Category: Criminal Defense
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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…
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Should I talk to police after I am detained?
Police want to ask me questions. What should I do? Best Answer: Talking to police only after you have consulted with a good criminal defense attorney is usually the best…
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Is duress a defense to criminal prosecution in Utah?
Duress, coercion, and threats are covered by Utah’s affirmative defense of “compulsion” under Utah Code 76-2-302. The statutory defense of compulsion provides that a person is not guilty of the…
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Can a judge who formerly prosecuted my case preside over it as judge?
Can a judge who once prosecuted your case still preside over it? In Williams v. Pennsylvania, the U.S. Supreme Court says no. Discover why judges must recuse themselves to ensure…
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Jury Composition – Utah Code 78B-1-104
How Many Jurors on a Utah Criminal Jury Utah Code section 78B-1-104 establishes the number of jurors required to compose a jury in criminal trials. Whereas 12 jurors is the…
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Your Rights in a Utah Criminal Case
Following is a summary of some of the most basic, but also most important, rights that each person has under both State and Federal constitutions. Your Rights in Court Getting…
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Unintentional or Accidental Death in Criminal Homicide
Not all criminal homicide is intentional. Utah law establishes different penalties based on the state of mind, intent, or mens rea of the person accused of causing the death of…