By Greg Smith posted in Wage & Hour Claims on Saturday, February 27, 2016 The United States Department of Labor (as of December 19, 2015) posted what the United States Fair Labor Standards Act does not require. It is important to know what the “DOL” says because their opinions are usually followed by the nation’s …
What The Fair Labor Standards Act Does Not Require Read More »
In Utah, jurors cannot assume that just because you did something, you did it with criminal intent. In other words, let’s assume you raise your arms to yawn, and hit somebody in the nose while doing it, and then, that person’s nose starts to be bleed. Is this an automatic assault? Well, any Kindergartener knows …
Criminal Intent – The Necessary Mental State Known As MENS REA Read More »
Could you imagine if the Judge instructed your jury that they could merely flip a coin to determine whether you were guilty of innocent? Sadly, some trials have been determined that way, and many of my clients feel that’s sort of how “bench trials” go (when a judge, not a jury hears the case). We …
We are constantly being asked about the criminal process. So, this blog will briefly review what happens when a person is accused of a felony – starting from the arrest. 1. Arrest and Booking After the police have gathered their evidence (which is not always thoroughly done), often the accused person is arrested, taken to …
What Happens When a Person is Accused of a Felony? Read More »
What if the police “illegally” entered a home (i.e. without a warrant) and obtained evidence that showed a person had mostly likely been driving an SUV with a blood alcohol level of around .14 (nearly twice the legal limit), but that the police also managed to convince the judge that they “eventually” would have obtained …
Is a strong showing of probable cause enough to search without a warrant? Read More »
In Colorado, Brandon Coats claimed Dish Network violated the law by canning him because of his use of medical marijuana, which took place at home and during nonworking hours – after all, he had a medical marijuana card, and his health was very frail. He argued he was fired for doing something totally legal. For …
Medical Marijuana possession is still a federal crime in all 50 states Read More »
In June of 2015, the Tenth Circuit addressed photo-lineups again. They said that determining whether a photo lineup is overly suggestive the Court has to consider various factors: the size of the array [how many people are in the lineup], the manner of its presentation [did the police make it obvious whom they wanted the …
Factors for challenging a photo lineup that is overly suggestive Read More »
Been charged with criminal mischief? Well, you’re certainly not alone. And often, that charge is domestic violence (“DV”) related. When we get these cases, it’s typically a husband or father who’s accused of kicking a door, punching a wall, or slapping a table; however, women and kids get charged with this, too – just far …
4 Tips for Defense Against a Utah Criminal Mischief Domestic Violence Case Read More »
Should I be paid for my time of putting on my protective gear and taking it off? And what about the time I spend waiting to get my protective gear from the company? By Greg Smith posted in Wage & Hour Claims on Friday, June 26, 2015 These matters were decided by meat and poultry …
Should Utah Employees be paid for putting on protective gear? Read More »
So, you and a buddy are just chit chatting while walking down a street, and lo and behold! you stumble upon a $50 bill. You know it’s not yours, but hey, it’s your lucky day! So, you pocket the money, then happily skip down to a nearby restaurant and splurge, spending it all. Then you …
But I Just Stumbled Upon It! How Can That Be Theft? Read More »