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		<title>Recent Blog Posts</title>
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			<title>Clean Up Your Criminal Background</title>
			<link>http://www.saltlakecitycriminaldefensefirm.com//Utah-Defense-Blog/2011/July/Clean-Up-Your-Criminal-Background.aspx</link>
			<guid>http://www.saltlakecitycriminaldefensefirm.com//Utah-Defense-Blog/2011/July/Clean-Up-Your-Criminal-Background.aspx</guid>
			<pubDate>Wed, 20 Jul 2011 20:20:00 GMT</pubDate>
			<description>&lt;p align=&quot;center&quot;&gt;&amp;quot;How do I get this darn conviction off my record!&amp;quot;&lt;/p&gt; 
&lt;p align=&quot;center&quot;&gt;&amp;quot;I am tired of losing jobs because of a stupid mistake I made when I was 18!&amp;quot;&lt;/p&gt; 
&lt;p&gt;These are statements we commonly hear from clients who have been convicted of a crime. Fortunately there is a way to wipe your criminal record clean and get a fresh start. The process is called expungement. Under Utah law the qualifications for expungement are pretty straight forward. In most cases all you need to do to become eligible is to wait:&lt;/p&gt; 
&lt;p&gt;The waiting periods to become eligible for expungement are as follows:&lt;/p&gt; 
&lt;ul&gt;
	&lt;li&gt;Dismissed charge: 30 days&lt;/li&gt; 
	&lt;li&gt;Infraction, and Class C Misdemeanor: 3 years from the date upon which your probation is terminated.&lt;/li&gt; 
	&lt;li&gt;Class B Misdemeanor: 4 years from the date upon which your probation is terminated.&lt;/li&gt; 
	&lt;li&gt;Class A Misdemeanor 5: years from the date upon which your probation is terminated.&lt;/li&gt; 
	&lt;li&gt;&lt;a href=&quot;http://www.saltlakecitycriminaldefensefirm.com/Criminal-Defense/DUI-Drunk-Driving.aspx&quot;&gt;DUI&lt;/a&gt;, and other drug and alcohol related driving offenses: 10 years from the date upon which your probation is terminated.&lt;/li&gt; 
	&lt;li&gt;
		2&lt;sup&gt;nd&lt;/sup&gt; and 3&lt;sup&gt;rd&lt;/sup&gt; Degree Felonies: 7 years from the date upon which your probation/parole is terminated.
	&lt;/li&gt;
&lt;/ul&gt; 
&lt;p&gt;These general guidelines have exceptions that in some cases extend the time it takes, or eliminate the possibility of expungement all together. If you qualify, an expungement will erase all official record of you being investigated, charged and/or convicted of a crime. Without an expungement these nagging references will remain on your criminal background indefinitely. Once you qualify do not hesitate to hire an experience attorney to make this happen.&lt;/p&gt; 
&lt;p&gt;Remember, stay safe, be smart and call us when you need us!&lt;/p&gt; 
&lt;p&gt;Attorney Rhome Zabriskie&lt;/p&gt;</description>
			<author>Salt Lake City Criminal Defense Lawyer</author>
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			<title>What After a 402 Agreement?</title>
			<link>http://www.saltlakecitycriminaldefensefirm.com//Utah-Defense-Blog/2011/July/What-After-a-402-Agreement-.aspx</link>
			<guid>http://www.saltlakecitycriminaldefensefirm.com//Utah-Defense-Blog/2011/July/What-After-a-402-Agreement-.aspx</guid>
			<pubDate>Wed, 20 Jul 2011 19:30:00 GMT</pubDate>
			<description>&lt;p&gt;In the Utah criminal justice system prosecutors will often agree to reduce a felony to a misdemeanor after probation. This is made possible by legislation found in UCA Sec. 76-3-402(b). Judges and attorneys refer to these as 402 reductions. 402 reductions are an excellent way of tidying up your criminal background. 402 reductions are also a clever way of shortening the waiting period for expungement.&lt;/p&gt; 
&lt;p&gt;Utah judges, by law, only consider 402 reductions upon successful completion of probation. According to Utah law a judge can reduce the offense by one level (i.e. 3&lt;sup&gt;rd&lt;/sup&gt; degree felony to Class A misdemeanor) without the prosecutor&amp;#39;s consent. For a judge to reduce the offense by two levels the prosecutor&amp;#39;s consent is needed.&lt;/p&gt; 
&lt;p&gt;The sure way to benefit from a 402 reduction in your case is to get an agreement from the prosecutor before you enter a guilty plea. However you intend to get a 402 reduction, be it with the prosecutor&amp;#39;s consent, or without, there are certain steps that you must follow to see the reduction through.&lt;/p&gt; 
&lt;p&gt;STEPS FOR OBTAINING A STIPULATED 402 REDUCTION&lt;/p&gt; 
&lt;ol&gt;
	&lt;li&gt;include the agreement to reduce as part of the plea bargain;&lt;/li&gt; 
	&lt;li&gt;&lt;strong&gt;contact your lawyer&lt;/strong&gt; once you have successfully complete probation;&lt;/li&gt; 
	&lt;li&gt;attach the docket to a Stipulated Motion to Reduce Level of Offense;&lt;/li&gt; 
	&lt;li&gt;sign the motion for defendant (by counsel if represented);&lt;/li&gt; 
	&lt;li&gt;send the motion and a consistent court order to the prosecutor with a cover letter explaining that the enclosed motion is consistent with the agreement entered into at the time the guilty plea was accepted, and requesting that the prosecutor sign and submit to the judge with the accompanying order.&lt;/li&gt;
&lt;/ol&gt; 
&lt;p&gt;If you are seeking a 402 reduction without the prosecutor&amp;#39;s consent you should take these steps:&lt;/p&gt; 
&lt;ol&gt;
	&lt;li&gt;You or your attorney should file a Motion to Reduce Level of Offense before the court loses jurisdiction at the end of probation. The motion itself should indicate that it is to be held by the court until the successful completion of probation, and then considered at that time.&lt;/li&gt; 
	&lt;li&gt;successfully complete probation, and;&lt;/li&gt; 
	&lt;li&gt;re-new your motion to Reduce Level of Offense and request a hearing (before taking this final step it is always a good idea to check with the prosecutor to see if he or she is now willing to agree to the reduction. If so, you can follow the above-indicated Steps for Obtaining a Stipulated 402 Reduction), and;&lt;/li&gt; 
	&lt;li&gt;be prepared to convince the judge that, based upon your character and circumstances, the reduction is in the interest of justice.&lt;/li&gt;
&lt;/ol&gt; 
&lt;p&gt;As with any legal motions, unanticipated variables tend to complicate matters. Having a good lawyer advocating for you in this cause will prove invaluable.&lt;/p&gt; 
&lt;p&gt;Remember, stay safe, be smart and call us when you need us!&lt;/p&gt; 
&lt;p&gt;Rhome Zabriskie&lt;/p&gt;</description>
			<author>Salt Lake City Criminal Defense Lawyer</author>
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			<title>What After an Abeyance?</title>
			<link>http://www.saltlakecitycriminaldefensefirm.com//Utah-Defense-Blog/2011/July/What-After-an-Abeyance-.aspx</link>
			<guid>http://www.saltlakecitycriminaldefensefirm.com//Utah-Defense-Blog/2011/July/What-After-an-Abeyance-.aspx</guid>
			<pubDate>Wed, 20 Jul 2011 19:27:00 GMT</pubDate>
			<description>&lt;p&gt;In the Utah criminal justice system pleas are often held in abeyance. This is a compassionate means by which an accused person is given a second chance. If you have been given a plea in abeyance, you know that your guilty plea does not count against you as a conviction. What a huge benefit this is to you. Your attorney has emphasized to you the importance of complying with all the terms of your plea in abeyance. You also know that once all the abeyance conditions are met, your charges can be dismissed. Once it is dismissed the charges can never come back on you. Wow! What an opportunity!&lt;/p&gt; 
&lt;p&gt;Be careful though! Many people have made the mistake of assuming that a dismissal of charges automatically follows a plea in abeyance. This is not always the case. It is true that some courts will automatically dismiss the charges once all conditions of an abeyance are satisfied. However, these cases are in the minority. The reality is that most courts wait for you to request that your charges be dismissed. How is this done? Have your attorney take the following simple steps:&lt;/p&gt; 
&lt;ol&gt;
	&lt;li&gt;Print out a court docket showing that all abeyance conditions have been satisfied,&lt;/li&gt; 
	&lt;li&gt;attach the docket to a stipulated motion to withdraw guilty plea and dismiss charges,&lt;/li&gt; 
	&lt;li&gt;sign the motion for defendant (by counsel if represented),&lt;/li&gt; 
	&lt;li&gt;send the motion and a consistent court order to the prosecutor with a cover letter explaining that the enclosed motion is consistent with the agreement entered into at the time the abeyance began, and requesting that the prosecutor sign and submit to the judge with the accompanying order.&lt;/li&gt;
&lt;/ol&gt; 
&lt;p&gt;So long as all conditions are met, your judge should immediately sign the order dismissing all charges. At this point you should remember that the original charges remain on your record until you do an expungement. Once your charges are dismissed you only need to wait 30 days to become eligible for an expungement. So, if you are uncomfortable having the charges mentioned on your background, contact a lawyer to talk about an expungement.&lt;/p&gt; 
&lt;p&gt;Remember, stay safe, be smart and call us when you need us!&lt;/p&gt; 
&lt;p&gt;Rhome Zabriskie&lt;/p&gt;</description>
			<author>Salt Lake City Criminal Defense Lawyer</author>
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			<title>Impaired Driving and DMV Suspensions</title>
			<link>http://www.saltlakecitycriminaldefensefirm.com//Utah-Defense-Blog/2011/July/Impaired-Driving-and-DMV-Suspensions.aspx</link>
			<guid>http://www.saltlakecitycriminaldefensefirm.com//Utah-Defense-Blog/2011/July/Impaired-Driving-and-DMV-Suspensions.aspx</guid>
			<pubDate>Tue, 19 Jul 2011 22:38:00 GMT</pubDate>
			<description>&lt;p&gt;So you are one of the lucky ones. Through some good lawyering, your attorney convinced the prosecutor to reduce your &lt;a href=&quot;http://www.saltlakecitycriminaldefensefirm.com/Criminal-Defense/DUI-Drunk-Driving.aspx&quot;&gt;DUI&lt;/a&gt; to Impaired Driving. You have completed 60 days of your 120-day driver&amp;#39;s license suspension. You have heard that by doing a plea bargain down to Impaired Driving, your driver&amp;#39;s license suspension was reduced to 60 days.&lt;/p&gt; 
&lt;p&gt;Be careful! Now that your 60 days is up, don&amp;#39;t think that it is okay to simply resume driving. Doing so could set off an ugly chain of events including jail, fines, and added driver&amp;#39;s license suspension. Also, the original DUI could be added as a conviction on your criminal record. With a little knowledge, you can avoid this ugly chain of events. Simply follow these steps to have your driving privilege properly reinstated.&lt;/p&gt; 
&lt;p align=&quot;center&quot;&gt;4 STEPS FOR REINSTATING DRIVING PRIVILEGE AFTER IMPAIRED DRIVING CONVICTION&lt;/p&gt; 
&lt;ol&gt;
	&lt;li&gt;&lt;p&gt;Obtain a court-certified docket (or minute-entry) showing that your case was plead to Impaired Driving;&lt;/p&gt;&lt;/li&gt; 
	&lt;li&gt;Take the court-certified docket to your local Utah &lt;a href=&quot;http://www.saltlakecitycriminaldefensefirm.com/Criminal-Defense/DUI-Drunk-Driving/DMV-Hearings.aspx&quot;&gt;DMV&lt;/a&gt; office and present it with your request for reinstatement;&lt;/li&gt; 
	&lt;li&gt;Pay the required reinstatement fee, and;&lt;/li&gt; 
	&lt;li&gt;Receive confirmation that your driving privilege has been reinstated.&lt;/li&gt;
&lt;/ol&gt; 
&lt;p&gt;If your DUI was issued while you were traveling through Utah from out of state, here are some additional tips:&lt;/p&gt; 
&lt;ol&gt;
	&lt;li&gt;A valid out-of-state license does not make it legal for you to drive in Utah if Utah has suspended your driving privileges.&lt;/li&gt; 
	&lt;li&gt;The Utah DMV only has the power to suspend your driving privileges inside the state of Utah. Most states will recognize the Utah suspension and issue an identical suspension. It may be necessary for you to follow the steps 1-4 above, in order to get your license reinstated in your home state.&lt;/li&gt;
&lt;/ol&gt; 
&lt;p&gt;Remember, stay safe, be smart and &lt;a href=&quot;http://www.saltlakecitycriminaldefensefirm.com/Contact-Us.aspx&quot;&gt;call us&lt;/a&gt; when you need us!&lt;/p&gt; 
&lt;p&gt;Rhome Zabriskie&lt;/p&gt;</description>
			<author>Salt Lake City Defense Lawyer</author>
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			<title>DUI&apos;s Reduced Offense?</title>
			<link>http://www.saltlakecitycriminaldefensefirm.com//Utah-Defense-Blog/2011/July/DUIs-Reduced-Offense-.aspx</link>
			<guid>http://www.saltlakecitycriminaldefensefirm.com//Utah-Defense-Blog/2011/July/DUIs-Reduced-Offense-.aspx</guid>
			<pubDate>Tue, 12 Jul 2011 22:30:00 GMT</pubDate>
			<description>&lt;p&gt;Some Utah DUI cases are plead to the reduced charge of Impaired Driving. Impaired Driving is not referred to as a reduced charge based upon it being a lesser degree of crime; Both offenses are Class B Misdemeanors carrying the potential of up to 180 days in jail. Impaired Driving, rather, is referred to as a lesser offense because the minimum consequences are less than those for a DUI. In DUI cases a judge must order a minimum of 2 days jail for a first offense, and 10 or more days for subsequent offenses. For Impaired Driving convictions, on the other hand, a judge can impose as little as 0 days in jail.&lt;/p&gt; 
&lt;p&gt;Another difference between a &lt;a href=&quot;http://www.saltlakecitycriminaldefensefirm.com/Criminal-Defense/DUI-Drunk-Driving.aspx&quot;&gt;DUI&lt;/a&gt; and impaired driving is how each impacts your driving privilege. Any DUI conviction in Utah results in an automatic suspension of driving privileges in the state for a minimum of 120 days. Impaired Driving, on the other hand, does not result in any suspension.&lt;/p&gt; 
&lt;p&gt;In cases where a DUI suspension is the result of independent action from the &lt;a href=&quot;http://www.saltlakecitycriminaldefensefirm.com/Criminal-Defense/DUI-Drunk-Driving/DMV-Hearings.aspx&quot;&gt;DMV&lt;/a&gt;, a plea bargain to the reduced charge of Impaired Driving is still very beneficial. Once you plead to Impaired Driving, your prior DUI suspension is reduced to 60 days.&lt;/p&gt; 
&lt;p&gt;So what does this mean to you? If you have a pending DUI case, ask your attorney about an Impaired Driving plea deal. Based upon your criminal history, your blood alcohol level, and the customs of the court you are charged in, he will let you know if you qualify.&lt;/p&gt; 
&lt;p&gt;Stay safe be smart and &lt;a href=&quot;http://www.saltlakecitycriminaldefensefirm.com/Contact-Us.aspx&quot;&gt;call us&lt;/a&gt; when you need us!&lt;/p&gt; 
&lt;p&gt;Rhome Zabriskie&lt;/p&gt;</description>
			<author>Salt Lake City Defense Attorney</author>
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			<title>Criminal Mistakes</title>
			<link>http://www.saltlakecitycriminaldefensefirm.com//Utah-Defense-Blog/2011/June/Criminal-Mistakes.aspx</link>
			<guid>http://www.saltlakecitycriminaldefensefirm.com//Utah-Defense-Blog/2011/June/Criminal-Mistakes.aspx</guid>
			<pubDate>Wed, 29 Jun 2011 16:21:00 GMT</pubDate>
			<description>&lt;p align=&quot;center&quot;&gt;&lt;strong&gt;&lt;u&gt;4 BIGGEST MISTAKES MADE BY CRIMINAL DEFENDANTS&lt;/u&gt;&lt;/strong&gt;&lt;/p&gt; 
&lt;p&gt;So there you are, sitting in your living room reading a letter from your attorney that says something like this,&lt;/p&gt; 
&lt;p&gt;&amp;quot;Criminal charges have been filed against you in case #:11130098. Be advised that &amp;#39;Utah&amp;#39; judges are rarely bound by determinative sentencing guidelines. In other words, your judge has the discretion to sentence you within the basic sentencing guidelines as indicated below with few exceptions:&amp;quot;&lt;/p&gt; 
&lt;p&gt;As you look below to what the letter was referring to, you see a list that certainly does not make you happy in the slightest.&lt;/p&gt; 
&lt;ul&gt;
	&lt;li&gt;Class C misdemeanor&amp;hellip;&amp;hellip;&amp;hellip;.0 to 90 days jail&lt;/li&gt; 
	&lt;li&gt;Class B misdemeanor&amp;hellip;&amp;hellip;&amp;hellip;.0 to 180 days jail&lt;/li&gt; 
	&lt;li&gt;Class A misdemeanor&amp;hellip;&amp;hellip;&amp;hellip;.0 to 365 days jail&lt;/li&gt; 
	&lt;li&gt;Third Degree Felony&amp;hellip;&amp;hellip;&amp;hellip;...0 to 5 years prison&lt;/li&gt; 
	&lt;li&gt;Second Degree Felony&amp;hellip;&amp;hellip;&amp;hellip;1 to 15 years prison (no jail is possible with most)&lt;/li&gt; 
	&lt;li&gt;First Degree Felony&amp;hellip;&amp;hellip;&amp;hellip;&amp;hellip;.5 years to life in prison (no jail is possible with some)&lt;/li&gt;
&lt;/ul&gt; 
&lt;p&gt;Considering these guidelines you must do whatever is necessary to justify a minimum sentence. Understand that having the right lawyer on your side will help you to do just that. You also want to avoid doing anything that would justify a maximum sentence.&lt;/p&gt; 
&lt;p&gt;&lt;strong&gt;&lt;em&gt;Here are some mistakes to avoid:&lt;/em&gt;&lt;/strong&gt;&lt;/p&gt; 
&lt;p&gt;&lt;strong&gt;1.&lt;/strong&gt; 
	&lt;u&gt;Talking too Much During an Investigation and in Court&lt;/u&gt; - When you are accused it is a natural response to attempt to explain yourself. If you are accused, you should never attempt to speak to a prosecutor, a police officer, or a judge about the facts in your case. It is always best to have a a good &lt;a href=&quot;http://www.saltlakecitycriminaldefensefirm.com/Criminal-Defense.aspx&quot;&gt;criminal defense&lt;/a&gt; attorney telling you what to say and when to say it from the very beginning in your case. Otherwise, say nothing at all.
&lt;/p&gt; 
&lt;p&gt;&lt;strong&gt;2.&lt;/strong&gt; 
	&lt;u&gt;Failure to Hire a Qualified Attorney&lt;/u&gt; - An inexperienced attorney is unlikely to know how to get the most out of any of the strengths to your defense, or how to down-play any weaknesses. An experienced private 
	&lt;a href=&quot;http://www.saltlakecitycriminaldefensefirm.com/&quot;&gt;criminal defense attorney&lt;/a&gt; will know how to deal with these complex issues.
&lt;/p&gt; 
&lt;p&gt;&lt;strong&gt;3.&lt;/strong&gt; 
	&lt;u&gt;Failure to Make Adequate Sentencing Preparations -&lt;/u&gt; Many defendants are inadequately prepared at sentencing. Favorable sentencing factors and circumstances can be provided under the direction of a good defense attorney. In some cases, creating these circumstances can be the difference between years in prison and no jail at all.
&lt;/p&gt; 
&lt;p&gt;&lt;strong&gt;4.&lt;/strong&gt; 
	&lt;u&gt;Poor Defense Strategy - &lt;/u&gt;The wrong strategy can increase jail time. Conversely a good defense strategy can make all the difference in whether or not you go to jail.
&lt;/p&gt; 
&lt;p&gt;As we return to reality for just a moment and take a deep breath, we need to realize that such letters are read every day in the State of Utah, and in this country. These 4 basic mistakes are also the mistakes that are made every day by those accused of crimes, whether they are guilty or not. All of us have seen those cases on the news where celebrities are paying major money for their representation. Paying thousands of dollars an hour to an attorney does not guarantee freedom and certainly does not assure a &amp;quot;premier&amp;quot; case preparation to ensure you&amp;#39;re taken care of. Knowing something about the system and how to &amp;quot;behave&amp;quot; during any case will take you quite far in some instances; add that to your lawyers &amp;quot;quality and expertise&amp;quot; and you can have serious chances of either walking away or getting a lesser conviction.&lt;/p&gt; 
&lt;p&gt;So whether you have received such a letter in the past or are reading one right now, the principles are still the same. Knowledge is your power and having the right attorney for your needs is the key to using that power correctly.&lt;/p&gt; 
&lt;p&gt;Be smart, be safe and &lt;a href=&quot;http://www.saltlakecitycriminaldefensefirm.com/Contact-Us.aspx&quot;&gt;call us&lt;/a&gt; when you need us!&lt;/p&gt; 
&lt;p&gt;Rhome Zabriskie&lt;/p&gt;</description>
			<author>Salt Lake City Defense Lawyer</author>
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		<item>
			<title>Taking the DUI Target Off Your Back</title>
			<link>http://www.saltlakecitycriminaldefensefirm.com//Utah-Defense-Blog/2011/June/TAKING-THE-DUI-TARGET-OFF-YOUR-BACK.aspx</link>
			<guid>http://www.saltlakecitycriminaldefensefirm.com//Utah-Defense-Blog/2011/June/TAKING-THE-DUI-TARGET-OFF-YOUR-BACK.aspx</guid>
			<pubDate>Fri, 10 Jun 2011 19:00:00 GMT</pubDate>
			<description>&lt;p&gt;There is a piece of advice the &lt;a href=&quot;http://www.saltlakecitycriminaldefensefirm.com/&quot;&gt;criminal defense attorneys&lt;/a&gt;, from our office, give to each of our Utah clients after they have been charged with a DUI, or a drug-related offense. But first, let me give you a quick note on what makes you a target to law enforcement.&lt;/p&gt; 
&lt;p&gt;Once a &lt;a href=&quot;http://www.saltlakecitycriminaldefensefirm.com/Criminal-Defense/DUI-Drunk-Driving.aspx&quot;&gt;DUI&lt;/a&gt; or 
	&lt;a href=&quot;http://www.saltlakecitycriminaldefensefirm.com/Criminal-Defense/Drug-Crimes.aspx&quot;&gt;drug charge&lt;/a&gt; is established on your record, conviction or not, you have become a &amp;quot;marked man&amp;quot; so to speak. Count on being harassed every time a cop runs the license plate of a car registered to you. Police officers run plates routinely before they initiate traffic stops, particularly when traffic is not so congested. If your record is marked by a DUI or a drug offense, then the officer may find a petty reason to pull you over. The cop is &amp;quot;playing the odds&amp;quot; in the hopes that he/she will catch you in another DUI or perhaps they will even find drugs in your vehicle. Sometimes, as citizens, we want to yell, &amp;quot;Hey that&amp;#39;s not fair&amp;quot; but the reality is that it works many times. In fact, it works enough times that officers continue to do it on a regular basis.
&lt;/p&gt; 
&lt;p&gt;There is one sure way to mitigate the risk of such harassment by law enforcement, and this is the advice we give our clients:&lt;/p&gt; 
&lt;p&gt;Drive vehicles that are registered to a person with an unblemished criminal background. It is not illegal to do so, and by following this advice you reduce the risk of being pulled over by a cop for driving violations which you would not be pulled over for otherwise. Now, understand that I&amp;#39;m not advocating that anyone drive while under the influence. Drunk driving is not acceptable under any circumstances. What I am supplying here is a technique that will decrease your legal &amp;quot;run-ins&amp;quot; with cops who are looking for any excuse to &amp;quot;police&amp;quot; their assigned areas.&lt;/p&gt; 
&lt;p&gt;So keep it in perspective and of course&amp;hellip;be safe, be smart and &lt;a href=&quot;http://www.saltlakecitycriminaldefensefirm.com/Contact-Us.aspx&quot;&gt;call us&lt;/a&gt; when you need us!&lt;/p&gt; 
&lt;p&gt;Rhome Zabriskie&lt;/p&gt;</description>
			<author>Salt Lake City Defense Lawyer</author>
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			<title>DUI in Utah is a Misnomer</title>
			<link>http://www.saltlakecitycriminaldefensefirm.com//Utah-Defense-Blog/2011/June/DUI-in-Utah-is-a-Misnomer.aspx</link>
			<guid>http://www.saltlakecitycriminaldefensefirm.com//Utah-Defense-Blog/2011/June/DUI-in-Utah-is-a-Misnomer.aspx</guid>
			<pubDate>Fri, 03 Jun 2011 21:01:00 GMT</pubDate>
			<description>&lt;p&gt;There is a general misconception about what constitutes a &lt;a href=&quot;http://www.saltlakecitycriminaldefensefirm.com/Criminal-Defense/DUI-Drunk-Driving.aspx&quot;&gt;DUI&lt;/a&gt; in the state of Utah. DUI obviously stands for &amp;quot;driving under the influence&amp;quot;. This title implies that to commit a DUI you must necessarily be driving. However&amp;hellip;this is wrong! To truly represent what constitutes a violation, the name of the offense would have to be changed to CUI, or controlling a vehicle under the influence. &amp;quot;Controlling?&amp;quot; Yes, controlling. This comes as a surprise to many of my Utah DUI clients. I have represented many a surprised &amp;quot;criminal defendant&amp;quot; in Utah DUI cases where they were discovered by a law enforcement officer, while sitting in a parked car with the heater on to keep warm on a cold day. &amp;quot;But I wasn&amp;#39;t driving&amp;quot;, they all declare. To this I then have to explain to these unfortunate DUI defendants: if you are in the car with the keys in your possession, you are considered to be in control of the vehicle as per Utah law.&lt;/p&gt; 
&lt;p&gt;Since &lt;a href=&quot;http://www.saltlakecitycriminaldefensefirm.com/Attorney-Profiles.aspx&quot;&gt;Zabriskie Law Firm&lt;/a&gt;, is here to help you, here are some simple tips for Utah motorists.&lt;/p&gt; 
&lt;p&gt;If you&amp;quot;ve had too much to drink and you need to sit in your parked car, there are two ways to protect yourself from getting a DUI charge.&lt;/p&gt; 
&lt;ul&gt;
	&lt;li&gt;Make sure that your sober friend is sitting in the driver&amp;#39;s seat.&lt;/li&gt; 
	&lt;li&gt;If you don&amp;#39;t have a sober friend, then simply throw the keys on the ground outside of your vehicle. (Or maybe just underneath the vehicle, so nobody else will see them and take advantage of your situation.)&lt;/li&gt; 
	&lt;li&gt;No keys, no control = No control, no DUI&lt;/li&gt;
&lt;/ul&gt; 
&lt;p&gt;Without trying to sound like your father, but in the spirit of providing wisdom to a potentially bad situation, if you are going to drink to the point of excess, then perhaps it would be best to take it home where you can fall asleep at will. Having to stretch your faculties to their limits in order to &amp;quot;drive home&amp;quot; is not only dangerous for yourself and others, but avoiding such conduct can save you quite a bit of money in the long run as well.&lt;/p&gt; 
&lt;p&gt;Be safe, be wise and &lt;a href=&quot;http://www.saltlakecitycriminaldefensefirm.com/Contact-Us.aspx&quot;&gt;call us&lt;/a&gt; when you need us.&lt;/p&gt; 
&lt;p&gt;Rhome Zabriskie&lt;/p&gt;</description>
			<author>Salt Lake City Defense Attorney</author>
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			<title>DUI Interlock Exception</title>
			<link>http://www.saltlakecitycriminaldefensefirm.com//Utah-Defense-Blog/2011/May/DUI-Interlock-Exception.aspx</link>
			<guid>http://www.saltlakecitycriminaldefensefirm.com//Utah-Defense-Blog/2011/May/DUI-Interlock-Exception.aspx</guid>
			<pubDate>Fri, 27 May 2011 19:00:00 GMT</pubDate>
			<description>&lt;p&gt;Many of my DUI clients ask me whether there are exceptions to the ignition interlock restriction imposed for DUI in the State of Utah. Although there is not a general exception as of 2011, there is a limited exception as follows:&lt;/p&gt; 
&lt;p&gt;A Utah motorist with a DMV (Department of Motor Vehicles) imposed ignition interlock restriction may operate a vehicle without an ignition interlock if:&lt;/p&gt; 
&lt;ul&gt;
	&lt;li&gt;The vehicle belongs to his employer (not self-employed),&lt;/li&gt; 
	&lt;li&gt;He is driving for work purposes only,&lt;/li&gt; 
	&lt;li&gt;He has put his employer on written notice that he is an ignition-interlock-restricted driver,&lt;/li&gt; 
	&lt;li&gt;He maintains a copy of that written notice in the vehicle for inspection.&lt;/li&gt;
&lt;/ul&gt; 
&lt;p&gt;Keep in mind that this exception could be eliminated on a case by case basis by order of a criminal court order that the defendant not drive without an ignition interlock under any circumstances. If the DMV exception applies, but the court order offers no such exception, then being caught driving does not constitute the crime of &amp;quot;Operating a Motor Vehicle without Ignition Interlock&amp;quot;. Instead, it constitutes a violation of the criminal court&amp;#39;s sentence and probation order.&lt;/p&gt; 
&lt;p&gt;If you&amp;#39;re convicted of a &lt;a href=&quot;http://www.saltlakecitycriminaldefensefirm.com/Criminal-Defense/DUI-Drunk-Driving.aspx&quot;&gt;DUI&lt;/a&gt; in the State of Utah, you should make sure that any court order regarding ignition interlock carves out the same exception provided by the 
	&lt;a href=&quot;http://www.saltlakecitycriminaldefensefirm.com/Criminal-Defense/DUI-Drunk-Driving/DMV-Hearings.aspx&quot;&gt;DMV&lt;/a&gt;. I know that reading all of the &amp;quot;legal mumbo jumbo&amp;quot; isn&amp;#39;t very entertaining; however, it could be those little clauses that make all the difference in the world. Of course I am not saying you should read every word, due to the length of many of the statutes, but taking a few moments and browsing through certain points and asking your &lt;a href=&quot;http://www.saltlakecitycriminaldefensefirm.com/&quot;&gt;criminal defense lawyer&lt;/a&gt; for clarification will help you to compare court orders with DMV notices etc.
&lt;/p&gt; 
&lt;p&gt;Stay safe, be smart and &lt;a href=&quot;http://www.saltlakecitycriminaldefensefirm.com/Contact-Us.aspx&quot;&gt;call us&lt;/a&gt; when you need us!&lt;/p&gt; 
&lt;p&gt;Rhome Zabriskie&lt;/p&gt;</description>
			<author>Salt Lake City Defense Lawyer</author>
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			<title>Illegal Sex Crime Sting Operations in Utah</title>
			<link>http://www.saltlakecitycriminaldefensefirm.com//Utah-Defense-Blog/2011/May/Illegal-Sex-Crime-Sting-Operations-in-Utah.aspx</link>
			<guid>http://www.saltlakecitycriminaldefensefirm.com//Utah-Defense-Blog/2011/May/Illegal-Sex-Crime-Sting-Operations-in-Utah.aspx</guid>
			<pubDate>Fri, 20 May 2011 17:55:00 GMT</pubDate>
			<description>&lt;p&gt;Our &lt;a href=&quot;http://www.saltlakecitycriminaldefensefirm.com/Criminal-Defense.aspx&quot;&gt;criminal defense&lt;/a&gt; team of lawyers recently represented a young woman who was caught up in a sex sting in the state of Utah. The woman fell prey to a sting conducted in a massage parlor in Salt Lake City, Utah. As a &lt;a href=&quot;http://www.saltlakecitycriminaldefensefirm.com/&quot;&gt;criminal defense attorney&lt;/a&gt; I have represented dozens of clients busted in these types of stings in Utah over the years. This one, however, was unique. My client, who I we&amp;#39;ll call Suzie, was arrested for allegedly agreeing to provide an undercover cop with what vice squad members call a happy ending. Suzie was subsequently arrested and charged with a 
	&lt;a href=&quot;http://www.saltlakecitycriminaldefensefirm.com/Criminal-Defense/Sex-Crimes/Prostitution-Solicitation.aspx&quot;&gt;misdemeanor for sexual solicitation&lt;/a&gt;. What makes this case distinct from other cases handled by our criminal defense team in Utah is that the undercover cop disclosed, in his written report, that he initiated the unlawful contact (not in those words). He reports that he reached around Suzie and groped her buttocks, and disrobed himself, thereby displaying his genitals. According to the officer&amp;#39;s report, any alleged criminal conduct on Suzie&amp;#39;s part took place after the officer&amp;#39;s admitted inappropriate conduct.
&lt;/p&gt; 
&lt;p&gt;In light of this cop&amp;#39;s revelations our criminal defense team challenged the conduct of the vice squad on every level. In the process of defending the case our defense team discovered that the prostitution vice squad operating in Salt Lake City has some very disturbing practices. Consider the following:&lt;/p&gt; 
&lt;p&gt;1. Prostitution stings are carried out under audio surveillance which the vice squad elects to not record.&lt;/p&gt; 
&lt;p&gt;2. The undercover officer in Suzie&amp;#39;s case testified under oath in one of our hearings that he is allowed to initiate touch anywhere on a massage therapists body except her genitals. He testified that he learned this from &amp;quot;on-the-job&amp;quot; training. &lt;/p&gt; 
&lt;p&gt;3. This group of Salt Lake undercover officers conducting sting operations enter massage parlors under fictitious names to protect their identity.&lt;/p&gt; 
&lt;p&gt;Utahns would be up in arms were these conditions publicly known. Of concern is the risk that a sting may go wrong as the undercover cop exposes himself in an illegal and lewd manner and the therapist does not yield to the officer&amp;#39;s sexual enticement. Perhaps worse, suppose the officer touches the therapist upon her buttocks or breasts and she does not yield to his enticement. How would one of these scenarios play out to a conclusion? The officer has obviously committed a serious crime against the therapist. Recall that this Salt Lake area vice squad has elected to not record the happenings that are under audio surveillance. Also, consider that the perpetrating undercover officer is operating under a fictitious name. What do you suppose would happen if the therapist, now victim, called 911 to report that some pervert just groped her and displayed his genitals? I know what they do to non-cops that engage in such conduct: I defend them against lewdness and sexual &lt;a href=&quot;http://www.saltlakecitycriminaldefensefirm.com/Criminal-Defense/Assault-Battery.aspx&quot;&gt;assault&lt;/a&gt; charges. &lt;/p&gt; 
&lt;p&gt;Undercover cops, however, are insulated from prosecution by the factors listed above. If an operation went bad, the victim would be calling in a report of a fictitiously-named person assaulting her. There would be no record of the incident with the vice squad (not recorded) and I highly doubt that vice cops would turn themselves, or their buddies in for such misconduct. If there were a risk of one of these undercover cops being detected for committing a sex crime on a massage therapist, think of the self-preservation incentive for him to lie about what really happened, and for his vice squad buddies to lie as well. &lt;/p&gt; 
&lt;p&gt;This issue is yet to come to a head since the sexual solicitation charge in Suzie&amp;#39;s case was dismissed. However, our &lt;a href=&quot;http://www.saltlakecitycriminaldefensefirm.com/Attorney-Profiles.aspx&quot;&gt;criminal defense team&lt;/a&gt; is constantly on the lookout for similar cases so that we can pick up where we left off in exposing the unethical practices of such 
	&lt;a href=&quot;http://www.saltlakecitycriminaldefensefirm.com/Criminal-Defense/Sex-Crimes.aspx&quot;&gt;sex crime&lt;/a&gt; vice squads in Utah.
&lt;/p&gt;</description>
			<author>Rhome Zabriskie</author>
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			<title>Top 4 Mistakes Motorists Make That Lead to DUI Convictions in Utah</title>
			<link>http://www.saltlakecitycriminaldefensefirm.com//Utah-Defense-Blog/2011/May/Top-4-Mistakes-Motorists-Make-That-Lead-to-DUI-C.aspx</link>
			<guid>http://www.saltlakecitycriminaldefensefirm.com//Utah-Defense-Blog/2011/May/Top-4-Mistakes-Motorists-Make-That-Lead-to-DUI-C.aspx</guid>
			<pubDate>Tue, 10 May 2011 03:00:00 GMT</pubDate>
			<description>&lt;p&gt;Many DUI prosecutions in the State of Utah are the result of the defendant being pulled over for some purpose other than DUI. After being pulled over and prior to being cited for DUI, it is typical for motorists to make one or more common mistakes. Once these mistakes are made it becomes entirely possible for an innocent person to be both prosecuted and convicted for DUI. Many of the DUI cases we handle in Utah are for persons being prosecuted for driving under the influence of a prescription drug, and certainly in some of these cases the prescription drug was not a factor in impairment. Such wrongful prosecutions may also occur in illegal drug, or alcohol-related DUI cases. All of these wrongful convictions are preceded by the motorist stepping into a pitfall of common mistakes. Many of these unfortunate wrongful convictions (and even some legitimate ones) could be avoided by people knowing and avoiding the top 4 mistakes motorists make that lead to DUI convictions in the State of Utah. Every year the Zabriskie Law Firm provides representation in dozens of &lt;a href=&quot;http://www.saltlakecitycriminaldefensefirm.com/Criminal-Defense/DUI-Drunk-Driving.aspx&quot;&gt;DUI defense cases&lt;/a&gt; in the State of Utah. Over the years our lawyers have provided representation to well over 1,000 DUI defendants. The following is a list of what we have observed as the most common mistakes motorists make prior to getting DUI citations in the State of Utah:&lt;/p&gt; 
&lt;ol&gt;
	&lt;li&gt;AGREEING TO PERFORM FIELD SOBRIETY TESTING&lt;/li&gt; 
	&lt;li&gt;REFUSING TO SUBMIT TO A CHEMICAL TEST&lt;/li&gt; 
	&lt;li&gt;VOLUNTEERING INFORMATION&lt;/li&gt; 
	&lt;li&gt;FAILURE TO IMMEDIATELY HIRE COMPETENT LEGAL COUNSEL&lt;/li&gt;
&lt;/ol&gt; 
&lt;p&gt;Each of these mistakes will be explained in detail below.&lt;/p&gt; 
&lt;p&gt;#1 AGREEING TO PERFORM FIELD SOBRIETY TESTING. &lt;a href=&quot;http://www.saltlakecitycriminaldefensefirm.com/Criminal-Defense/DUI-Drunk-Driving/Field-Sobriety-Tests.aspx&quot;&gt;Field sobriety testing&lt;/a&gt; is a &lt;a href=&quot;http://www.saltlakecitycriminaldefensefirm.com/Criminal-Defense/Assault-Battery.aspx&quot;&gt;battery&lt;/a&gt; of physical and dexterity tests administered by a cop in a DUI investigation. The purpose and design of the testing is to elicit incriminating evidence against the DUI suspect. These tests are difficult to pass under optimal conditions. Try doing them on the side of the road, late at night, with your friends and 2 cops watching, lights flashing, wind blowing and while you are cold, tired and totally stressed out by the circumstances. If you submit to field sobriety testing, you will fail. In my years providing DUI representation in the State of Utah I have reviewed literally thousands of police reports and only seen two reports acknowledging that a suspect passed a field sobriety test. Many of the suspects I have seen fail these tests were later shown to have no alcohol or drugs in their system. There is nothing in the law that requires you to submit to a field sobriety test. Always politely refuse a cop&amp;#39;s request that you submit to field sobriety testing. Don&amp;#39;t be afraid that they will arrest you for refusing their request. The fact is, once they have pulled you from the car they are going to arrest you anyway. The difference is, if they pull you from the car and you agree to perform field sobriety testing, they will both arrest you and have evidence to present to a jury demonstrating that you were intoxicated to a degree that it was not safe for you to be driving. At Zabriskie Law Firm we always tell our clients to refuse field sobriety testing.&lt;/p&gt; 
&lt;p&gt;#2 REFUSING TO SUBMIT TO A CHEMICAL TEST. In the State of Utah there is an administrative law which requires you as a motorist to submit to a police officer&amp;#39;s request for chemical testing. Although it is not a crime in and of itself to refuse chemical testing, you can suffer a 24 month administratively imposed revocation of your driving privilege for refusing a police officer&amp;#39;s request for chemical testing. The courts in the State of Utah allow evidence of a DUI suspect refusing a chemical test to be admitted at trial. This evidence does much damage to the DUI defendant. Furthermore, with sufficient probable cause a police officer can obtain a warrant to force a DUI suspect to provide a blood sample. If the sample is obtained from a DUI suspect by means of a warrant, the prosecution has a sample to present as evidence at trial and the suspect is still subject the administrative revocation for refusing a chemical test. There are very limited exceptions to this advice, but those exceptions should be discussed personally with an attorney from Zabriskie Law Firm.&lt;/p&gt; 
&lt;p&gt;#3 VOLUNTEERING INFORMATION. Keep in mind that nearly every question a police officer asks you in a DUI investigation is designed to have you incriminate yourself. His job is not to vindicate good guys, it is to bust criminals. The U.S. Constitution and the laws in the State of Utah protect the rights of suspects, including DUI suspects against self-incrimination. What this means for a DUI suspect in the State of Utah is that you do not have to, nor should you answer any questions about when and where you last used drugs or alcohol. You do not have to, nor should you answer any questions about whether you have a drug prescription for any medical condition. You do not have to, nor should you place pill bottles or alcohol containers anywhere within the vehicle where they can be viewed by a police officer. You do not have to, nor should you tell the officer where you are coming from or where you are going. Basically, you don&amp;#39;t have to tell the officer anything except who you are and who your insurance company is. Keep in mind when you are pulled over a police officer does not announce that you are suspected of DUI. This announcement does not come until the cop has removed you from your car. Until this point you may think he is just a real friendly cop who genuinely cares about where you have been and what you have been doing. The reality is, the small talk initiated by the cop is used to profile you for DUI. As a rule, any time you are pulled over by a cop, if you are concerned that you have any trace of drugs or alcohol in your system, limit all responses to your name and who provides your insurance. Engaging in small talk may get you arrested and convicted for DUI. If you do get arrested call one of the attorney&amp;#39;s at Zabriskie Law Firm for advice on how to not make any further mistakes in your DUI case. &lt;/p&gt; 
&lt;p&gt;#4 FAILURE TO IMMEDIATELY HIRE COMPETENT LEGAL COUNSEL. No matter how smart you believe you are, you cannot provide yourself with competent legal counsel as a DUI defendant. You are better off with a public defender. However, public defenders have a heavy case load and often leave their clients feeling totally ignored. Furthermore, public defenders do not handle your &lt;a href=&quot;http://www.saltlakecitycriminaldefensefirm.com/Criminal-Defense/DUI-Drunk-Driving/DMV-Hearings.aspx&quot;&gt;10-day DMV hearing&lt;/a&gt; request, or your DUI administrative hearing before the DMV. Neglecting the DMV hearing request and/or failure to appear at your own DMV hearing will result in an automatic DUI-related driver&amp;#39;s license suspension. Your best option is to hire an experienced &lt;a href=&quot;http://www.saltlakecitycriminaldefensefirm.com/Criminal-Defense.aspx&quot;&gt;criminal defense&lt;/a&gt; team like the team of attorneys at Zabriskie Law Firm who have successfully handled hundreds of DUI cases in the State of Utah. The lawyers at the Zabriskie Law Firm will make sure that all of your rights are protected and that any potential defense in your DUI case is exhausted.&lt;/p&gt;</description>
			<author>Zabriskie Law Firm</author>
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			<title>Welcome to our Salt Lake City Criminal Defense Blog!</title>
			<link>http://www.saltlakecitycriminaldefensefirm.com//Utah-Defense-Blog/2011/May/Welcome-to-our-Salt-Lake-City-Criminal-Defense-B.aspx</link>
			<guid>http://www.saltlakecitycriminaldefensefirm.com//Utah-Defense-Blog/2011/May/Welcome-to-our-Salt-Lake-City-Criminal-Defense-B.aspx</guid>
			<pubDate>Tue, 10 May 2011 02:44:00 GMT</pubDate>
			<description>We are proud to announce the launch of our &lt;a href=&quot;http://www.saltlakecitycriminaldefensefirm.com/Criminal-Defense.aspx&quot;&gt;criminal defense&lt;/a&gt; blog. We also have a &lt;a href=&quot;http://www.saltlakecitycriminaldefensefirm.com/Blog/Entire-Blog-Feed/RSS.xml&quot;&gt;blog RSS feed&lt;/a&gt;.</description>
			<author>Salt Lake City Criminal Defense Attorney</author>
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