Category: Criminal Defense
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State v Ruiz, 2021 UT App 94
In State v. Ruiz, the Utah Court of Appeals addressed Fourth Amendment issues relating to the use of a drug detection canine (K9) to conduct a search of a vehicle…
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Unlawful Detention Charges in Utah
An offense of unlawful detention in Utah involves allegations that an individual has been held against their will, without the authority of law, for a brief time. Penalties Under Utah…
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What happens if I plead no contest in a Utah criminal case?
Pleading no contest means exactly that – you are not contesting the charges against you. Procedurally, this has the same effect as a guilty plea, but you are technically not…
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Should I Plead Guilty or Not Guilty at My Arraignment
If you’re facing criminal charges, you have some important decisions to make. One of the first choices is whether to plead guilty or not guilty at your arraignment.
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Search and Seizure in Utah Criminal Cases
People in the State of Utah are protected against unreasonable searches and seizures by the government under the State and Federal Constitutions. If the government wants to perform a search…
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What is the maximum penalty for a second-degree felony?
Utah law provides a minimum prison term of one year and a maximum of 15 years for most second-degree felony convictions. The Board of Pardons and Parole ultimately determines how…
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Third-Degree Felony – Penalties and Options
Third-degree felony penalties can include prison and jail time, and potentially thousands of dollars in fines. Having an experienced criminal defense team on your side is important.
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When is it too late for a prosecutor to change the charges in a criminal case?
Constitutional due process and double jeopardy protections affect the question of when a prosecutor can file new or different charges in a criminal case. Utah’s Rule 4(d) of the Rules…
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Will a prosecutor make an offer at the arraignment?
Sometimes yes. Sometimes no. But the more important issue is whether you should accept an offer made at an arraignment hearing. Purpose of the Arraignment Hearing In Utah’s justice courts,…
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Is a preliminary hearing required in misdemeanor cases?
In the Utah legal system, a preliminary hearing (also referred to as a “preliminary examination” under the Utah State Constitution) serves as a checkpoint to determine whether there is sufficient…
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I live in another state. Can I resolve my case without returning to Utah?
It is often possible to resolve your Utah case while living out of state. Like most things though, this depends on your specific circumstances and the nature and level of…
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Get Help – Finding a Criminal Defense Attorney in Utah
Facing criminal prosecution in Utah is more than just a legal battle—it’s a fight for your future. A conviction can have serious, lasting consequences that impact your personal life, career,…