Category: Attorney Resources
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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.”…
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Rule 16 Request/Demand for Discovery
Formal discovery requests are filed by the defense in criminal cases even though constitutional principles of due process should require prosecutors to turn over certain types of evidence – especially…
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Unreasonable Delay – Preliminary Examination
It is the prosecutor’s responsibility to move a case forward. Rule 7 requires that a preliminary examination be held within a “reasonable time” but not later than 14 days after…