Does Everyone Who Is Convicted Of A Sex Crime Have To Register?
Not everyone who is convicted of a sex crime has to register. There are certain delineated sex crimes that require registration, but not all of them.
How Can Being Charged With A Sex Crime Impact Someone’s Life In Utah?
A person who is charged with a sex crime may be arrested and brought into custody. If a bail is set, it will be sizeable. It will require a significant outlay of money to regain a person’s liberty. The person may be required to remain in custody, which would certainly take them away from their family and their work. That’s the biggest impact, aside from the stigma, shame and embarrassment that often comes along with being a named defendant in these kinds of cases.
Are The Majority Of People Aware That They Are Being Investigated For a Sex crime Prior To Arrest?
Yes, the majority of people are aware that they are being investigated for a sex crime. Oftentimes they’re contacted and asked to make a statement or to discuss the allegations. So, that often tips the person off that they’re being investigated. However, that doesn’t necessarily happen in every case. If it doesn’t, and if the person is not told of the allegations by the accuser, then they would have no way of knowing.
What Steps Should I Take If Have Been Arrested For A Sex Crime In Utah?
If you’ve been arrested for a sex crime in Utah, you should hire an attorney, remain silent and not make any statements to the authorities. You should begin to discuss the facts and details of the case with your attorney in order to begin mounting a defense. In addition, bail will need to be discussed and possibly litigated in order to secure your liberty out of custody. In these cases, those are the main considerations that a person should make right off-the-bat.
How Often Do Sex Crime Cases End Up Going All The Way To Trial?
Whether or not a sex crime case will go all the way to trial requires a very fact-dependent analysis. Cases in which the defense is actual innocence go to trial fairly frequently. This is especially true when the client is adamant that they didn’t do it and wants their day in court, regardless of the potential penalties and consequences of being found guilty. Cases that involve evidence of misconduct beyond the accuser’s testimony or statement rarely go to trial. This is because of the exposure and fallout if it were to go against the defendant.
Can Someone Ever Have A Sex Offense Conviction Expunged Or Sealed In Utah?
Some sex offense convictions can be expunged or sealed in Utah. The expungement statute specifically precludes violent felonies and registerable sex offenses, so those few offenses that fall outside of those preclusions would be permissible to be expunged.
Can Someone Represent Themselves Or Use A Public Defender In A Sex Crime Case?
It’s certainly ridiculous to think that a person could represent themselves. Public defenders are asked this a lot, and it really just depends on who you get and what their caseload is. Here in Salt Lake County, we have a very good legal defender association that does very good work and provides very good defenses in most cases. What I would say is that they’re usually good people and good attorneys, but they are just overloaded with their caseload. As a result, they can’t give each case the attention that it needs and requires. That’s why people are often better suited or better served to go with private counsel. However, I would say that a public defender could possibly do a good job.
What Restrictions Does A Registered Sex Offender Face With Regard To Employment, Residence?
There are five protected or off-limit zones for a person convicted of a sex crime against a minor: licensed daycares or preschools, swimming pools open to the public, public or private primary or secondary schools, community parks open to the public, and playgrounds open to the public. So, it’s quite a number of places where a person having been convicted of a sex crime against a minor is prohibited from going. Also, offenders must register within three business days of every change of primary residence, secondary residence, employment, vehicle information and educational information.
How Are Juvenile Sex Crimes Handled In Utah?
Sex cases involving juveniles or the allegations of one sibling against another are very challenging. When you’re dealing with a four or five-year old child who is presenting the story, you have to realize that a child of that age doesn’t necessarily know the difference between reality and fantasy or truth and lies. It is especially important to have an attorney involved with these types of cases. There is some case law that is very useful for defense attorneys, whereby the Utah Supreme Court has basically said that where two minor children engage in a consensual sexual act, it would create a preposterous result for them to be prosecuted. So, the Utah Supreme Court has recognized that those kinds of circumstances should not be prosecuted.
For more information on Registering As A Sex Offender In Utah, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (801) 455-1743 today.
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