The Utah Supreme Court has approved certain revisions to Rule 11 and Rule 22 of the Utah Rules of Appellate Procedure. The amendments affect the inclusion of exhibits in the record on appeal, access to sealed portions of the record on appeal, and motions for extension of time. These amendments take effect May 1, 2024. […]
What is the difference between a living will and a living trust?
Although the two terms are similar, they refer to very different estate planning tools. A living will allows a person to state end-of-life medical care preferences and to name a person who act on their behalf if they are no longer able to speak for themselves. A living will in Utah is normally included as […]
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, […]
Criminal Defense in Iron County, Utah
Iron County is part of Utah’s Fifth Judicial District. Cedar City is largest city, and home to the county’s two busiest criminal courts — the Iron County District Court and the Iron County Justice Court. District Court or Justice Court? The Iron County District Court in Cedar City handles all felony and class A misdemeanor […]
How can I clear a felony conviction from my record in Utah?
The process depends on the nature and severity of your felony. There are certain felonies that are not eligible to be expunged. These include first degree felonies, felony DUIs, violent and capital felonies, registerable sex or child abuse offenses, or felony automobile homicide. Although convictions for these charges are not eligible for expungement through the […]
What is the first felony court hearing in Utah?
The first hearing in a misdemeanor criminal case is normally the “arraignment” hearing, where the judge will read the charges formally filed in the case and ask the defendant to enter plea of either guilty or not guilty. In Utah felony cases, the arraignment does not occur until after the case has been “bound over” […]
What is the difference between acquittal and a not guilty verdict?
Under Utah law, an “acquittal” and a “not guilty” verdict have essentially the same meaning. But neither of these terms is a declaration that the defendant is factually innocent. The criminal justice system relies on a presumption of innocence at trial, with the government prosecutor carrying the burden of proving each element of the offense. […]
What is an arraignment hearing?
In a misdemeanor criminal case, the arraignment hearing is the first court hearing held. The judge will read the formal charges and ask the defendant to enter a plea of guilty or not guilty. The judge may also ask the defendant if an attorney has been hired, if a public defender is being requested, or […]
What if I cannot appear in person at arraignment?
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 […]
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 […]