Child Pornography Cases In Federal And State Courts

Child Pornography sentences in federal court are much more severe than those in Utah state courts.  Each count of possessing child pornography in federal court carries a minimum/mandatory five year sentence.  If you are charged with distribution of child pornography, the sentence becomes even steeper. In state court, a defendant may be charged with 10-18 counts…

Written by developer on May 4, 2016

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Child Sex Abuse: Plea Bargain To Sexual Battery In Utah

Child Sex Abuse Case–What is a favorable plea bargain in a child sex abuse case in Utah.  For aggravated sexual abuse of a child, the punishment is severe, carrying a minimum-mandatory sentence of 6, 10 or 15-to life.   Can these severe punishments be avoided?  One of the best offers that someone can receive who…

Written by developer on May 3, 2016

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15-To-Life Sentence, Aggravated Sexual Abuse Of A Child In Utah

Aggravated Sexual Abuse of a Child Sentence–the presumptive sentence for someone convicted of Aggravated Sexual abuse of a Child in Utah is 15 years-to-life. Judges often deviate from this presumption, but they must consider mitigating circumstances in order to do so.   Some of the mitigating circumstances a judge may consider when departing from that sentence…

Written by developer on May 3, 2016

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Child Pornography Investigation In Utah

Child Pornography Investigation–what should you expect if you are being investigated for possessing child pornography?  It will probably start with a knock at the door by law enforcement informing you that they have a warrant to search your phone, computers, etc. for child pornography.  Extremely stressful–to say the least. As law enforcement agents proceed to…

Written by developer on May 1, 2016

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Child Pornography Charges Require Lifetime Registration In Utah

Child pornography charges–until recently, state possession of child pornography charges, second degree felonies, required the convicted person to register on the sex offender registry for ten years.  The ten years started running when the defendant was no longer on probation or parole. Now, however, the Utah legislature has changed that.  Pleading guilty to a second…

Written by developer on April 30, 2016

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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…

Written by developer on April 26, 2016

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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…

Written by developer on April 25, 2016

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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,…

Written by developer on April 24, 2016

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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…

Written by developer on April 24, 2016

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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…

Written by developer on April 23, 2016

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