Utah Criminal Defense Case Results

Selected Criminal Defense and Appellate Results

These are selected results from criminal cases handled by Stone River Law attorneys Stephen W. Howard and Bradley Henderson. Client names and identifying details are withheld to protect client privacy.

Results disclaimer: Every case depends on its own facts, evidence and law. These results do not guarantee or predict the outcome of any other case.

Dismissals and no-file decisions

Some cases end before trial because the evidence doesn’t support the charge, or because new information leads prosecutors not to file at all.

Aggravated assault: dismissed after the defense showed a key recording had been edited. The case rested on an audio recording the alleged victim gave police. Stephen, who holds a Bachelor of Music, noticed something at the end of the recording that suggested editing. A music production expert analyzed the sound file, concluded it had been edited and showed why. The prosecutor dismissed the case.
Aggravated sexual abuse of a child: no charges filed. The defense showed prosecutors flaws in the investigation before charges were filed.
Child abuse (alleged choking): no charges filed. Prosecutors declined the case after reviewing new information from the defense.
Road rage incident: dismissed. Additional video showed the other driver was the aggressor.
DUI: dismissed. The defense recognized that the police officer confused a burnt out decorative light with the legally mandatory tail light and filed a successful motion to suppress the evidence from the illegal stop.
Felony theft: dismissed. The court granted a motion to quash the bindover for insufficient evidence.
Domestic violence with child-present charges: dismissed before trial.
DUI: dismissed. The defense identified problems with the field sobriety and breath tests.

Suppression, discovery and post-trial motions

Pretrial motions can keep unlawfully obtained evidence out of a case, or hold the prosecution to its duty to share evidence with the defense. After a verdict, a motion to arrest judgment asks the court to set aside a conviction the evidence can’t support.

DUI: dismissed after a missing police video surfaced. The prosecution said it didn’t have a police video of the incident. The defense moved to dismiss for discovery violations, the video surfaced, and the case was dismissed.
Enticing a minor: dismissed. The case was dismissed after the prosecution’s discovery violations.
Drug charges after a traffic stop: dismissed. The court suppressed the evidence because the officer misread the traffic law used to justify the stop.
Drugs found in a parked vehicle: dismissed. The court suppressed the evidence from the search, and the case was dismissed.
Plea entered without a lawyer: withdrawn. The court allowed the client to withdraw the plea, and the case was resolved on reduced charges.
Conspiracy to commit criminal mischief: conviction set aside after trial. The client was first charged with two third-degree felonies, including conspiracy involving a restricted person in possession of a dangerous weapon. The State later reduced the case to one class A misdemeanor. At trial, the judge ruled the evidence couldn’t support a class A conviction, and the jury returned a class C misdemeanor verdict. The defense moved to arrest judgment, arguing that the State’s proof of specific intent rested on speculation, not reasonable inference, under State v. Clegg, 2025 UT App 61. The court granted the motion and acquitted on all charges.

Trial verdicts

Aggravated assault: not guilty. Witness testimony supported the client’s self-defense claim.
Domestic violence: not guilty. Photographs showed the alleged act was physically impossible.
Felony burglary: not guilty. Witnesses showed the accuser had a motive to make up the claim.
Reckless endangerment: not guilty. Cross-examination showed the alleged victim was the one acting recklessly.
Contributing to the delinquency of a minor: dismissed at trial. The prosecution conceded before the verdict.

Charge reductions

When a case doesn’t end in dismissal, a reduced charge can mean less exposure now and a clearer path to expungement later.

First-degree felony drug distribution: reduced to one misdemeanor. The case resolved with a plea in abeyance to attempted possession.
Aggravated robbery and aggravated assault: robbery dismissed, assault reduced to a misdemeanor. The client received probation.
Aggravated robbery with a firearm: reduced plea and probation, despite a confession.
Aggravated burglary: reduced to two misdemeanors (criminal mischief and trespass), with probation.
Felony aggravated assault: resolved as a misdemeanor. Bradley Henderson
Felony aggravated assault with shots fired: probation with no further jail.
Second-degree felony communications fraud: reduced to a misdemeanor bad check charge with probation.
Assault on a police officer: plea in abeyance after the defense challenged the officer’s report.
Drug possession, paraphernalia and open container: plea in abeyance supported by substance abuse treatment.

Criminal appeals

An appeal reviews what happened at trial. It focuses on the record and on legal errors that may have affected the outcome.

DUI: conviction reversed on appeal. The appeals court overturned the trial court’s Fourth Amendment suppression ruling, and the case was dismissed.
Reported decisions: Stephen has briefed and/or argued criminal appeals in reported decisions of Utah’s appellate courts, including State v. McManigal, 2025 UT App 192, and State v. Martinez, 2002 UT 80. See the full list on Stephen’s attorney page.

Record-clearing outcomes

These cases ended with the charge dismissed after the client met the court’s conditions, or with the record cleared afterward.

Firearm rights restored after multiple past convictions. As a young adult dealing with substance use, the client picked up numerous charges, ranging from burglary to drug paraphernalia. The defense obtained a pardon from the Utah Board of Pardons and Parole for the convictions that could be pardoned and expunged the other eligible charges. It also persuaded the court to dismiss an old protective order. Together, these steps restored the client’s Second Amendment rights.
Dismissed domestic violence charge: expunged over the prosecution’s objection. The client’s domestic violence charge was dismissed after the client completed a plea in abeyance agreement. When the client petitioned to expunge it, the prosecutor’s office objected, arguing that Utah’s domestic violence enhancement statutes barred expungement. The court granted the expungement.
Felony drug distribution: dismissed after the client completed treatment.
Discharging a firearm from a vehicle: plea in abeyance, later dismissed.
Felony criminal mischief: reduced to a misdemeanor plea in abeyance, then dismissed after probation.
Electronic communications harassment: plea in abeyance, then dismissed.
Minor in possession of alcohol (two cases): one dismissed, one plea in abeyance. The client kept their driver license.

Frequently asked questions

Do these results mean my case will turn out the same way?

No. Every case depends on its own facts, evidence, judge and prosecutor. These results show the kinds of issues our attorneys look for, not a prediction for any other case.

What is a plea in abeyance?

In Utah, a plea in abeyance means the court accepts a guilty or no-contest plea but holds it without entering a conviction. If the client completes the agreed conditions, the case can be reduced or dismissed.

What does it mean to quash a bindover?

After a preliminary hearing, a judge decides whether there is enough evidence to send a felony case to trial. That is called a bindover. A motion to quash asks the court to reverse that decision.

Can a criminal case be dismissed before trial?

Yes. Cases can end before trial when evidence is suppressed, when the evidence is too weak to go forward, when the prosecution fails to share required evidence, or when prosecutors decline to file after reviewing new information.

What is a motion to arrest judgment?

It is a motion filed after a verdict asking the court not to enter a conviction. In Utah, the court must arrest judgment when the facts proved don’t establish a crime, including when a jury’s verdict rests on speculation instead of reasonable inferences from the evidence.

Do you handle criminal appeals?

Yes. Stephen W. Howard and Bradley Henderson represent clients in Utah criminal appeals, including briefing and oral argument before Utah’s appellate courts.

Talk with a Utah criminal defense attorney

If you’re facing charges or considering an appeal, call Stone River Law at 801-448-7451 or request a consultation. Our office is at 952 S. Main St., Suite A, in Layton, and we represent clients throughout Utah.