Category: Criminal Defense
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Dismissed With Prejudice vs. Dismissed Without Prejudice in Utah Criminal Cases
When a criminal case in Utah is dismissed, it can be either with prejudice or without prejudice. The difference determines whether the charges can be refiled and what impact the…
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Expungement vs. Pardon
Options for completely clearing your criminal record in Utah can include standard expungements through the courts or obtaining a full pardon for state charges through the Utah Board of Pardons.
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Misdemeanor vs. Felony: What’s the Difference in Utah?
When facing criminal charges in Utah, understanding the difference between a misdemeanor and a felony is crucial. These classifications determine the severity of the offense, the potential penalties, and the…
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What to Do If You’re Arrested in Utah: A Guide to Protecting Your Rights
Getting arrested can be a stressful and confusing experience. However, understanding your rights and the steps to take during and after an arrest can make a significant difference in protecting…
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What to Do If You Have a Warrant for Your Arrest in Utah
Finding out that there’s a warrant for your arrest can be overwhelming. Whether it was issued for missing a court date, unpaid fines, or a criminal charge, it’s important to…
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Assault Charges in Utah
Assault is a criminal offense in Utah that involves attempting or threatening to cause bodily harm to another person. It is important to understand how the law defines assault, the…
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State v Johnson, 2025 UT App 13
In Utah, when a criminal defendant requests a jury instruction for an affirmative defense, the court must give that instruction if evidence has been presented providing any reasonable basis for…
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Can You Get a DUI on a Scooter in Utah?
Electric scooters have become a popular mode of transportation in Utah, especially in cities like Salt Lake City and Provo. Their convenience and affordability make them a great alternative to…
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Case Brief: In Re K.M., 2025 UT App 17
Under Utah law (Utah Code § 80-3-409), when reunification services are provided, the court must determine whether the child can be safely returned to the parents
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The Attorney Oath in Utah: A Commitment to Justice
Before practicing law in Utah, every attorney must take an oath to “support, obey, and defend the Constitution of the United States and the Constitution of the State of Utah.”…
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Reckless Driving Charges: Easier to Get Charged Than You Think
A reckless driving charge can show up on a criminal record report, even though it is often considered to be just a “traffic” offense.
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Case Brief: State v Flores, 2025 UT App 15
The prison mailbox rule is for cases where a document actually reaches the court directly through the prison mail system.