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Child's Memory In Child Rape, Aggravated Sexual Abuse Of A Child

Child Rape or Child Sex Case (Aggravated Sexual Abuse of a Child, Sodomy Upon a Child, Lewdness Involving a Child)--in these cases, a child sometimes "remembers" sexual abuse that happened years earlier at ages as young as 18 months.  You'll see cases in which a 14 year old girl, for example, will remember being sexually abused by her father while he was changing her diapers at the age of 18 months. There… Read more

Rape And Child Sex Cases At The Investigation Phase In Utah

Being investigated for rape or sexual abuse of a child?  Too many make the mistake of waiting to hiring a lawyer.  This is the most critical portion of the case sometimes.  Police officers often tell suspects they don't need a lawyer and that telling their side of the story will curry favor with the prosecutor. Nothing could be further from the truth.  Giving a statement to the police locks you into… Read more

The Controversy Surrounding Unprocessed Rape Kits In Utah

There has been a lot in the news lately regarding rape kits that have not been processed by law enforcement in Utah. Fortunately, because of some federal grants and a $750,000 alottment by the Utah State Legislature, all of these untested kits can be processed. In the past, because of the lack of unlimited funds, law enforcement was required to do DNA testing on only the most important cases at the… Read more

Types Of Experts In Rape Cases In Utah

What type of experts can you expect to have testify at rape trial in Utah?  For starters, it is likely that the complainant was asked to undergo a rape examination by a nurse who is trained specifically to conduct a rape examination.  The exam consists of an interview of the complainant who describes the details of the assault--the circumstances leading up to the assault (drinking) , the location of… Read more

Miranda Warnings During Rape, Child Sexual Abuse Investigation?

In rape and sexual abuse of a child investigations, the detective will usually call the suspect to get her "side of the story."  After charges are filed, a defendant calls to ask me if the interview can be thrown out becuase the officer did not read her Miranda warnings. Most people, because of crime shows, are very familiar with the Miranda warnings.  But most do not realize that an officer does… Read more

Rape, Sexual Abuse Of A Child Usually "He Said-She Said" Cases

The vast majority of rape and sexual abuse of a child cases involve little to no physical evidence--no DNA, no injuries, no other tell-tell signs of abuse.   I can't tell you how many times a client has asked me, "you mean they can charge me with rape and there is no evidence of rape?"   Unfortunately, the answer is "yes."   The prosecutor will put the complainant on the stand to testify about what… Read more

Polygraph If Being Investigated For Rape Or Child Sex Abuse?

Many times, a detective and/or a prosecutor asks a suspect to take a polygraph examination to determine whether s/he is telling the truth with regards to a rape or child sex offense investigation.  A polygraph is used an investigative tool for these types of offenses because of the "he said/she said" nature of these cases. Most of the time, there is no physical evidence--DNA, injuries, etc.--in rape… Read more

Charged With Retail Theft Or "Shoplifting?" Pay The Store Fine

My clients charged with retail theft or shoplifting generally receive a letter from the retail establishment (Macy's, 7-11, etc.) asking that they pay a fine to cover the store's costs associated with the alleged offense.  This amount is generally between $200 and $400. Should they just pay this?  Generally, I tell them "yes."  I do call the store and ask for a reduction in the amount requested and… Read more

Being Investigated For A Child Sex Crime Or Rape?

Even though law enforcement will inform you that you do not need an attorney at this stage, they are WRONG!  This is one of the most important phases of the case.   I have seen it again and again.  Clients call me after they are charged and in jail.  It is possible to stop charges from being filed in some cases and to stay out of jail without bail in many cases. It is important to call a qualified… Read more

Pulled Over And Have Marijuana In The Car? Follow These Tips.

Marijuana laws have relaxed throughout the country. However, you can still face drug charges in Utah if you are caught with marijuana. Marijuana is a common drug found in many driver's vehicles. You need to know what to do if you are ever pulled over and are suspected of having marijuana or any other illegal drug in your possession. Driving with an illegal substance in your vehicle can lead to long-term… Read more