(2) the arrested person's refusal to perform any act required by lawful order: (a) necessary to effect the arrest or detention; and, (b) made by a peace officer involved in the arrest or detention; or. It almost certainly won't do you any good, however. Our thorough understanding of the criminal code allows us to identify weaknesses in the case against you and use those weaknesses as leverage for obtaining a dismissal or favorable plea bargain. (3) the arrested persons or another persons refusal to refrain from performing any act that would impede the arrest or detention. Interference with court-ordered custody (a) A person commits the offense of interference with court-ordered custody if the person: (1) Knowing that he or she has no lawful right to do so, takes, entices, or keeps any minor from any person entitled by a court decree or order to the right of custody of the minor; Attorney Justin S. Pratt handles all types of criminal cases, with an emphasis on DUI-related charges. In other words, cops can do whatever they want and you have no right to fight back. xref 18 Utah Code Sections Affected: 19 AMENDS: 20 76-8-305, as last amended by Laws of Utah 1990, Chapter 274 21 22 Be it enacted by the Legislature of the state of Utah: 23 Section 1. Resisting arrest is often combined with other charges. Utah Human Services Code Title 63A. /O 13 0000022203 00000 n (3) the arrested person's or another person's refusal to refrain from performing any act that would impede the arrest or detention. We at Intermountain Legal fully appreciate the effect any type of criminal charge can have on your life and reputation. Kid A cant figure out whats going on and starts to tell the cop to leave him alone and starts to pull away from the officer. Please check official sources. Sign up for our free summaries and get the latest delivered directly to you. Highway: includes public bridges and may be held equivalent to the words "county way" "county road" or "state road". The problem in many cases is that the law on this issue does not extend to the conduct alleged by the police and a charge of this nature should never have been brought. The officer tackles Kid A and then cites him for resisting arrest. Get free summaries of new opinions delivered to your inbox! Utah Code 10-8-50. /Annots [37 0 R ] Kid B leaves the bathroom leaving the odor of smoked cigarettes in the bathroom. In Oliver v. >> ) Independent State Entities Title 63I. << This site is protected by reCAPTCHA and the Google, There is a newer version of the Utah Code, Chapter 08 Offenses Against the Administration of Government. /Prev 81085 0000065289 00000 n The resisting arrest law in found in the Utah Code. Officer searches Kid As person and backpack and finds no Officer tells Kid A to go to the principals office and grabs his arm. Indiana Petition for Waiver of Reinstatement Fee, U.S. Code > Title 18 - Crimes and Criminal Procedure, Florida Regulations > Division 2A - Division of Victim Services and Criminal Justice Programs, Illinois Compiled Statutes > 720 ILCS 5 > Title I > Article 1 - Title And Construction Of Act; State Jurisdiction, Illinois Compiled Statutes > 720 ILCS 5 > Title I > Article 2 - General Definitions, Illinois Compiled Statutes > 720 ILCS 5 > Title I > Article 3 - Rights Of Defendant, Illinois Compiled Statutes > 720 ILCS 5 > Title II > Article 4 - Criminal Act And Mental State, Illinois Compiled Statutes > Chapter 720 - Criminal Offenses, Missouri Laws > Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders, New York Laws > Executive > Article 35 - Division of Criminal Justice Services, New York Laws > New York City Administrative Code > Title 9 - Criminal Justice, Tennessee Code > Title 39 - Criminal Offenses, necessary to effect the arrest or detention; and, made by a peace officer involved in the arrest or detention; or. 76-8-305. 2) When the citizen has "reasonable cause" that the arrestee has committed a felony, whether or not it was committed in the person's presence. Could the police then charge you with interference? utah traffic violation codes. x\Io9(E}Ler~YYHm,q2= _z?>7O<>SIgrqg#>Y_KeW}7ut=`u]IvU]Q~{ }wMOyd`/!;!>wXv{W 0.Ev={&?'OC> k[1gt$aq"k: v4aHt"j{ CXVH+86lxbp|I/V :D5EAg=8P$tDT?!-7m2E 4D#X)V Cz!Q? Arrest: Taking physical custody of a person by lawful authority. Thomas Joseph Young in Utah Salt Lake County arrested for ASSAULT AGAINST A POLICE OFFICER-MILITARY SERVICE MEMBER, ASSAULT, AGGRAVATED ASSAULT, INTERFERENCE WITH ARRESTING OFFICER, DISORDERLY CONDUCT. The Federal Bureau of Investigation announces a $15,000 reward in search of individuals involved in three arson attacks on Roman Catholic churches that serve Hispanics and migrants in El Paso, Texas. << This site is protected by reCAPTCHA and the Google, There is a newer version of the Utah Code, Chapter 8 - Offenses Against the Administration of Government, Part 3 - Obstructing Governmental Operations. (1) Except as provided in subsections (2), (3), and (4), an individual who assaults, batters, wounds, resists, obstructs, opposes . 0000043219 00000 n Over the last 100 years, however, the courts have removed the lawful component of resisting arrest even though the statute says the arrest has to be lawful! A Class B misdemeanor is the same offense level as a first-time DUI with no aggravating circumstances, meaning it is a fairly serious crime that can result in substantial fines and even confinement. As a former prosecutor Steven gained an intimate knowledge of various Domestic Violence Courts, DUI courts and other criminal court programs and procedures. A person who knowingly resists or obstructs anyone known by the person to be a peace officer, emergency medical care provider under chapter 147A, or fire fighter, whether paid or volunteer, in the performance of any act which is within the scope of the lawful duty or authority of that officer, emergency medical care provider under chapter 147A . Amended by Chapter 274, 1990 General Session. Interference with arresting officer. Our Other Services Domestic Violence in the Presence of a Child in Utah Violation of a No Contact Order Violation of a Protective Order Threat Violence Utah Domestic Violence Laws Get free summaries of new opinions delivered to your inbox! According to the statute, the crime for interfering with an arresting officer can attach only if the arrest was lawful. So for example, lets say that a Kid A, an 18 year old, is in the bathroom at his school using the facilities. Utah law imposes strict penalties for resisting arrest or interfering with the arrest of another, and even seemingly innocuous and minor conduct can constitute resistance. As you can see the statute is very specific, and limiting, upon what circumstances a person would be guilty of interfering with an arrest in Utah. That is why if you have been charged with this crime it is crucial that both prosecutors and the court have all the facts. For more on Steve's experience, click here. Greek police arrest a 65-year-old Lebanese suspect in the 1985 hijacking of TWA Flight 847 and the death of U.S. Navy Petty Officer Robert Stethem. Even inaction, suchas refusing to follow instructions from a policeofficer, can lead to a person being charged for interfering with an arresting officer. (ii) made by a peace officer involved in the arrest or detention; or (c) refusing to refrain from performing any act that would impede the arrest or detention. State Commissions and Councils Code Title 63D. For more on Matthew's experience click here. Interference . Interference with arresting officer. Kid A remains in the stall in the bathroom. As with other crimes involvingconflicts with police in Utah, even if the other charges against you are dropped, a resisting charge can still mean fines, jail time and a criminal record. Terms Used In Utah Code 76-8-1403. /Font << /F12 15 0 R /F17 20 0 R /F22 25 0 R /F28 31 0 R /F36 38 0 R /F41 43 0 R /F47 49 0 R >> %%EOF As a former prosecutor Steven gained an intimate knowledge of various Domestic Violence Courts, DUI courts and other criminal court programs and procedures. 0000069690 00000 n . But unfortunately, it is all too easy for angry spouses or partners to use these laws as a weapon through false or inflated allegations or for otherwise reasonable and law abiding individuals to face disproportionate punishment for one isolated mistake such as interruption of a communication device. Oversight Title 63J. Utah code lays out when a private person may arrest another: 1) When the crime was committed (or attempted) in the citizen's presence, OR. 0000040576 00000 n You're all set! 2021 Intermountain Legal P.C. /Root 12 0 R 0 The Utah Criminal Code, UTAH CODE ANN. As used in this subchapter: (1) "Arrest" is the taking of a person into custody in order that the person may be forthcoming to answer for the commission of a crime. Enacted by Chapter 15, 1980 General Session 0000062605 00000 n 2021 Intermountain Legal P.C. %PDF-1.4 << Melissa Fennel, 27, of Osawatomie was driving a 2017 Ford F-150 south on Lookout Road near West 363rd Street at 1:19 p.m. Jan. 12 when she struck a pothole and lost control of the vehicle, which left the roadway and struck a tree before coming to a stop in a residential yard, according to a sheriff's report. (a) A person commits the offense of refusing to assist a law enforcement officer if, upon command by a person known by him or her to be a law enforcement officer, the person unreasonably refuses or fails to assist in effecting a lawful arrest or preventing another person from committing an offense. Because of her excellent reputation and track record of success in Utah courts, she was heavily recruited by multiple law firms. 0000046642 00000 n utah traffic violation codes why do employers prefer managed care organizations mcos. To get the ball rolling on a custodial interference prosecution you need to report the custodial interference to the police or to the local county or city attorney. (1) A person is guilty of a class B misdemeanor if the person knows, or by the exercise of reasonable care should have known, that a peace officer is seeking to effect a lawful arrest or detention of that person or another person and interferes with the arrest or detention by: (b) refusing to perform any act required by lawful order: (i) necessary to effect the arrest or detention; and, (ii) made by a peace officer involved in the arrest or detention; or. In the above example Kid A was innocent of the original crime possessing tobacco. Attorney Justin S. Pratt handles all types of criminal cases, with an emphasis on DUI-related charges. /Resources << They may but they also might have a difficult time convincing a judge or jury that putting out your cigarette was necessary for them to arrest or detain you and might very well lost the case at trial. 0000068749 00000 n Jackie is a skilled trial attorney and negotiator who specializes in criminal defense. Kid B is also in the bathroom but he is smoking in the bathroom. Cops cant simply go around arresting people for no reason and then charge them with resisting arrest when they actually stick up for their rights. Utah Code Page 1 Part 3 Obstructing Governmental Operations . 0000053690 00000 n Preliminary Hearing and Subpoenaing an Alleged Victim Witness? /ID [<0182d6390d39fd8e0e11fa08e8ffcc5f><0182d6390d39fd8e0e11fa08e8ffcc5f>] 719.1 Interference with Official Acts. We make every effort to keep you informed and to keep your goals and concerns in mind when constructing our strategy and always strive for a swift and favorable resolution of your contact with the criminal justice system. All Rights Reserved. You can explore additional available newsletters here. Legislative Update: Raising the Age Limit for Smoking and Medical Hemp Use Pass First Hurdles. You may not be guilty under the plain language of the statute. /Pages 8 0 R 0000000017 00000 n We make every case as important to us as it is to you. The attorneys at Salcido Law Firm PLLC represent clients all throughout the State of Utah including such areas as Salt Lake City, Ogden, Provo, St. George, Salt Lake County, Utah County, Davis County, Weber County, Cache County, Iron County, Washington County, and more. 2015 Utah Code Title 76 - Utah Criminal Code Chapter 8 - Offenses Against the Administration of Government Part 3 - Obstructing Governmental Operations Section 305 - Interference with arresting officer. When charged with Interference with Arresting Officer in Utah, be sure to speak with a Utah Criminal Defense Attorney at Salcido Law Firm before doing anything else. 0000005768 00000 n Kid A finishes up, washes his hands, and leaves the bathroom. 0000052145 00000 n stream /Metadata 10 0 R Hayli is a skilled attorney who specializes exclusively in family law. Spending the majority of her career in the courtroom, Elly understands how to effectively advocate for her clients who find themselves in the toughest of situations. At Intermountain Legal we use our practical knowledge of the criminal justice system to help clients fight these substantial charges. ! " There is a newer version of the Utah Code View our newest version here endobj Bonds Title 63C. It can also create a criminal record that can follow you for years to come. # j 0000006283 00000 n Sign up for our free summaries and get the latest delivered directly to you. endobj 0000053339 00000 n Interference with peace officer. She joined Intermountain Legal because of the firms dedication to giving personal attention to each client and to providing excellent legal representation in every case. 0000069997 00000 n Disclaimer: These codes may not be the most recent version. The wording of the statute does not necessary require this to occur by force, violence or intimidation. 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