Category: Attorney Resources
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Proving Theft Without a Witness
Defense strategy in Utah criminal theft charges requires an awareness of various options available to prosecutors to prove their case.
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Dog Sniffs – Drugs, Medicine, and K9 Reliability
Under Utah law, challenging the reliability and admissibility of evidence obtained through a canine (K9) search, or making a motion to suppress that evidence entirely, should both be considered. Criminal…
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Understanding the Jury: Psychology and Decision-Making in Criminal Trials
In many criminal trials, a jury determines whether the prosecution has proven guilt beyond a reasonable doubt. While jurors are instructed to base their decisions only on the evidence presented…
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Fingerprint Identification Evidence in Utah
Fingerprinting is a common practice in the criminal world to link a suspect to a crime scene. This method of identification relies on the unique ridges found on our fingertips.…
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Addressing DNA Evidence in Utah Criminal Defense
DNA evidence tends to carry dramatic weight in a courtroom. Jurors hear phrases like “one in a billion” and often assume complete scientific certainty. But is DNA analysis truly a…
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Rules-Based Criminal Defense Strategy in Utah
Criminal cases are not decided on facts alone. This article explains how defense attorneys use procedural rules, evidence standards, and due process to challenge prosecutions and create leverage, even when…
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Handwriting Analysis – Legit or Junk Science?
Forensic Handwriting Analysis can be a helpful piece of evidence in a court of law. However, it is neither completely accurate nor precise. A study conducted by the FBI analyzes…
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I don’t file motions to compel. I file motions to dismiss.
I do not file motions to compel the government to provide discovery. I file motions to dismiss for not following the constitution.
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Defending Sex Offenses in Utah
Sex offense cases present unique challenges requiring a nuanced understanding of legal defenses and mitigation strategies.
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Speedy Trial Rights – Do Not Waive
Should defense counsel affirmatively waive a client’s speedy trial rights if the court requests such a waiver? Short Answer: No. Mid-Length Answer: Speedy trial rights exist specifically to require the…
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Public Order and Decency: Lewdness Charges
Utah Code 76-9-702 – Defense Strategy in Lewdness Cases For the defense, key elements of a successful strategy will often focus on the intent and knowledge elements of a charge…
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Good attorneys ignore this statute. Great attorneys understand why.
Utah’s Affirmative Defense Statute and the Burden of Proof Utah Code section 76-1-502 states that evidence of an affirmative defense (such as self defense) must be “presented by the defendant.”…