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You have the right to remain silent and to have an attorney present before answering any questions by the government; and to be informed of your rights before entering into any agreement with the government.
You have the right to the best defense lawyer
With over a decade of criminal law experience, and previously as a Salt Lake County Deputy District Attorney, Assistant Utah Attorney General, and Special Assistant United States Attorney for the District of Utah, call Greg Ferbrache for an appointment.
Areas of Practice
Trial
Victim Advocacy
Criminal & Juvenile Defense
Government Relations
Officer Involved Critical Incidents
Expungements & Pardons
Google Reviews
Testimonials
I’ve worked with Greg Ferbrache on a number of tough cases. Some high profile, some not so much. I appreciated Greg’s consistent careful analysis coupled with compassion for crime victims and an unflinching commitment to doing the right thing. His clients in his new adventure as a solo practitioner will soon learn tht they’re getting quality legal representation by someone who knows the law and knows how the wheels of justice really turn.
Greg Ferbrache is a driven and passionate attorney with a deep understanding of criminal law and application of the statutes of the State of Utah and the U. S. Constitution. Mr. Ferbrache always provided our team with meaningful and valuable opinions and application of the law in the cases we worked together.
Latest News
Can I Film The Police In Utah?
In Utah, can I be charged with I crime if I use my phone or other device to record a law
enforcement encounter?
The Short answer is no, as long as you do not interfere with the law enforcement officer’s arrest or detention. In 2017, Utah Legislator and Chief Sponsor of Senate Bill 239, Senator Todd Weiler, and Representative Adam Gardiner enacted the following statute which provides:
“Recording the actions of a law enforcement Officer with a camera, mobile phone, or other photographic
device, while the officer is performing official duties in plain view, does not by itself constitute (a) interference with a police officer, (b) willful resistance, (c) disorderly conduct, or (d) obstruction of justice.”
The key is “does not by itself constitute”, meaning other facts or actions taken by the person filming can be considered to determine whether you can be charged criminally for interfering with an arrest or detention while filming a law enforcement encounter. Usually it will be the law enforcement officer who will assert those other facts or actions that resulted in the interference.
Can Police force me to stop filming?
Consider hiring a Criminal Defense Attorney to conduct Pre-Filing Negotiations as Part of your Criminal Defense Strategy.
By Gregory Ferbrache, a criminal defense attorney with over a decade of prosecutorial experience as a Salt Lake County Deputy District Attorney, Assistant Utah Attorney General, and Special Assistant United States Attorney for the District of Utah. You may contact him at FerbracheLaw.com
All too often the criminal defense attorney is retained after criminal charges have been filed against you. In cases that involve extended Investigations by the government, retaining an attorney while you are the Target of the Investigation is critical to a beneficial outcome. Although it seems intuitive to do so, most attorneys are rarely able to employ this strategic tactic because they are not retained early enough.
Generally speaking, a complaint is made to the government alleging a crime is being committed and a request for an Investigation is submitted. Unlike a crime of interdiction where the commission of a crime is clear, like an assault or a homicide, a report of a belief of a crime will require an Investigation. Usually these types of crimes involve financial fraud or a sophisticated criminal enterprise. Investigative tools to obtain evidence of these crimes may involve Administrative Subpoenas, Investigative Subpoena, Confidential Informants, Government Informants, Surveillance, and apprehension of co-conspirators who agree to give testimony. At some point during the Investigation, you will likely be contacted by the government to make a statement.
DO NOT speak with the Government without first seeking advice of Counsel. Those statements are evidence and can be used against you. The Investigator does not need to provide you their motive or purpose for getting your statement. Don’t believe telling the truth at this stage will convince the Investigator to close the Investigation, even if you are telling the truth!
Rather than provide an uncounseled statement against yourself, it is imperative, You, as the Target, go on the offensive with a well formulated strategy with your criminal defense attorney. Read more
Can I Film The Police In Utah?
In Utah, can I be charged with I crime if I use my phone or other device to record a law
enforcement encounter?
The Short answer is no, as long as you do not interfere with the law enforcement officer’s arrest or detention. In 2017, Utah Legislator and Chief Sponsor of Senate Bill 239, Senator Todd Weiler, and Representative Adam Gardiner enacted the following statute which provides:
“Recording the actions of a law enforcement Officer with a camera, mobile phone, or other photographic
device, while the officer is performing official duties in plain view, does not by itself constitute (a) interference with a police officer, (b) willful resistance, (c) disorderly conduct, or (d) obstruction of justice.”
The key is “does not by itself constitute”, meaning other facts or actions taken by the person filming can be considered to determine whether you can be charged criminally for interfering with an arrest or detention while filming a law enforcement encounter. Usually it will be the law enforcement officer who will assert those other facts or actions that resulted in the interference.
Can Police force me to stop filming?
Consider hiring a Criminal Defense Attorney to conduct Pre-Filing Negotiations as Part of your Criminal Defense Strategy.
By Gregory Ferbrache, a criminal defense attorney with over a decade of prosecutorial experience as a Salt Lake County Deputy District Attorney, Assistant Utah Attorney General, and Special Assistant United States Attorney for the District of Utah. You may contact him at FerbracheLaw.com
All too often the criminal defense attorney is retained after criminal charges have been filed against you. In cases that involve extended Investigations by the government, retaining an attorney while you are the Target of the Investigation is critical to a beneficial outcome. Although it seems intuitive to do so, most attorneys are rarely able to employ this strategic tactic because they are not retained early enough.
Generally speaking, a complaint is made to the government alleging a crime is being committed and a request for an Investigation is submitted. Unlike a crime of interdiction where the commission of a crime is clear, like an assault or a homicide, a report of a belief of a crime will require an Investigation. Usually these types of crimes involve financial fraud or a sophisticated criminal enterprise. Investigative tools to obtain evidence of these crimes may involve Administrative Subpoenas, Investigative Subpoena, Confidential Informants, Government Informants, Surveillance, and apprehension of co-conspirators who agree to give testimony. At some point during the Investigation, you will likely be contacted by the government to make a statement.
DO NOT speak with the Government without first seeking advice of Counsel. Those statements are evidence and can be used against you. The Investigator does not need to provide you their motive or purpose for getting your statement. Don’t believe telling the truth at this stage will convince the Investigator to close the Investigation, even if you are telling the truth!
Rather than provide an uncounseled statement against yourself, it is imperative, You, as the Target, go on the offensive with a well formulated strategy with your criminal defense attorney. Read more
Can I Film The Police In Utah?
In Utah, can I be charged with I crime if I use my phone or other device to record a law
enforcement encounter?
The Short answer is no, as long as you do not interfere with the law enforcement officer’s arrest or detention. In 2017, Utah Legislator and Chief Sponsor of Senate Bill 239, Senator Todd Weiler, and Representative Adam Gardiner enacted the following statute which provides:
“Recording the actions of a law enforcement Officer with a camera, mobile phone, or other photographic
device, while the officer is performing official duties in plain view, does not by itself constitute (a) interference with a police officer, (b) willful resistance, (c) disorderly conduct, or (d) obstruction of justice.”
The key is “does not by itself constitute”, meaning other facts or actions taken by the person filming can be considered to determine whether you can be charged criminally for interfering with an arrest or detention while filming a law enforcement encounter. Usually it will be the law enforcement officer who will assert those other facts or actions that resulted in the interference.
Can Police force me to stop filming?
Consider hiring a Criminal Defense Attorney to conduct Pre-Filing Negotiations as Part of your Criminal Defense Strategy.
By Gregory Ferbrache, a criminal defense attorney with over a decade of prosecutorial experience as a Salt Lake County Deputy District Attorney, Assistant Utah Attorney General, and Special Assistant United States Attorney for the District of Utah. You may contact him at FerbracheLaw.com
All too often the criminal defense attorney is retained after criminal charges have been filed against you. In cases that involve extended Investigations by the government, retaining an attorney while you are the Target of the Investigation is critical to a beneficial outcome. Although it seems intuitive to do so, most attorneys are rarely able to employ this strategic tactic because they are not retained early enough.
Generally speaking, a complaint is made to the government alleging a crime is being committed and a request for an Investigation is submitted. Unlike a crime of interdiction where the commission of a crime is clear, like an assault or a homicide, a report of a belief of a crime will require an Investigation. Usually these types of crimes involve financial fraud or a sophisticated criminal enterprise. Investigative tools to obtain evidence of these crimes may involve Administrative Subpoenas, Investigative Subpoena, Confidential Informants, Government Informants, Surveillance, and apprehension of co-conspirators who agree to give testimony. At some point during the Investigation, you will likely be contacted by the government to make a statement.
DO NOT speak with the Government without first seeking advice of Counsel. Those statements are evidence and can be used against you. The Investigator does not need to provide you their motive or purpose for getting your statement. Don’t believe telling the truth at this stage will convince the Investigator to close the Investigation, even if you are telling the truth!
Rather than provide an uncounseled statement against yourself, it is imperative, You, as the Target, go on the offensive with a well formulated strategy with your criminal defense attorney. Read more