It’s alarming but true. Police have shot more people in the first four months of this year (seven), than in all of 2017 (six). With memories of 2014’s statistics of police killing more people in Utah than gangs, the streets can be a dangerous place for citizens.
One of the focus areas of Ferbrache Law, is representing you if you find yourself the target of police violence. Bodycam footage showed the 2017 shooting of Patrick Harmon, a black man shot in the back while running away. After a seven week investigation by the Salt Lake County DA’s office, this shooting was ruled “justified.”
Ferbrache Law can effectively represent you in an Officer Involved Incident case. Holding Law Enforcement accountable is essential for the safety and protection of our communities.
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.
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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
https://i1.wp.com/ferbrachelaw.com/wp-content/uploads/2017/12/blog1.jpg?fit=1200%2C823&ssl=18231200Greghttp://ferbrachelaw.com/wp-content/uploads/2017/12/shieldlogov3.pngGreg2017-12-28 17:52:512018-06-09 20:38:55Consider hiring a Criminal Defense Attorney to conduct Pre-Filing Negotiations as Part of your Criminal Defense Strategy.