Criminal and Family Law

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Monthly Archives

July 2011

Tinfoil Helmets & Constructive Drug Possession

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What Doesn’t Work: Covering your car in tinfoil so it can’t be seen by police radar.  This works about as well as wearing a tinfoil helmet so aliens can’t read your mind.

What Works: Don’t take the fall for other people’s drugs. In Utah, if you are a passenger in a vehicle where drugs are found, you can be arrested and found guilty of “constructive possession” even if the drugs weren’t yours. So to avoid being charged with crimes you’ve never heard of, remember to ask for a defense attorney.

Spontaneous Sicknesses | Utah Criminal Attorney Tip of the Week

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What Doesn’t Work: Faking a seizure or saying you have a contagious rash to distract officers from the green leafy substance in the baggy, and then when they find it, claiming it’s just your herbal flu medication.

What Works: If the police come to your door and ask to come in, politely say you’ve always been told never to let officers into your house unless you are in danger. They may tell you that they can just get a warrant. Again say no thank you. If you give consent to enter your home, officers may find illegal things you don’t even know are there, and evidence of crimes you don’t even know exist. And even if you invited them, you may still want to talk with them outside on the porch.

What’s in a Name? | Criminal Defense Attorney Tip of the Week

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What Doesn’t Work: Using an alias that is pretend famous, rhymes, is alliterative, belongs to someone who has a warrant…or all of the above: “Yes Officer, my name is Johnny Depperson, I mean Nicholas Hickolas, I mean Craig Craigster,no, no…I’m Lindsay Lohansky, I swear!”

What Works: Never tell an officer “I know my rights.” You really don’t, and the officer knows it. Whether innocent or guilty, if you are being interrogated by police, they already suspect you did something wrong or were involved in a crime. You always have the right to a criminal defense attorney and have a right to remain silent, and you should politely and persistently exercise those rights.

Loose Lips & Ticket Tips | Criminal Defense Attorney Tip of the Week

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What Doesn’t Work: Fearlessly exercising all your rights…especially your right to free speech and your right to bear arms—”Legalize marijuana! Burn all the capitol buildings! My gun is bigger than your gun! Your breath smells like upchuck.”

What Works: Sign your ticket! Some people think if you don’t sign, you can somehow avoid paying, or by signing you are admitting guilt. Your signature is only a promise to take care of the ticket with the court.  If you don’t sign, officers can just take you to jail, and you’ll have to wait hours or days to see a judge before you can get out. And if the officer says in his report that you were being a jerk by not signing the citation, your attorneys job will become much more difficult later on.

A DUI Tip So Important that Even DUI Attorneys Should Use It! | Defense Attorney Tip of the Week

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What Doesn’t Work: Coloring in the 3s on your license plate with permanent marker to make them look like 8s.

What Works: If you are pulled over for a DUI, politely decline to take any field sobriety tests (FSTs). FSTs include the “follow my pen with your eyes” test, the “walk the line” test, and the “one foot stand” test. Even sober people fail FSTs much of the time. You are required to take a breathalyzer or blood test if asked, and you should, but you are not required to take FSTs, so don’t! If you want to learn more about DUI’s, go to our DUI page.