Utah Court of Appeals limits reasonable suspicion to seize defendant during traffic stop.

In State v. Duhaime, 2011 UT App 209, the Utah Court of found that an officer did not have reasonable suspicion during a routine traffic stop to detain a driver long enough to wait for a drug detection canine.  In Duhaime, the defendant filed a motion to suppress in the trial court claiming that police lacked reasonable suspicion to pull him over for a traffic violation and that the detention that occurred after the traffic stop was longer than necessary to complete the original purpose of the stop.  The trial court did not agree with the defendant and stated that the traffic stop for a burned out license plate light was valid and that the officer had reasonable suspicion to conduct a drug investigation. 

The Court of Appeals disagreed. The officer testified in the suppression hearing that he observed fast food containers, four cell phones, a map and luggage in the back seat.  He also testified that the defendant’s wife who was sleeping did not wake up for a couple of minutes after the stop.  The officer asked about the couple’s travel plans, why they decided to drive, and where they were going to stop for the evening.  The officer testified that his observations and the defendant’s responses were inconsistent or suspicious and that the defendant acted nervous.  Based on the above, the officer called for a drug canine to sniff for drugs.  The defendant refused consent to allow the officer to search the vehicle.  After the canine alerted to drugs, the vehicle was searched and marijuana was found.

The court found that the trial court’s decision that the unusual travel plans, the nervousness, fast food wrappers, and multiple cell phones do not under a totality of the circumstances rise to a level of reasonable suspicion that illegal drug trafficking was occurring. The appellate court remanded the case stating that “individuals are not so predictable, and travelers will commonly act in a variety of different and even unusual ways.  The fact that a traveler’s behavior does not conform to an officer’s personal habits or his personal assessment of normal traveling patterns and behavior does not necessarily mean that the traveler is engaging in criminal activity.” Id. at ¶21.

If you feel your Fourth Amendment right from unlawful search and seizure has been violated, contact the Utah criminal defense attorneys at RBMN to help.

A life sentence has been handed down to Brian David Mitchell for kidnapping fourteen-year-old Elizabeth Smart nine years ago, raping her, and holding her hostage for nine months. It is a story that made national headlines and the trial has been a topic of much discussion in Utah.
Prior to sentencing, Brian David Mitchell’s criminal defense lawyers made it known that they would seek a defense strategy that claimed that Elizabeth Smart wasn’t sufficiently traumatized to deserve the charges levied against him. The defense stated that she did not suffer “extreme psychological injury…since its application is directly contradicted by the testimony of Ms. Smart and argument by the government, who vigorously argued that Ms. Smart is a ‘survivor’ who has not been psychologically injured more than other victims of the offenses at issue.”
Smart served an LDS mission and has publicly stated that she has a wonderful. She amazed the public and endeared herself with the composed testimony she delivered of what happened to her during her captivity. Brian David Mitchell’s attorneys argued that they believe the way Smart has lived her life proves she hasn’t been damaged to the extent that argued by the United States government.

Advocates for victims claim that it isn’t always obvious how a victim of sexual abuse is feeling based solely on their appearance. Like any other person, psychological problems can be completely hidden from the public. These events can come back to haunt them at any time during their lives with varying degrees of intensity.
As you can see, Mitchell’s attorneys created a strategy for his sentencing based on all of the circumstances surrounding him and the case. The Mitchell/Smart case is an extreme example and most people will probably never be in a situation like this in which they will need a criminal defense. However,  Utah criminal defense lawyers at RBMN have experience defending cases of many different kinds and severities.  If you find yourself in a situation that requires a good criminal defense strategy in Utah, remember to seek good representation and that RBMN can help you create that strategy.

Richards, Brandt, Miller, and Nelson (RBMN) provides criminal defense for those dealing with drug crimes. We will develop and institute an aggressive defense strategy for you.

Drug-related crimes can follow you around forever if they are not addressed proactively when they happen. Having these crimes on your record, no matter how long ago or how much you’ve changed, can negatively affect many aspects of your life. Many employers run background checks on prospective employees, crimes related to drugs can prevent you from having the same job opportunities you’d otherwise have. But, your job opportunities may not be all that will suffer as a consequence of drug-related crimes that haven’t been properly addressed.  Your chances for potential loans and housing will also be put at risk.

In Utah, possession of a drug can span the spectrum from holding a bag of marijuana to having heroine on your person. The more of a drug you possess, the heftier your penalty will likely be. The more of the drug you have the more likely it will be that you’ll be charged with an intent to distribute. Even having less than a pound of marijuana can result in a Class A misdemeanor conviction—which can lead to a one year jail sentence, a hundreds of dollars in court costs and fees, and a $2500 fine. Even some prescription drugs and medicinal marijuana are treated the same as other illegal drugs. Those who have or abuse prescription drugs will be subject to the same laws as someone using or distributing marijuana. There are many drug-related crimes that often accompany drug convictions associated with prescription drugs, such as forging prescriptions and theft.

There are few people who haven’t had their lives touched drugs in one way or another. If you or a loved one is facing drug crimes or drug-related crimes, your life is not over. Don’t let this setback mar your future life. There is hope and you must start by seeking a Salt Lake City Defense Lawyer in Utah. You do not want to take a nonchalant approach to your defense; your search for defense in Salt Lake City should start with RBMN. Call us for a consultation to begin putting together an aggressive defense strategy today.

Popular crime shows like Criminal Investigation and COPS have helped us recognize legal terms. However, these shows fail to explain exactly what some of those terms mean. They may leave you with a vague understanding, but not as clear as someone who is seeking criminal defense representation in Utah would like.

Life is full of unexpected events. And even if you think you’ll never be “read your rights”—you just might. And if that does happen to you, a clear understanding of the Miranda rights (or warning) might be just what you need.

In the Supreme Court case of Miranda v. Arizona, it was ruled that incriminating statements elicited from suspects that have not been given the Miranda warning would not be admissible evidence in a case built against them. When the statement is given to a suspect, they are given the choice to exercise their rights or waive them. This is a safeguard to keep detainees from incriminating themselves—which is easier to do than expected when faced with charges and the emotions that go along with being accused of crimes. Those who detain suspects are not required to give the Miranda warning if they do not intend to use that person’s statements against them.
You might also be surprised to learn that there is not a set statement that embodies the Miranda warning. Instead, there are guidelines that should be followed to adequately convey the person’s rights. The guidelines are that  …The person in custody must, prior to interrogation, be clearly informed that he or she has the right to remain silent, and that anything the person says will be used against that person in court; the person must be clearly informed that he or she has the right to consult with an attorney and to have that attorney present during questioning, and that, if he or she is indigent, an attorney will be provided at no cost to represent her or him.

The typical warning goes something like this: “You have the right to remain silent. Anything you say or do can and will be held against you in the court of law. You have the right to speak to an attorney. If you cannot afford an attorney, one will be appointed for you. Do you understand these rights as they have been read to you?”

If you are in a situation that involves being “Mirandized,” remember the promise in the warning. You will be appointed an attorney or you may choose your own Salt Lake City Criminal Attorney. In Utah, RBMN has experience in defending people in white collar crimes, probation violations, aggravated assault, and much more. Do not take your rights lightly.

Many of us have received that piece of mail – a summons to jury duty. When you get the request to appear before the representation (prosecution and criminal defense) for the parties involved, you start to think of excuses of how to get out of it. You wonder how you’ll replace the income that you’ll lose.
 
The truth is that it is a Constitutional right of every accused American citizen to be judged by a group of their peers (the jury). It is part of what makes our country great. It is, in fact, likely to be one of the most important civic duties that you can execute. The Jury and Service Act defines the qualifications that a person must meet to be initially selected for jury duty.

There are two types of juries that American citizens can be involved with: petit and grand. Petit juries in civil cases are composed of 6-12 people, judge the evidence and testimonies presented, and determine punishment. Petit juries in criminal cases are made up of 12 people and judge the evidence and testimonies presented. However, in criminal cases, judges usually carry out the sentencing. In both cases, jurors are allowed to deliberate in private.
Grand juries are utilized for more specific reasons and are usually comprised of 16-23 members. Jury members listen to evidence from a United States attorney, and determine if there is “probable cause” to put a defendant on trial. If there is, an indictment is issued to the defendant. None of these proceedings are open to the public.

Those who are selected for jury duty are financially compensated $40 per day. If the length of time your service is required increases to a certain number of days, compensation is $50 per day. Federal employees continue to receive the same rate of pay they would receive as if they were at work. Alternatively, your employer may choose to continue paying while you execute your civic duty, although they are not required to. However, it is against the law to fire or punish you for fulfilling jury duty.
Most of us think of ourselves as good, upstanding, law-abiding citizens. Unfortunately, there is always a possibility that you will require the services of a criminal defense lawyer in Utah. Nobody is immune to prosecution. Your case may or may not go to court and require the services of a jury. However, if it does, selection of a jury that will judge the evidence, and possibly determine punishment, from the point-of-view of a portion of the population that you belong to—your peers—is of the utmost importance.

So, next time that summons to jury duty arrives in the mail, remember that you are being asked to fulfill a role that is of high value, but often denigrated.  You can make a huge impact in the lives of people in your community, who may, in turn, be summoned to do the same for you one day.

Most of us can remember the days of Napster. At first, it was a novelty, not to mention fun –and free—to download music MP3s. But then it all changed, Napster collapsed after being sued by Metallica and other artists for illegally sharing their music.

Copyright infringement, peer-to-peer file sharing website, torrent clients, iTunes, are all terms that we also hear on a regular basis. Most of us know there are plenty of ways to download music, movies, and television shows in the blink of an eye. But many of us don’t know that some of these distribution channels are legal and some aren’t. If you aren’t aware of what you are doing the ramifications of these actions can land you in legal trouble and in need of a criminal defense lawyer for internet crimes.
If a copyright owner, or their representatives, discovers that you have illegally downloaded or distributed their materials they will contact your internet service provider (ISP). Your ISP will, in turn, notify you of this and may take action by terminating your internet connection. The copyright owners may request information about your downloading activity and then take legal action against you. If you have a wireless internet connection that is not secured by password, or secured well enough, anybody can use your network to download—legally or illegally. And you can be held responsible, even if you don’t know who did it.

Recently, KSL reported that a West Valley woman was notified that she was being sued for illegally downloading pornographic movies – a deed she didn’t commit. She was among nearly 6,000 defendants in a single lawsuit, including others from Utah. She also doesn’t know who committed this act.
To guard against falling prey to illegal downloading and to prevent unauthorized users from taking advantage of your wireless internet network, make sure you’re aware of all the legal ways to purchase media and securing your wireless network.
In this electronic age, your chances of needing a criminal defense lawyer for illegal downloading are increasingly high. If you find yourself in this situation, be sure to choose representation wisely.

Utah carries tough laws for those convicted of driving under the influence (DUI). Those who choose to do so risk being charged with not just a DUI. Driving over the limit means that the blood contains more than 8% alcohol, also called the BAC. There are two laws in place to ensure that those who don’t have the required level of BAC for a DUI will still be penalized.


Driving under the influence of anything, whether it is alcohol or drugs, is extremely dangers. It negatively effects how quickly your mind and reflexes can respond. The Utah Department of Public Safety has published a table that shows how increasing BAC levels correspond to increasingly impaired driving. Alcohol affects each person differently, depending on age, gender, weight, other medications and drugs, and how much food the person has eaten. Nobody can accurately judge their own BAC. That is why it is never safe to drive after drinking. In addition, you can be convicted of a DUI even if you are able to walk a straight line and pass other tests. If it is proven that you have any level of BAC, it is possible for a DUI conviction.


A DUI conviction will suspend your license. Without representation from an experienced Utah DUI Attorney, you can face a suspension of your license, jail time, and hefty fines. At RBMN, we have quantifiable experience to help soften the blow of a DUI. We’ll begin with utilizing our skills and knowledge to help you defend yourself in front of the Drivers License Division of the Department of Motor Vehicles.  Read more about RBMN and our Utah Criminal Lawyers and how we can be trusted to help you overcome a DUI charge.


Obviously, the best form of defense is to not drive while under the influence—ever. Unfortunately, everyone makes mistakes, and sometimes good people end up with a DUI conviction.

You already know that becoming a lawyer is both a test of knowledge and character. Like doctors, all representation is not necessarily the same. Even though doctors go to medical school and pass through years of grueling testing of their skills, they are still not all equal. Experience and track record are an important indication of whether someone can be trusted with your life in their hands. And so it goes for legal representation. Choosing an attorney that fits your need is just as important of a decision. You will trust your representation as implicitly as you trust your doctor.

A quick Internet search for Utah criminal lawyers will yield an overwhelmingly large amount of results. Luckily, there are some guidelines that can help you:

Referrals
Just as you rely on your friends, family, and coworkers to refer you to mechanics, accountants, and good restaurants, you should also ask them if they have used a defense attorney in Salt Lake City and whether they liked them. Likewise, if you know any non-criminal defense lawyers, you can ask them to refer you to a good local criminal defense lawyer.

Local Bar Association
The Utah Bar Association provides an online public service to help you find any kind of legal representation in Utah. Their LegalMatch partnership can help you find a pre-screened lawyer that is a good fit for you.

Price
Before you go to a lawyer’s office, be sure to understand whether or not there is a cost associated with the initial consultation. Some criminal defense lawyers in Utah charge and some do not. During that initial consultation, ask for an estimation of the costs. Also understand that you will be responsible to pay fees, which are different from costs, which are associated with your case. Fees to file and process are part of the total cost.

List Your Questions
When you visit a doctor, it is always a good idea to have a list of prepared questions that you’d like to ask. This is also true for when you consult with your potential defense attorney. The consultation with an attorney, or any other professional, can be nerve wracking and it can be easy to forget important questions that you want to ask.  Inquiries about experience, expertise, and time frame are very important and specific to your situation. Write these questions down before your meeting so that you can become armed with the information you need to choose your representation.

No one in Utah is immune to prosecution and may need help from a Utah criminal defense lawyer. The law professionals at Richards Brandt Miller Nelson are available to help when that need arises. But how do you know that you can trust our Utah criminal defense lawyers?

The law is defined by Webster’s Dictionary as “a rule of conduct or action prescribed or formally recognized as binding or enforced by a controlling authority.” Lawyers are defined as “one whose profession is to conduct lawsuits for clients or to advise as to legal rights and obligations in other matters.”

Initial Appearance:

Felony defendants are usually brought to federal court in the custody of federal agents. If a defendant has not yet been indicted, the charges against the defendant will be brought in a criminal complaint. The criminal complaint is accompanied by an affidavit that summarizes the evidence against the defendant.