Too often, victims of domestic violence are mistakenly arrested and criminally charged for protecting themselves from the violence committed against them by the perpetrator who has long been the abuser in a relationship. Unfortunately, these victims feel trapped in the abusive relationship are now more restrained within the criminal system. Rather than fight, many choose to accept a plea deal, and not allow the truth to prevail.
In Utah, even accepting a plea in abeyance to a domestic violence offense can have significant ramifications. A plea in abeyance, although not a conviction, requires you to pay a fine, to be supervised by either the court or probation, to undergo domestic violence treatment, and to risk a conviction if you are unable to complete the ordered terms. Also, a plea in abeyance to domestic violence is enhanceable, meaning that if you are accused of committing domestic violence in the next five years, the government can increase the penalty by one degree, which is significant.
Simply put, the abuser can use protections meant for victims as a sword against the victim and not as a shield as it was intended.
More importantly, the abuser can use the allegation against the victim in many ways. Knowing that a violation of the agreement will result in conviction, the abuser gains even more power and control over the victim. The abuser can also use the allegation to bolster a Department of Child and Family Services (DCFS) action, gaining the upper hand for custody in a divorce proceeding, and to obtain a protective order against the victim. Simply put, the abuser can now use the protections that were meant for victims as a sword against the victim and not as a shield as it was intended.
All hope is not lost. Having a defense attorney experienced in the dynamics of domestic violence will provide you the ability to tell your side of the story. Greg Ferbrache has over 14 years as a prosecutor working with victims of domestic violence and other serious victim crimes, and has been recognized for his work in the domestic violence field. As a criminal defense attorney, Greg has successfully obtained justice for victims who have been mistakenly charged. If you have been falsely accused of a crime you did not commit, give Ferbrache Law a call (801) 440-7476.
http://ferbrachelaw.com/wp-content/uploads/2017/12/shieldlogov3.png00Greghttp://ferbrachelaw.com/wp-content/uploads/2017/12/shieldlogov3.pngGreg2019-04-08 21:16:172019-04-08 21:25:45When The Victim Is Charged
After successful plea bargain negotiations Adam Patrick Hemmelgarn, 38 of Hooper was sentenced to 128 months of prison followed by three years’ probation. Prosecutors agreed to drop three other charges. Mr. Hemmelgarn will pay $15,100 in funeral expenses for the man who died after ingesting fentanyl-laced fake Oxycodone sold by Mr. Hemmelgarn.
The national media widely reported this and a related oxycodone case after the death of Jaydon Rogers on March 14, 2018. A Weber County Sheriff found Rogers unresponsive in his West Haven home on March 12, 2018, noticing a pill on the floor leading to an overdose investigation. Over the next few months Weber County Detectives and federal agents traced the fentanyl laced pills back to Mr. Hemmelgarn.
Rogers had been a wrestling coach at Freemont High School after college. He was a state wrestling champion in 2014 and won All-American honors at junior college.
Greg Ferbrache with co-council negotiated a plea deal for Mr. Hemmelgarn. Cases with intense media scrutiny, like this case can create pressure on prosecutors to seek harsh sentences. Opioid addiction and overdose is a national epidemic, garnering greater attention to individuals prosecuted for opioid offenses. If you or someone you know is struggling with drug addiction please call: 801-583-2500. The University of Utah offers a program for drug addiction treatment.
Greg Ferbrache is an experienced defense attorney and former prosecutor. Call him: (801) 440-7476 to ensure your right’s are protected.
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A two time combat veteran was arrested after being forced to leave a Mia Love rally. He fought and won.
“An injustice anywhere is a threat to justice everywhere”
– Martin Luther King, Jr.
Joshua Cameron, a two time U.S. Army war campaign combat veteran, was vindicated after being charged with criminal trespassing and disorderly conduct at a political rally for Mia Love, held at Thanksgiving Point. At the Mia Love rally, he was first prohibited from carrying the American Flag and when he sought to have his voice heard while at the Rally, Thanksgiving Point security immediately escorted Mr. Cameron out of the building. Although he complied with each of their demands, Mr. Cameron believes his own congressional representative at the time, Mia Love, had him thrown out and asked that the Lehi City Police Department cite him for criminal trespassing and disorderly conduct.
Knowing the importance of the matter, he hired Ferbrache Law to ensure his best outcome and to secure his constitutional rights at all costs. Zealously advocating for his client, Greg Ferbrache obtained a dismissal on the morning of trial from Lehi City. Mr. Cameron was exonerated.
The cost of Mia Love using the government to impose her will of suppressing one man’s voice because she may have disagreed with his opinion was to expend tax money in the form of law enforcement and prosecution. The cost to Mr. Cameron, who had earned his right to speak as an American, voter, and combat veteran, and was doing so at a political rally within the district he was to vote, were legal fees and the stigma of being treated as a criminal.
Mr. Cameron would like to go on record with the following statement:
“When I was escorted out of a political rally, where my Lt Governor, State Attorney General, Auditor, U.S. Senator and Federal Representative were, they thought they had seen the last of me. They thought they could bulldoze over my rights, which I had fought for in multiple war zones. We live in a time where our government throw babies in cages. Mia Love and the other elected officials may not want to hear the truth, especially during an election, but she shouldn’t be able to hide from the truth by using the government as a tool to suppress the truth. Since I spoke out at the Mia Love Rally on the evening of August 24, 2018, multiple children have died while in immigration custody. Poor people with no money and no power are being locked up on our southern border. The system tried to threaten me with six months in jail, and a criminal record. Because I stood up and had the money to hire a lawyer who would fight for my constitutional rights, the charges were rightfully dismissed. Without financial means, I too could be detained much like those on our Southern border if I had not challenged the system. To allow these people to be detained, thrown in dog kennels and treated with indignity and injustice, allows our very citizens to be treated the same way. To stand up for these people is to stand up for ourselves.”
Despite Mr. Cameron’s constitutional rights disregarded by his own elected delegates that evening, Mr. Cameron will again look toward having his voice heard. He encourages you to do the same.
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