Category: Criminal Defense
-
Geopolitics and Criminal Defense: A Surprising Parallel
By Bradley Henderson – December 20, 2024
-
Utah’s Marijuana Laws: How to Stay Legal in the Beehive State
Marijuana laws in Utah are complex and tightly regulated, especially when compared to states where recreational use is fully legalized. Understanding these laws is crucial for residents and visitors to…
-
State v Chadwick, 2024 UT 34
In State v. Chadwick the Utah Supreme Court reviewed whether jury instructions provided by the district court violated the Unanimous Verdict Clause of the Utah Constitution. Facts Chadwick was charged…
-
Defending Arson Charges in Utah
Arson charges in Utah can be filed when a fire or explosion is intentionally and unlawfully created that damages to property or structures. Penalties can include substantial prison and fines.…
-
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…
-
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…
-
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…
-
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…
-
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.
-
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…
-
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…
-
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…