by Megan Fowles | Dec 17, 2024 | Criminal Defense
Under Utah Code §76-8-305.5, refusing to stop at an officer’s command is a Class A misdemeanor, the most serious level of misdemeanor under state law. The offense applies when an individual flees or attempts to elude an officer’s lawful order to stop with...
by Stephen Howard | Dec 16, 2024 | Attorney Resources
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 government to bring a case to trial within a reasonable period of...
by Megan Fowles | Dec 13, 2024 | Criminal Defense, Drug Charges, DUI Defense
DUI: Driving Under the Influence For most, DUI is a familiar term, conjuring images of field sobriety tests, breathalyzers, and flashing police lights. In Utah, the legal threshold for a DUI is uniquely low. Under Utah Code §41-6a-502, a driver can be charged if they...
by Megan Fowles | Dec 13, 2024 | Criminal Defense
While some states push for stricter child welfare standards, Utah stands out as the first in the nation to pass a free-range parenting law to give parents the legal freedom to let children roam independently without fear of criminal charges. But does this approach...
by Benjamin Keller | Dec 12, 2024 | Criminal Defense, Utah Appellate Court Opinions
Facts Mr. Molina was offered a plea deal by the State, entailing a favorable State sentencing recommendation. Before the guilty plea was entered, however, the State withdrew their offer, claiming that the prosecutor was not authorized to make the proposed...
by Megan Fowles | Dec 12, 2024 | Criminal Defense
As daily life becomes ever more entwined with digital technology, Utah courts and lawmakers have grappled with how to define—and punish—harassing behavior conducted online. In an era where a social media post or a text message can reach thousands of people in a matter...
