There can be circumstances that simply make it impossible or impractical to be physically present at a scheduled criminal arraignment hearing. Health and distance are two common reasons, but there may be others as well. In misdemeanor cases, some Utah courts will accept a written waiver of the right to a formal arraignment. Some judges […]
State v Ruiz, 2021 UT App 94
In State v. Ruiz, the Utah Court of Appeals addressed Fourth Amendment issues relating to the use of a drug detection canine (K9) to conduct a search of a vehicle during a traffic stop. The district court had denied the defense motion to suppress. The defendant entered a guilty plea but reserved the right to […]
Utah Estate Planning Attorneys
What is estate planning? Planning for the preservation and transfer of a person’s property after their death is called “estate planning.” A comprehensive estate plan will often include a will, powers of attorney, a living will (Utah Advance Health Care Directive) and usually a living trust. Who needs estate planning? Proper estate planning usually involves […]
Unlawful Detention – Utah Criminal Defense
A charge for unlawful detention in Utah involves allegations that an individual has been held against their will, without the authority of law, for a brief time. Most often, the key difference between a charge Penalties Under Utah Law, unlawful detention is a class B misdemeanor; however, if the victim is injured or the defendant […]
What happens if I plead no contest in a Utah criminal case?
Pleading no contest means exactly that – you are not contesting the charges against you. Procedurally, this has the same effect as a guilty plea, but you are technically not admitting guilt to the charges. There are some circumstances where it can be advantageous to plead no contest, but they are an exception rather than […]
Should I plead guilty or not guilty at arraignment?
The Constitution creates a presumption of innocence and requires that the prosecution prove their case beyond a reasonable doubt in any criminal case. Entering a plea of “guilty” at the arraignment erases the presumption of innocence and relieves the prosecution of the burden of proof. In almost every case, it will make sense to enter […]
Search and Seizure in Utah Criminal Cases
People in the State of Utah are protected against unreasonable searches and seizures by the government under the State and Federal Constitutions. If the government wants to perform a search or seizure of your private property, a police officer is generally required to appear before a judge with a sworn affidavit detailing the facts and […]
What is the maximum penalty for a second-degree felony?
Utah law provides a minimum prison term of one year and a maximum of 15 years for most second-degree felony convictions. The Board of Pardons and Parole ultimately determines how much of that prison term is served. In most cases, the judge has the option of suspending the prison term and placing the person instead […]
What is the penalty for a third-degree felony?
The maximum penalty for a third-degree felony in Utah is a prison term of up to five years and a fine of up to $5,000 plus a surcharge of 90%. In most cases, the court has discretion to suspend the prison sentence and place a person on probation. If placed on felony probation, the judge […]
When is it too late for a prosecutor to change the charges in a criminal case?
Constitutional due process and double jeopardy protections affect the question of when a prosecutor can file new or different charges in a criminal case. Utah’s Rule 4(d) of the Rules of Criminal Procedure provides that a prosecutor can file an amended information with new, additional, or different charges any time prior to the beginning of […]
