The Utah Court of Appeals addressed two related issues in this appeal from a conviction for possession of drug paraphernalia. These issues included: The defendant was accused of possession of a controlled substance (later testing showed it to be methamphetamine) and drug paraphernalia. Allegations were that the defendant pulled a baggie out of his pocket […]
Utah SB 23 – 2024 General Session
Senate Bill 23, 2024, proposes certain changes to Utah’s sex and kidnap offender registry, and child abuse offender registry. The chief purpose of the bill is to combine the different registries into a single, consolidated registry that would be called the “Sex, Kidnap, and Child Abuse Offender Registry.” One of the sections affected by the […]
Interlocutory Appeals in Utah Criminal Cases
An interlocutory appeal is one that is filed prior to a final judgment is entered. In most criminal cases, this will mean filing a petition for permission to appeal an order entered prior to either the trial court’s sentencing order or an order dismissing the case. Permission to appeal an interlocutory order is not automatically […]
General Intent or Specific Intent in Utah Criminal Cases
The terms “general intent” and “specific intent” are used commonly in discussing the mens rea (mental state) elements of various crimes. The terminology has a long history in American courts and English common law can be useful in informal discussions. As a defense attorney, keep in mind that Utah law no longer makes use of […]
Davis County Justice Court
The Davis County Justice Court handles infractions, class C, and class B misdemeanor-level charges. For more serious felonies and class A misdemeanors that occur in Davis County, these cases must be filed at the Second District Court of Davis County, located in Farmington, Utah. Geographic Jurisdiction of the Davis County Justice Court The Davis County […]
Clinton City Justice Court
The Clinton City Justice Court has jurisdiction over infractions, class B and class C misdemeanor charges occurring within Clinton’s borders. Other more serious offenses, including felonies and class A misdemeanors that occur within Clinton’s city limits, fall under the jurisdiction of the Second District Court of Davis County in Farmington, Utah. Clinton Justice Court Presiding […]
Sunset City Justice Court
The Sunset City Justice Court plays an important role in the local criminal justice system, addressing infractions and class B and class C misdemeanor charges that occur within the boundaries of Sunset, Utah. For more serious felonies and class A misdemeanors that take place within the city limits of Sunset, these cases must be filed […]
Justice Court – Syracuse, Utah
The Syracuse City Justice Court plays a critical role in the local judiciary, handling infractions and class B and class C misdemeanor charges occurring within Syracuse, Utah. Any felony or class A misdemeanor charges occurring within Syracuse City boundaries must be filed in Davis County’s Second District Court in Farmington, Utah. Judge Presiding Over the […]
Clearfield Justice Court, Davis County
Utah’s Clearfield Justice Court plays an essential role in the local government judicial system, addressing infractions and class B and class C misdemeanor charges that occur within the boundaries of Clearfield, Utah. For more serious felonies and class A misdemeanors that take place within the city limits, these cases must be filed at the Second […]
Should I start counseling while my criminal case is still pending?
A lot of our clients have asked if they should start counseling before their criminal case is completed. In general, the answer is usually yes. Over 90% of Utah criminal cases are resolved by a plea agreement. When your attorney is negotiating the best deal for your case, she/he will use the facts, the law, […]