pivotal to proving the innocence or guilt of criminal defendants. Despite faded memories and the passage of years, genetic evidence lit a fire under this cold case that may prove difficult to quench.

Despite this, a good criminal defense may question laboratory procedure, examine preservation and possible contamination of evidence, offer plausible explanations for a DNA match and query the chain of possession of incriminating genetic or other evidence.

Without good legal counsel, and given his record, Mr. Seamons is in very hot water.

Murder-suicide incidents like this tragedy are becoming more frequent in Utah. Of the 33 domestic violence-related deaths in 2011, 19 were murder-suicides. The Utah Domestic Violence Council (UDVC) reminds the public that domestic violence occurs in all socio-economic and ethnic groups—and can be fatal. Domestic abuse can take the form of physical or sexual violence, emotional abuse, or financial and social control.

Warning signs of domestic violence include:

• Escalating physical violence
• Controlling behaviors
• Suicide threats
• Threats with a weapon
• Violence against children or animals

Violent behavior can be triggered by financial hardship or when one partner expresses a desire to end the relationship. Although there were no domestic abuse complaints against Jorgensen, the majority of intimate partner homicides include a history of physical abuse.

An estimated 1.3 million women are physically assaulted by a spouse or partner every year. If you or your children are in danger of domestic violence, get help. Call 911 for immediate help or the Utah LINKline at 1-800-897-LINK (5465). And contact a skilled attorney at Intermountain Legal today.

But avoiding deadly medieval-style booby traps is usually not on the agenda. An alert military-trained Forest Ranger officer who was patrolling the area noticed some trip wires and disabled two dangerous booby traps on the Big Springs Trailhead last spring before anyone got hurt.

One device consisted of a 20-pound cluster of sharpened sticks that could have hit an unsuspecting hiker in the face. The other trip wire could have sent someone sprawling onto sharpened sticks set into the ground. Shortly after the discovery, law enforcement officers arrested Benjamin Rutkowski, age 19, and Kai Christensen, 21, who confessed to installing the devices.

The young men were initially charged with third-degree felony assault, but later pleaded guilty to misdemeanor reckless endangerment. They denied that the traps were designed to injure any hikers. The lawyer representing Rutkowski described the incident as, “Just a couple of boys fooling around.”

Rutkowski was sentenced to 20 days in jail, a $760 fine, and probation for a year. Christensen received 30 days in jail, a $793 fine, and 18 months’ probation. It is not clear why the two men received different penalties. However, third-degree felony assault charges could have resulted in five-year prison sentences and $5,000 fines.