The resources and guides provided here are intended for use by criminal defense attorneys practicing in Utah’s district courts and justice courts, to broaden their knowledge base and improve legal strategy in Utah defense cases. These materials should be considered in context of relevant procedural rules, appellate case opinions, statutes, and constitutional protections – both […]

House Bill 174 made significant changes to Utah Code section 76-3-402 affect individual eligibility for a reduction in the level and severity of a criminal conviction. Defense attorneys should look carefully at these revisions and additions in determining how best to use these changes to assist their clients. The 2023 bill includes: Key benefits of […]

Focusing on the immediate and direct consequences that are possible when a criminal sentencing hearing is approaching is important. However, collateral consequences of a criminal conviction in Utah can extend long after a sentencing hearing is completed and even after jail time is served or probation has been completed. Defense attorneys should pay particular attention […]

“Discovery” refers to evidence, information, and other materials that are exchanged between the parties in a pending court case. Discovery in Utah criminal cases is governed by procedural rules, statutes, and important constitutional principles of due process. Constitutional Foundations for Required Discovery A person charged with a crime is has the guarantee of several important […]

In 2023, the Legislature enacted a new section of the Utah Code – section 76-6-106.1 governing the crime of “property damage or destruction.” This new section does not create a new crime, per se, but instead separates the offense constituting property damage from the more broadly-defined offense of “criminal mischief” under section 106. Criminal Mischief […]

Rule 75 of the Utah Rules of Civil Procedure governs the filing of a “limited” appearance of counsel, even in criminal cases. Because there is no relevant rule of criminal procedure rule addressing limited appearances, the civil rule applies. See Utah R. Civ. Pro. 81(e). Can a defense attorney file a “limited” appearance of counsel […]

Defense Stock Templates for Initial Case/Court Filings Case Law Updates – Appellate Court Decisions and Analysis Other Utah Courts – Resources Links

Previously known as the Uniform Bail Schedule, the document below provides guidance to judges (and prosecutors) in determining an appropriate dollar amount to impose as a fine as part of sentencing for a criminal conviction. Most of the amounts contained in this “schedule” are not mandatory, but are instead intended to promote general principles of […]

Many statutory elements for DUI-related offenses are very specific, while others are very broad. Mandatory sentencing provisions also apply in many cases. Understanding how everything fits together is critical. Publication from the State Courts The pdf file below provides an overview of DUI-related laws in Utah. Previous versions of this document were often referred to […]