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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 […] Read more

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 […] Read more

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 […] 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 […] 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 […] 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, […] 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?”   […] 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 […] 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 […] 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 […] Read more