Category: Criminal Defense
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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.
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Case Brief: State v Taylor, 2025 UT App 14
Deference is usually given to trial judges but excusing a potential juror is a simple solution when there is concern of improper bias.
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Misdemeanor Assault with a Domestic Violence (DV) Tag in Utah: What You Need to Know
In Utah, assault is defined under Utah Code § 76-5-102 as an attempt to cause bodily injury to another person or an act that creates a substantial risk of bodily…
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Understanding Brady Violations: What Prosecutors Must Disclose and How to Leverage It in Utah
In a legal landscape where justice hinges on the integrity of evidence, Brady violations—the failure of prosecutors to disclose exculpatory evidence—remain a critical issue in Utah’s courts. Named after the…
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Case Brief: State v Schaefer, 2025 UT App 4
This appeal pertains to whether a suspect’s admission at a police station should have been suppressed due to being made during a custodial interrogation without Miranda warnings being followed. Facts…
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Understanding Rule 11: How Pleas Work in Utah’s Criminal Courts
Rule 11 of the Utah Rules of Criminal Procedure governs how defendants enter pleas in court. It ensures that guilty and no-contest pleas are voluntary and that defendants understand their…
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Utah Rules of Criminal Procedure: What the Best Criminal Defense Attorneys Know
Utah’s Rules of Criminal Procedure govern every stage of a criminal case, from arrest to appeal. These rules ensure due process, protect constitutional rights, and outline how cases progress through…
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Case Brief: State v Estes, 2025 UT App 10
The Court’s ruling in this appeal pertains to Rules 403 and 404(c) of the Utah Rules of Evidence. Rule 403 requires that evidence of other bad acts by a defendant…
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Understanding Adult Adoption in Utah: Benefits and Reasons to Consider It
When people think of adoption, they often imagine children being adopted into loving families. However, adoption isn’t just for children —the adult adoption process in Utah allows one adult to…
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Case Brief: State v. Johnson, 2025 UT App 13
In a significant decision for Utah’s self-defense jurisprudence, the Utah Court of Appeals reversed the murder conviction of Daniel Lee Johnson in State v. Johnson, 2025 UT App 13, citing…
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The Gray Area of Drug Paraphernalia in Utah
In Utah, the concept of drug paraphernalia is not as black and white as many might assume. While most people envision glass pipes and syringes when they hear the term,…