Category: Constitutional Law
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Double Jeopardy Protections in Utah
If you’ve already been charged or taken to court for a crime, you typically cannot be charged again for the same offense. This protection is known as double jeopardy.
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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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Probable Cause vs. Reasonable Articulable Suspicion
“The Fourth Amendment wasn’t written for people with nothing to hide any more than the First Amendment was written for people with nothing to say.”― Dave Kruegertags
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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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Miranda Warnings or Miranda Rights?
Miranda warnings are the warnings required by the United States Supreme Court’s decision. The rights involved exist independently of the warnings.
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Jury Trial Rights in Misdemeanor Cases
The U.S. Constitution guarantees the right to trial by jury for felony charges and misdemeanors with penalties more severe than six months in jail. By statute in Utah, a jury…
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What You Need to Know About Miranda Rights in Utah
One of the most well-known legal protections in the U.S. are the Miranda Rights. These rights, created by the U.S. Supreme Court in Miranda v. Arizona, help protect you during…
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Understanding Your Constitutional Rights in Criminal Defense
When it comes to criminal defense, knowing your constitutional rights is not just crucial—it’s empowering. These rights are the foundation of a fair and just legal process, protecting individuals from…
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Can police search my car when I am pulled over for speeding?
Police conduct during a traffic stop is limited by Fourth Amendment protections against unreasonable search and seizure. If police observe a traffic violation, they can stop the vehicle and question…