When you purchase anything—whether it’s as big as a house or as small as a laptop—you expect it to be yours forever. After all, the U.S. Constitution ensures that your property is protected. Only guilty people should have their assets taken away.

You might be surprised by the most common crimes in Utah. The good news is the Beehive State is a fairly safe place to live, especially when it comes to homicides. In 2020, it ranked in the bottom ten for murders. 

In Utah, the government has the right to take away your property that was used in a crime in a process called asset forfeiture. For example, if you are charged with trafficking drugs, the vehicle you used to transport illegal substances can be taken away. In most outcomes, that vehicle is no longer yours. It’s the government’s. 

Domestic violence is a big problem in Utah. About one in three people have experienced it. That includes both women and men. If you know 600 people — the assumed average according to research — you probably know 200 people who have been victims of domestic violence.

If you are charged with a crime, that does not mean all hope is lost. The United States Constitution has given you the right to defend yourself, so you are not considered guilty from the get-go.

When you think of theft, you might imagine someone stealing physical property–a car, money, or merchandise. There’s another type of theft that’s sometimes forgotten until it happens to you.

We tend to think of police officers as the good guys, defending the streets from lawbreakers. They have an important job to do, though it’s often stressful, dangerous, and thankless. Police officers are part of the reason we feel a sense of security and safety on a daily basis. For that, they deserve our respect.

When a loved one is arrested, it’s difficult for everyone in the family, but it can be a nightmare for the one behind bars. Fortunately, there are some simple things you can do to support inmates in Utah to make their days a little brighter.

As a society, we can forget that the men and women in U.S. prison systems are our parents, siblings, relatives, colleagues, friends, and neighbors. They face a wide range of charges and sentences. Some come from difficult childhoods. Others battle addiction or are serving time for a lapse in judgement.

On the surface, fraud cases might seem straightforward. According to the Association of Certified Fraud Examiners, it is “any activity that relies on deception in order to achieve a gain.” In other words, if you try to take money or property away from either a person or an organization, and you lie to do it, you are committing fraud.

Have you ever wondered how criminal defense lawyers influence the laws? Individual cases influence the law all the time. Expert defense lawyers use their representation to help protect their current clients and expand the rights of people accused of crimes in the future.

THC (tetrahydrocannabinol) concentrates are concentrated extracts from the marijuana plant. Some of the street names include "dab," "wax," and "shatter." These concentrates deliver a higher percentage of THC than a marijuana plant alone. Some concentrates are also named after the way the THC is extracted. Butane hash oil (BHO) uses butane to extract the THC and concentrate it. While there are some legal ways to use or possess THC concentrates in Utah, it is commonly used illegally in e-cigarettes or incense.

Let’s say you were stopped on a city street or highway in Utah. Whether you know you committed a traffic violation or have no idea why you were stopped, the fact is still the same: you have rights when you’re interacting with law enforcement in Utah. The more you know about your rights, the better your situation will be, especially if you are wrongfully accused or coerced into saying or doing something for which you have the right to refuse. Here are six things you should know about your rights in Utah. Keep in mind, that these are general guidelines that may vary with each situation.

In Utah, the Medical Cannabis Act allows individuals to acquire, use, and sell cannabis legally for certain medical conditions. While it’s legal to use cannabis under this act, there are still plenty of details within the law that may affect those who have a legal right to use cannabis in the state.

The crime of money laundering involves the act of transforming money made from illegal activities or corruption into assets that appear legitimate. Prosecutors have to prove that the money was actually obtained illegally or through corruption, which means there can be room for an experienced defense team to protect against weak and unwarranted accusations.

Staci joins the defense team as an experienced criminal defense and appellate attorney.

In Utah, not all courts are the same. In fact, there are four specialty courts that work with defendants to help them find alternatives to incarceration and/or a reduction of charges. Specialty courts are mainly for those who have substance abuse issues or a mental health diagnosis. These courts work with defendants to reduce the possibility they will commit crimes in the future. This includes court-ordered requirements such as treatment and classes.

In Utah, automobile theft is classified within the broader theft and robbery laws. However, stealing a car has its own penalties. For example, stealing property that is valued between $500 and $1,500 is considered a class A misdemeanor and the punishment could be up to 364 days in jail and/or up to $2,500 fine. BUT if the property stolen is a car, even if its value is less than $1,500, the crime is automatically considered a second-degree felony. And that could mean one to 15 years in prison and up to $10,000 in fines. So, whether someone steals a 1988 Honda Accord or a 2022 Tesla, the punishment is the same. There is no differentiation in the law for the value of the vehicle. If you steal a car, you steal a car, and that’s classified as a second-degree felony. 

No one wants to get arrested, and many people think they won’t ever get arrested. However, it’s impossible to predict if you will get arrested, even if you are innocent. Sometimes people are just in the wrong place at the wrong time. According to the Utah Department of Public Safety, there were over 75,000 adult arrests and 8,000 juvenile arrests in Utah during 2020. You can think of that as more than 80,000 reasons to know what to do in case you get arrested. So here are five things you should do if you find yourself in the unfortunate situation of getting arrested in Utah.

If you are charged with reckless driving, you’ll be getting more than just a traffic ticket from the officer who pulls you over. The crime of reckless driving in Utah is considered a class B misdemeanor, which means if you are found guilty, you could face a fine of up to $1,000 or up to six months in jail. But what counts as reckless driving?

Revenge porn is a relatively new phenomenon that refers to the practice of distributing sexually explicit photographs or videos without the consent of an individual featured in the images. Utah has been one of the leading states in criminalizing the distribution of intimate images, otherwise known as revenge porn.

Since the drinking age is 21, but you are considered an adult for most things in the eyes of the law at age 18, there are a lot of legal issues you may find yourself dealing with if you choose to drink in high school or college.

The Utah Legislature meets for 45 calendar days (starting in January and ending in March) each year for the legislative session. Hundreds of bills* are proposed to change Utah’s laws. While many of the bills proposed and laws passed don’t deal with criminal matters, we keep an eye on the ones that do and how they might affect the rights of Utahns who are charged with crimes.

We live in a world where almost everything involves computers, so the Utah legal system has established a set of classifications and punishments for various computer crimes. In general, a computer crime interferes with the normal operation of a computer system. This includes things like hacking or even attempting to access a computer to change, steal, or copy information or settings. The law also prohibits ransomware, denial of service attacks, phishing, and spyware.

As you might imagine, Utah’s drug laws are conservative and punishment for drug crimes can be harsh. Whether you are charged with something simple like possession, or something more serious like cultivation, distribution, or trafficking, it’s important that you have an experienced lawyer to make sure your rights are protected.

Hiring a defense lawyer isn’t just for people who have committed or been charged with a crime. While an experienced and dedicated defense lawyer can help you fight for your rights if you have committed a crime, there are also plenty of other circumstances where you should consider hiring a defense lawyer. Below are a few examples of how defense lawyers can help you navigate tricky situations.

Assault charges can carry serious penalties in the state of Utah. If you have been accused of or charged with assault, it’s important that you understand the laws as well as your defense options. Whether your charges are for a misdemeanor or felony, you want an experienced and knowledgeable Utah defense team working for you. The lawyers at Brown, Bradshaw & Moffat are here to help.

If you have been charged with a crime, choosing a defense lawyer to represent you can feel overwhelming. How do you know who will have your best interest at heart? How do you figure out who will help you get the best outcome for your case? Let us make the decision easier for you.

A judge may help a minor with rehabilitation outside of a detention facility by ordering probation. In the juvenile courts, probation lets minors who have been ruled delinquent serve time for their actions in their own home. Here are five questions parents might have about juvenile probation and house arrest in Utah.

Whether you have a short temper or a relatively long fuse, once you’re angry, you’re more likely to do something you’re going to regret. Anger can cloud your judgment, making it more difficult to control your actions. In fact, Psychology Today recommends that you think of anger as an intoxicant like alcohol because it alters your mental state and leads to actions you wouldn’t normally do.

Whether you are applying for a job, a volunteer opportunity, a place to live, or even to adopt a child, you may be requested to share your criminal history. This can be scary if the crimes of your past no longer define who you are today. It’s natural to worry what might still be on your criminal history and how the person requesting it might interpret the information. Below are some questions you may have if you need to provide a criminal background check and what to do if you need help challenging the results or expunging your record.

Whether you destroy a valued possession of a partner in a domestic dispute or deface public property as part of a protest, you could be charged with criminal mischief. Additionally, destroying your own property for insurance money or recklessly causing a substantial interruption to structures like public utilities, health care facilities, or government operations is also considered criminal mischief.

With tensions rising in seemingly every area of life, it’s not a surprise that criminal charges for hate crimes have also increased. According to statistics from the FBI Uniform Crime Reporting (UCR) Program, there were 46 hate crime incidents in Utah in 2020. In 2019 there were only 18. One of the major factors in determining whether a crime is charged as a hate crime is intent. Fighting against accusations based on your intent can be difficult, but the expert criminal defense lawyers at Brown, Bradshaw, and Moffat can help. Below are three questions you may have about hate crimes and the associated charges in Utah.

After you’ve been charged with a crime and hire a lawyer, you will likely have questions about how much it will cost to defend your case. At Brown, Bradshaw & Moffat, we will do everything we can to ensure you receive professional representation at a fair rate. Here are a few common questions you may have about paying for your legal defense and how we handle payments at our office.

If you are the subject of a federal crime investigation, chances are you won’t know until the prosecution has already gathered most of the evidence. You should find an experienced lawyer to defend you quickly, because once federal agents have gathered their evidence, they will try to get a confession out of you. Your best rule of thumb is to use your right to remain silent around any federal officers because they may use what you say at any time as a confession.

In many cases, you may not know that law enforcement has been working on a criminal investigation against you until they show up with a search warrant. This means your home or place of business—and the people living or working there—could be subject to a stressful, unexpected situation.

When it comes to the laws governing the roads in Utah, most of the time a crime such as speeding or rolling through a stop sign will only result in an infraction and a fine. However, there are situations and circumstances where traffic crimes are more severe and are classified as a misdemeanor or felony. Here are eight Utah traffic crimes that are more severe than an infraction.

No one wants to be remembered by the mistakes they made as a child. In Utah, it is possible to expunge (seal) your juvenile record if you meet certain eligibility requirements. Properly expunging a juvenile record means that your earlier juvenile court proceedings are considered never to have occurred.

For defendants in federal cases, an important part of the criminal sentencing process is the presentence investigation. The investigation becomes a report that helps the legal system determine anything from the length of a sentence to the facility where the sentence is served.

If you have been charged with a crime, the last thing you want to do is commit another crime in the process of your criminal procedure. There is a whole world of crimes that can be committed in the process of working with the government through your criminal procedure. Below are only summaries of the Utah code. For the full details of each offense, you can visit the offenses against the administration of government section (76-8-5).

Utah is one of the states that have both a lifetime and limited requirement for registration on the Sex and Kidnap Offender Registry. This means that there are various circumstances and timelines under which an individual may be eligible for removal from the registry.

Sexually motivated crimes carry serious penalties—not the least of which could be a lifetime dealing with the strict rules of the sex offender registry. With so much on the line, it’s important to know the laws in Utah around sex crimes. Here are four things you should know about sex crimes in Utah.

White-collar crime isn’t just insider trading and money laundering. There are a lot more crimes that qualify as white-collar crimes. This is especially important to know in Utah because Utah was the first state in the U.S. to create a public white-collar crime offender registry. It works like a sex-offender registry, where users can view who has been charged and convicted in the past ten (10) years of certain white-collar crimes. Below are 9 crimes that could land you in trouble with the law but also on the white-collar crime registry.

The state of Utah has specific laws around electronic communication harassment. While there are many ways to harass someone with electronic communication, the crime most commonly known is cyberstalking. Since cyberstalking can happen anywhere, it’s important to keep in mind that a person who is guilty of the crime can be subject to prosecution in the jurisdiction where the communication originated or was received. Here are four things you should know about cyberstalking and the potential consequences associated with the crime in Utah.

Even if you have been charged with what you feel is minor damage to property, law enforcement has plenty of tactics to investigate and prosecute property crimes and give punishments that seem more severe than the crime. This is partly because it’s common for law enforcement to use the criminal justice system as a collection agency in civil disputes. Additionally, many cases of property crime stem from a dispute about property rights and overexaggerated accusations, so proving guilt isn’t always straightforward. This is why it’s important to have an experienced lawyer go through your case. If you have been charged with a property crime of any severity, there are options available. There are other options than just pleading guilty.

It is difficult when a family member or friend leaves to serve a prison term. However, there are ways to make the experience better for both you and your loved one while separated by prison walls. Supporting incarcerated loved ones is a great way to help them not only endure their sentence but find ways to learn and grow from it. Here are seven ways you can support a family member or friend who is serving a prison sentence in Utah.

Whether you have been charged, indicted, arrested, or you are (or believe you are) under investigation for any crime, you should learn as much as you can about the potential punishments and penalties you may face if you’re convicted in Utah. This post is a quick and easy way to learn more about the basics of criminal penalty laws and sentencing. The best thing you can do if you are in legal trouble is to contact an experienced defense lawyer and go through all the details of your case.

In 2020, violent crimes in Salt Lake City increased by more than 20 percent according to the Salt Lake Police Department. While there are likely many reasons for the increase, it’s no surprise that the pandemic hasn’t helped. Tensions are running high and people may find it more difficult to think before they act. If you are dealing with criminal charges for a violent crime, the lawyers at Brown, Bradshaw, and Moffat can help you protect your rights throughout the criminal process.

According to the Utah criminal code, manslaughter is one of many types of criminal homicide. It may seem a little tricky to understand the difference between manslaughter and murder, but the general explanation is that murder is an intentional homicide, while manslaughter can be a homicide caused by recklessness (that wasn’t necessarily intentional). However, there are other factors that can determine the classification of a homicide. So here are four questions you might have about manslaughter crimes in Utah.

While probation is for those who served jail time, parole is for those who have served time in prison. Parole allows individuals in prison to return to the community before the end of their prison sentence. But being released on parole comes with supervision and plenty of rules (conditions). The following 20 conditions are summarized explanations of the standard conditions for parole in Utah. However, special conditions may also be added depending on the circumstances.

As you may know, Utah continues to strictly enforce and prosecute marijuana crimes. You can take a vacation to a state where marijuana is legal and enjoy it there, but as long as you live in Utah, law enforcement wants what happens outside Utah to stay outside Utah.If you choose to risk it and use marijuana in Utah, it’s important to be prepared with the contact information of an experienced marijuana defense attorney. Here are a few circumstances to keep in mind that could lead to you needing to make that call. 

If you have been sentenced to a prison term, the best thing to do is make the most of whatever time you serve—even if you plan to file an appeal. Focusing on what you can control and working to improve your circumstance will help you stay hopeful and resilient. While we acknowledge the flaws in the prison system and continue to fight for improvements, there are still positive opportunities for those serving time in Utah’s prisons. According to the Utah Department of Corrections website, 95% of those who leave the prison system lead successful, crime-free lives after they are released.

Taking risks is part of life, but it’s important to help your child understand the difference between risks that can help her learn and grow and risks that lead to serious consequences. On top of that, many children struggle with impulse control, so they may take unhealthy risks because they “want to” without considering any of the consequences.

If you are convicted of a crime, your sentence from the legal system might include a fine and/or jail time. However, most criminal convictions also have collateral consequences: punishments that aren’t necessarily given through the legal system as part of a sentence. For example, you could lose the ability to work in certain jobs or even operate a motor vehicle. Below are 18 examples to give you a better idea of what those consequences might be. If you want to learn more, the National Inventory of Collateral Consequences of Conviction is a helpful database that you can search to learn about both state and federal consequences.

In Utah, theft is explicitly defined as a person who “obtains or exercises unauthorized control over the property of another with a purpose to deprive.” Under this definition, law enforcement could file charges of theft even based on your “intent” to deprive another of something. For example, if someone delivers a package to your house mistakenly and you keep it without any intent to return it, you could be charged with a theft crime.

Each year, the Utah Legislature meets for a legislative session that lasts 45 calendar days (starting in January and ending in March). During this session, hundreds of bills* to change the laws in Utah are proposed.

Whether you are traveling to Utah for vacation or business, or you are just passing through, the last thing you want to deal with is a criminal charge in a state far from home. Navigating an unfamiliar state’s laws and systems can be complicated and overwhelming. Below are a few things you should know to get a better picture of what an arrest in Utah might mean for you.

With some of the strictest drug laws in the country, drug crimes in Utah can come with severe and lasting penalties. Additionally, with more of the states surrounding Utah legalizing recreational marijuana, law enforcement is on the lookout for people illegally transporting marijuana through the state—even if it was legally grown and sold in another state. If you or a loved one has been accused of a drug crime in Utah, here are four things you need to know.

If you are charged with a crime in Utah, the process will follow Utah’s criminal procedure rules. These rules govern the series of proceedings through which the local, state and federal government enforces substantive criminal law. The rules of the criminal procedure vary widely in different municipalities and at the state and federal level. The expert legal team at Brown, Bradshaw & Moffat have decades of experience with criminal procedure in Utah. We can help you navigate the rules and present a strong defense.

Knowing the laws around the statute of limitations in Utah can be crucial to your case. In Utah, even if the statute of limitations has passed on your case, you still have to bring that up as a defense in a timely manner for it to be considered. For example, if you enter a plea or go to trial without properly raising the statute of limitations defense, you might forfeit the right to raise this defense on appeal. For this reason and many others, it’s crucial for you to understand the statute of limitations laws in Utah. This post will give you a quick outline to help you understand the basics, but you should consult with one of our experienced lawyers to learn how the laws affect your personal case.

When you’re on probation, the last thing you want to do is take a step backward instead of forward, which is exactly what can happen if you violate your probation. To be charged with a violation of probation (VOP), your probation officer has to file an affidavit describing how you violated your probation. An affidavit is a written statement under oath that can be used as evidence in court. If you know or suspect your probation officer is planning to submit or has already submitted, an affidavit, a criminal defense lawyer may be able to help you come into compliance with the outstanding terms or help you work on a good defense.

Embezzling is when someone who is responsible for maintaining money or assets takes portions of the physical or digital assets for their own personal gain. This crime is especially relevant today as trillions of dollars have been put into Covid-19 relief funds that can be accessed by a broad range of organizations. For those struggling with financial burdens, taking a little off the top may seem far too easy. However, this type of theft is serious and can carry severe penalties.

In Utah, the Cohabitant Abuse Procedures Act defines the laws around domestic violence. The long list of definitions, enforcement rules, and punishments this law outlines can be a lot to take in. To make things a little easier, we pulled some of the main points and simplified them below. If you have more detailed questions about domestic violence laws in Utah, we encourage you to visit the Utah code website or reach out to one of our experienced defense attorneys.

In some cases, a defendant can be convicted based on a mistake by the court. Even an innocent person may be convicted due to a lack of evidence at the time of trial. In these instances, there is a process to appeal the decision by the court. The experienced lawyers at Brown, Bradshaw, & Moffat have decades of experience bringing justice to individuals through the appeal process.

In Utah, the sex offender registry also includes kidnapping offenders. Utah’s registry is called the Utah Sex Offender & Kidnap Offender Registry.‍The laws surrounding the registry are long and detailed. We have compiled eight common questions about the Utah sex offender registry in Utah and explained the basics of each one.For full details surrounding the laws and the registry, you can visit the Utah Department of Corrections and the Utah State Legislature websites.‍

In Utah, most traffic crimes are simple infractions, such as a ticket for speeding or running a stop sign. They aren’t punishable by imprisonment, but they can get expensive (up to $750 in some cases). However, if you have been charged with a more severe traffic crime—driving with a revoked license, drunk driving, or hit and run—you need an experienced lawyer who can help you protect your rights.

It may seem simple enough to open a car door that someone forgot to lock and grab the AirPods sitting in the cupholder. However, the consequences for vehicle burglary in Utah can be serious. In fact, as you’ll learn below, a judge could sentence someone to almost a year of jail time for a vehicle burglary charge. Whether you have been charged with a vehicle burglary in Utah or are curious about the vehicle burglary laws, here are four things you should know.

As young people grow and experience the world, they may find themselves in trouble with the law. According to the Utah Division of Juvenile Justice Services, 26% of minors in Utah will have some kind of contact with the juvenile justice system. Charges against a child or teen can have a deep impact on parents, siblings, and extended family. These impacts may be lessened with the help of an experienced legal team.

For many, cash has been tight this year and the holidays are upon us, so it’s not a huge surprise that shoplifting cases have surged this month. Most people know shoplifting as a form of retail theft, but there are a number of other shoplifting-related activities that could land you in hot water with a retail theft charge. Here are four things you should know about retail theft and the potential consequences associated with retail theft charges in Utah.

As of 2015, Utah maintains a white-collar crime registry. It is currently the only such registry in the nation. Similar to the sex-offender registry, anyone can view who has been charged and convicted (within the past 10 years) of white-collar crimes such as money laundering, fraud, or theft by deception. With this added consequence for white-collar crime convictions in Utah, it’s imperative that you retain a legal team with proven experience defending these types of cases.

Cyberstalking, cyberbullying, or electronic communication harassment charges in Utah are serious. This year, with everyone spending even more time indoors and online, allegations of electronic harassment charges are only increasing. Under Utah law, you could be charged with cyberstalking if you have been accused of causing someone to fear their own (or someone else’s) safety and the result is “emotional distress." Since these crimes are based on intent and the feelings of others, you need an experienced legal team who will fight the charges against you.

Driving under the influence of alcohol and/or drugs (DUI) in Utah can lead to harsh criminal penalties for those found guilty. Several factors can determine how serious your charges for DUI might be. That’s why you need an experienced legal team who will fight for your rights—no matter the charges.

Asset forfeiture laws in Utah allow law enforcement to seize property if they have cause to believe it’s connected to a crime. Some officers may take advantage of this loose definition and seize property for unjust reasons. The most common scenario is an officer taking a small amount of cash or a vehicle during a traffic stop. According to Utah law, you don’t have to be charged of a crime for an officer to take your property.

Now that you understand how expungements work, this is what you need to know to begin the process and find the right lawyer to get the job done. 

While there may be some hoops to jump through, getting your adult criminal record expunged is a sought after process by many in Utah. Here are a few things you should know about how to expunge your adult criminal record.

Whether or not you committed the crime, you want an attorney who is completely on your team and wants the best outcome for you. You want someone who will move the process along so you can move on with your life.

The basic definition of “domestic violence,” according to Utah law, is a pattern of abusive or aggressive behavior in a relationship that is used by one partner to gain or maintain power and control over another intimate partner. Abusive behavior can be more than physical. It can also be emotional, sexual, or even psychological. Many prosecutors will also bring charges for allegations of domestic violence toward family members, friends, and co-workers.

Violent crimes charges, such as assault, can carry heavy consequences, especially in Utah. Prosecutors and law enforcement tend to put a lot of effort into assault cases. This means you need someone in your corner who is skilled at fighting back. That’s where the attorneys at Brown, Bradshaw, and Moffat come in.

You’ve heard it on every movie and TV series with a crime in the plotline: “Anything you say can, and will, be held against you in a court of law.” Let this be the first thing that comes to mind when you are encountered by a police officer who suspects you broke the law. You may not think that you will ever have a run-in with the police, but it’s always better to be prepared. In case an unfortunate situation does arise, have this knowledge stored away so you can act in your best interest.

While many of the states surrounding Utah have legalized or even decriminalized marijuana, Utah still prosecutes those who are caught with even small amounts of marijuana. If you have been arrested for any marijuana offense in Utah, minor or severe, you can reach out to the experienced criminal defense lawyers at Brown, Bradshaw, and Moffat in Salt Lake City, Utah, and we will fight to defend your rights.

Whether your child has been charged with a drug crime, possession of alcohol, or a violent or sexually motivated offense, your knowledge can help improve the outcome of their offense. Here are nine ways you can help support your child through the process of fighting for their rights in Utah’s juvenile courts.

Our lawyers have a proven track record of defending cases of lewdness, sexual battery, voyerism, revenge porn, rape, cyberstalking, and more. For a more complete list and breakdown of potential allegations, visit the sex crimes page.