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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Criminal Appeals in Utah, 101
If you are unhappy with the outcome of your criminal case, you might consider appealing it to a higher court. Appeals can be costly and slow, so it helps to…
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Can You Raise a Statute of Limitations Violation on Appeal in Utah?
Can a defendant raise a statute of limitations (SOL) violation on appeal? The short answer is yes — but generally only if the issue was timely raised in the trial…
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State v Labrum, 2025 UT 12
In this appeal the Utah Supreme Court clarified what has been known as the “Brickey rule” stemming from the case State v. Brickey (Utah 1986). This rule is concerned with…
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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…