by Megan Fowles | Dec 6, 2024 | Criminal Defense
Behind the sterile efficiency of plea deals lies a troubling reality: defendants often feel coerced into pleading guilty, sacrificing their right to a trial in exchange for leniency that may or may not materialize. This trade-off raises a fundamental question: do plea...
by Stephen Howard | Dec 6, 2024 | Attorney Resources
Utah’s Affirmative Defense Statute and the Burden of Proof Utah Code section 76-1-502 states that evidence of an affirmative defense (such as self defense) must be “presented by the defendant.” This statute is indirect conflict with important...
by Stephen Howard | Dec 5, 2024 | Criminal Defense
Prosecutors are sometimes reluctant to let go of a case (dismiss a case entirely) even when it becomes apparent that there are evidentiary or legal problems with the case. A good criminal defense attorney can facilitate resolution of such cases by offering minor...
by Stephen Howard | Dec 2, 2024 | Criminal Defense, Property Crimes, Violent Crime
Aggravated burglary is a first-degree felony consisting of an ordinary burglary of a building (either commercial or residential) along with at least one other aggravating element. Under section 76-5-203, the aggravating element can be based on conduct that occurs...
by Stephen Howard | Nov 29, 2024 | Criminal Defense
Burglary is generally classified as a “property crime” under the Utah criminal code, although it can also involve injury or threats of harm to persons. Felony level charges can be filed for burglary involving any building (residential, commercial, or...
by Bradley Henderson | Nov 29, 2024 | Client Guides & FAQ, Criminal Defense
Human Lie Detectors, Like Magic, are not Real It’s a common belief: police officers claim they can spot a lie just by observing someone. They say signs like avoiding eye contact, staring too much, speaking quickly, or pausing too long reveal dishonesty. But is this...
