Category: Criminal Defense
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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,…
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Drug Crime Penalties in Utah Courts – Attorneys for the Defense
Penalties for Drug Crimes in Utah The starting point for charging level and potential penalties for a drug case conviction in Utah is typically based on three main factors: Most…
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Prosecution Discovery Obligations – Police Materials
The prosecution team in a Utah criminal case includes more than just prosecuting attorneys. Police officers directly involved in the investigation, as well as their agency and staff, along with…
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Does a prosecutor have to provide copies of search warrant affidavits?
Under Rule 16 of the Utah Rules of Criminal Procedure (2022), a prosecutor is required to disclose and provide the defense with a copy of any warrant relating to the…
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Do I have to appear in person at an arraignment?
Wondering if you need to appear in person at an arraignment in Utah? Learn about your options, including remote appearances and representation through counsel. Understand what’s required, the consequences of…