by Megan Fowles | Feb 17, 2025 | Criminal Defense
For defense attorneys and defendants in Utah, understanding the nuances of Brady obligations—and how to leverage them—can make the difference between conviction and acquittal. What Is a Brady Violation? A Brady violation occurs when prosecutors fail to disclose...
by Benjamin Keller | Feb 13, 2025 | Criminal Defense, Utah Appellate Court Opinions
This appeal pertains to whether a suspect’s admission at a police station should have been suppressed due to being made during a custodial interrogation without Miranda warnings being followed. Facts of the Case A four-year-old child told her mother that while she was...
by Megan Fowles | Feb 13, 2025 | Criminal Defense
The Right to Counsel and Plea Options Every defendant has the right to an attorney before entering a plea. Under Rule 11(a), a defendant must have legal representation at their arraignment, unless they waive that right in open court. The court also must give them...
by Megan Fowles | Feb 12, 2025 | Criminal Defense
Arrest and Arraignment: The First Critical Steps A criminal case begins with an arrest or the filing of formal charges. Under Rule 6, when a prosecutor files an information, the court must either issue a summons or a warrant of arrest. In most cases, a summons directs...
by Benjamin Keller | Feb 12, 2025 | Criminal Defense, Utah Appellate Court Opinions
The Court’s ruling in this appeal pertains to Rules 403 and 404(c) of the Utah Rules of Evidence. Rule 403 requires that evidence of other bad acts by a defendant be excluded if the probative value of that evidence is substantially outweighed by its potential for...
by Megan Fowles | Feb 10, 2025 | Criminal Defense
What Is Adult Adoption? Adult adoption is a legal process where one adult adopts another, creating a permanent parent-child relationship. This process formalizes family bonds, secures inheritance rights, and provides emotional and legal benefits for the parties...