Victories

Recent Victories

Not Guilty of Sex Solicitation at Jury Trial

The Defendant was found not guilty of sex solicitation at jury trial.  The police contacted the defendant through craigslist and set up a sting operation.   The police met the defendant in her hotel room.  The defendant removed her top, gave the police officer a nude massage with oil and agreed to a sex act for money.  The police, who had listened to the the entire interaction busted into the hotel room after the agreement for the sex act was reached (which curiously was after the officer endured (enjoyed?) a 50 minute massage).  It turns out that there was a pimp in the closet.   The defense successfully argued that the pimp in the closet was the mastermind of the operation and forced the defendant to commit a sex act.  The jury believed her and she was found not guilty of sex solicitation.

Not Guilty of Felony DUI at Jury Trial

An immigrant to the United States was charged with Felony DUI, Misdemeanor Alcohol Restricted Driver, Misdemeanor Driving on a Suspended License and a Head Lamp Violation.  The police stopped the defendant for the head lamp violation, which then turned into a DUI stop.  The police officer requested that the defendant perform the field sobriety tests, which he failed.  The police officer then requested a breath test.  The defendant refused to take a breath test and started cursing at the police officer.   No warrant for the defendant’s blood was executed.  The jury accepted the argument that if the defendant was truly guilty of Felony DUI and the other Misdemeanor charges, then surely the police officer would have requested a warrant from a judge to draw the defendant’s blood in order to determine if he was intoxicated.  The jury accepted this defense and found the Defendant not guilty of all charges except the head lamp violation for which the defendant was fined $40.

Not Guilty of DUI at Jury Trial

The police officer stopped the defendant for speeding in his BMW X5.  The officer believed the defendant was drunk and had the defendant perform the field sobriety tests.  The police officer then arrests the defendant for DUI.  The Defendant states he only had one beer at The Bayou, which is a local Salt Lake City Restaurant and he refuses to submit to a breath test.  The officer charges the Defendant with DUI.  At trial the defense explains that the defendant is a businessman who simply had one drink over dinner and was not intoxicated.  The jury believed that the defendant was not drunk and failed to convict him of DUI.

Not Guilty of Assault at Jury Trial

The defendant and a neighbor argued over snow removal.  The defendant allegedly struck the neighbor with a snow shovel; however, the defendant was found not guilty of assault at jury trial.

Not Guilty at Jury Trial of Domestic Violence: Assault

The defendant was dropping off his two young children with his ex-wife.  The ex-wife was angry with the defendant and started arguing over childcare issues.  The ex-wife tried to snatch the children from the defendant’s car.  The defendant was concerned about the children’s safety and slapped the ex-wife’s hand as she attempted to violently remove the children from the car.  The police charged the defendant with domestic violence, but the Judge found that the defendant acted in defense of a 3rd person (the children) and found the defendant not guilty of domestic violence.

Not Guilty

Forgery, Possession of Forged Writing, Attempted Theft

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Charges Dropped for Massage Therapist

A massage therapist, charged with sexual abuse of his clients, had his charges dropped in court after prosecutors learned more about the case.  “I think that on further investigation, it was just a mistake in terms of whether there was sexual touching or not,” said Defense Attorney Clayton Simms.

Verdict is in: SLC Attorney named Lawyer of the Year

Clayton Simms was named Lawyer of the Year by the Utah Minority Bar Association.

It isn’t that Simms approves of crime. Instead, his fervor for defending those charged with crimes stems from his respect for the criminal justice system, with its checks and balances and its necessarily adversarial nature.

“I’ve always worked for the underdog,” Simms said. “It’s a challenge and a reward to fight for the underdog and fight authority.”

He admits there are “obviously difficult circumstances” since certain crimes — and the people charged with them — are viewed as repulsive. Still, he contends, these people need and deserve legal help.

“I wake up every morning and I’m thrilled,” he said. “It’s an honor and a responsibility to represent people charged with what society thinks are heinous crimes. They deserve the best representation. They are the people you want to fight for.”

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