Federal Crimes: How Do I Defend Myself Against Federal Prosecutors?

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.

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5 Things to Know About Search Warrants in Utah

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.

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Your Guide to Protective Orders in Utah: Part 2

This is the second part of a two-part series on protective orders in Utah. Part one focused on the details of protective orders, including what they can include and the requirements to get one. This post will focus on what to do if you have been served with a protective order, what happens if you violate the order, and how to get an order Dismissed.

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Your Guide to Protective Orders in Utah: Part 1

This is the first of a two-part series on protective orders in Utah. If you have been served with a protective order, you may feel like there is nothing you can do, especially if the allegations are false or exaggerated. However, the lawyers at Brown, Bradshaw & Moffat can help with your case. No matter your situation, it’s important to know how protective orders work, what they can restrict, how to avoid violating the terms, and what you can do to change or remove the order. This post focuses on the details of protective orders. Part 2 will explain more about violations and how to get an order lessened or removed.

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8 Utah Traffic Crimes That Are More Severe Than an Infraction

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.

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How to Expunge a Juvenile Criminal Record in Utah

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.

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7 Questions and Answers about Presentence Investigations

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.

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Be Aware of These 15 Offenses Against the Administration of Government During Your Criminal Proceedings

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).

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How to Request Removal of Your Name from Utah’s Sex and Kidnap Offender Registry

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.

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4 Things to Know About Sex Crimes in Utah

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.

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9 Crimes that Could Land You on Utah’s White Collar Crime Registry

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.

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4 Things to Know About Cyberstalking in Utah

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.

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Property Crimes in Utah: What Are My Rights?

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.

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7 Ways to Support Family and Friends Serving in Utah Prisons

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.

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Criminal Penalties and Sentencing in Utah: 5 Things You Should Know

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.

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Violent Crimes: How Do I Protect My Rights?

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.

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4 Things to Know About Manslaughter Crimes in Utah

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.

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20 Rules You Must Follow While on Parole 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.

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The Importance of an Experienced Marijuana Defense Attorney

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. 

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3 Big Ways to Make the Most of Your Prison Time in Utah

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.

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How to Talk to Your Child About Risky Decisions

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.

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18 Ways A Criminal Conviction Could Affect Your Life (Other Than Jail or Fine)

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.

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Why You Should Find an Experienced Defense Lawyer forTheft Crimes in Utah

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.

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How the 2021 Legislative Session Changed Criminal Law in Utah

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.

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4 Things Non-Residents Should Know About Criminal Charges in Utah

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.

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4 Things You Should Know About Drug Crimes in Utah

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.

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Navigating Utah’s Rules of Criminal Procedure

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.

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4 Things to Know About the Statute of Limitations in Utah

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.

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Violation of Probation: Defend Against Allegations with an Experienced Lawyer

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.

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Embezzlement Crimes: Finding the Right Defense Lawyer

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.

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4 Questions You May Have About Domestic Violence Charges in Utah

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.

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Appeals in Utah: Fighting for Your Rights After a Conviction

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.

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8 Things to Know About Utah’s Sex Offender Registry

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.‍

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Traffic Crimes: How Do I Protect My Rights?

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.

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Can You Answer These 4 Questions About Vehicle Burglary in Utah

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.

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Juvenile Crimes: How Do I Protect My Child?

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.

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4 Things to Know About Retail Theft in Utah

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.

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White Collar Crimes: How to Find the Right Defense Team

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.

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Cyberstalking Crimes: Where Can I Find Help for My Case?

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.

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DUI: How Do I Find a Good Defense Lawyer?

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.

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How Do I Get My Seized Property Back from Utah Law Enforcement?

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.

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How to Expunge Your Adult Criminal Record in Utah: Part 2

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. 

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How to Expunge Your Adult Criminal Record in Utah: Part 1

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.

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How to Know if You Hired the Right Criminal Defense Attorney in Utah for Your Case

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.

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Domestic Violence: How Do I Protect My Rights?

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.

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Assault Crimes: How Do I Defend My Case?

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.

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A Guide to Police Encounters in Utah

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.

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Marijuana Offenses: How Do I Fight Back?

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.

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9 Ways to Support Your Child’s Juvenile Defense Case in Utah

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.

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Sex Crimes: What Should You Do?

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. 

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