Category: Criminal Defense
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When Police Ask for Your Name – Failure to Identify
The moment a police officer approaches and asks, “Can I get your name and date of birth?” can be fraught with confusion and pressure. For many, the instinct is to…
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When an Officer Commands You to Stop in Utah
One word, issued with urgency: “Stop.” It may be spoken loudly, waved visually, or flashed with authority. When that command comes from a peace officer in Utah, failing to comply…
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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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Difference Between DUI and Driving with a Metabolite
Utah is known for having some of the strictest impaired driving laws in the nation. These include a lower blood alcohol concentration (BAC) threshold for DUI offenses and a zero-tolerance…
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Freedom or Neglect? The Debate Over Free-Range Parenting Laws in Utah
As stories of parents facing legal consequences for giving children more independence make headlines, Utah’s “free-range parenting law” gets in on the conversation about child neglect and parental rights.
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State v Molina, 2024 UT App 172
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…
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Examining Electronic Communication Harassment in Utah Through the Lens of the First Amendment
In Utah, as in many other parts of the United States, courts have seen a rise in cases stemming from digital exchanges. Text messages, emails, and posts on social media—once…
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Why So Many Hearings and What are They?
When you think of a criminal case, you might picture a dramatic courtroom trial. However, the reality is that most criminal cases involve multiple hearings, and only a small number…
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Why Hiring an Attorney for Expungement in Utah Matters
In Utah, a criminal record can follow you long after you’ve served your sentence, creating barriers to employment, housing, and personal growth. Expungement provides a legal pathway to clear that…
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Navigating Utah’s Sex Crime Laws: Balancing Justice and Defendants’ Rights
Sex crimes are some of the most serious charges someone can face in Utah. Even an accusation can destroy reputations, strain relationships, and derail careers. The stigma alone can feel…
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Facing Fraud Charges in Utah for a Pyramid or Ponzi Scheme?
It often begins with a promise. You’re told you can achieve financial freedom, grow your own business, or chase your dreams. But behind the polished sales pitch, many people unknowingly…
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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…