by Bradley Henderson | Dec 9, 2024 | Criminal Defense, Expungements
Not in Utah In the wake of President Biden’s controversial pardon of his son, Hunter Biden, many are asking: Is the power to pardon inherently political? Does it cater only to the elite? Utah offers a refreshing counterpoint—one that prioritizes merit and personal...
by Bradley Henderson | Dec 6, 2024 | Client Guides & FAQ
Can You Own a Gun in Utah If you’re old enough, the answer is likely yes, unless you are a restricted person. In the United States, the Second Amendment protects the right to own firearms, with some exceptions. In Utah, these regulations are minimal and mostly...
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...