Category: Criminal Defense
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Can I resolve my case at the arraignment?
In misdemeanor cases, you can sometimes resolve your case at the first hearing (arraignment). Generally, however, this will mean some kind of conviction will be entered on your record. By…
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Can I be charged with texting while driving on private property?
Utah’s distracted driving law, Section 41-6a-1716, strictly prohibits engaging in activities like reading, writing, texting, typing, or accessing the internet with your hands while driving. But what does this mean…
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Can I be “around” guns if I am a restricted person?
Legal Restrictions on Firearms in Utah In Utah, the law forbids restricted individuals from buying, transferring, possessing, or using firearms or dangerous weapons. This includes having custody or control over…
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Can a victim waive the no-contact provisions of a jail release agreement?
In Utah, individuals arrested on domestic violence charges often face restrictions under a jail release agreement, including no contact with the alleged victim. An attorney can guide you through the…
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Can a prosecutor wait to provide discovery until the defense asks for it?
“Can” and “should” are two very different matters. Prior to 2021, Rule 16 of Utah’s Rules of Criminal Procedure suggested that a prosecutor’s obligation to provide discovery was triggered only…
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Assault Defense Lawyers in Layton
Assault and aggravated assault charges are serious and could result in substantial jail and or prison time if convicted. To achieve the best results on your case, you need an…
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Alternatives to Expungement in Utah
Expungement is the most common process for clearing or sealing a criminal record in Utah. A 402 motion is another tool that may be used to reduce the level of…
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Benefits of a 402 reduction?
Utah law provides options to reduce the long-term impact of your conviction, and a 402 Reduction is one of the fastest and most effective tools available.
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How many steps can a conviction be lowered using a 402 reduction?
Utah Code 76-3-402 allows a court to reduce the level of a conviction by one step, or by two steps if the prosecution agrees with the request. Do I need…
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What is the process for getting a 402 reduction in Utah? (2021)
A 402 reduction is not an automatic process. Even with a reduction agreed to as part of a plea agreement, a motion to reduce must still be filed with the…
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State v. Smith, 2022 UT 13
The Utah Supreme Court provided an analysis of Fourth Amendment search and seizures issues in the case of State v. Smith, 2022 UT 13. The opinion provides a number of…
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Can an officer make an arrest without witnessing a crime?
In Utah, police need probable cause to make an arrest. This means they must have facts that would lead a reasonable person to believe a crime was committed. While witnessing…