Salt Lake Criminal Defense Attorney Utah
Criminal Defense Attorney Stephen Howard
Call Criminal Defense Attorney in Utah
Call Utah Criminal Lawyer
Take the first step in securing a successful defense.
Call 801-449-1409 now to see what our team can do for you.
Utah Criminal Defense Lawyer Salt Lake City

Criminal Defense Solutions Start HereSM

Finding a Felony Defense LawyerChoosing a Misdemeanor Defense LawyerDrug and Alcohol Crimes Defense LawyerWhite Collar Defense Attorney for Utah ChargesAttorney for Expungements Reductions and PardonsDefendant Constitutional Rights Criminal LawyerBail and Bond Alternatives in UtahReasons for Hope Facing Criminal Charges

Dropping Criminal Charges in Utah

Can a victim drop criminal charges after they are filed?

Criminal charges in Utah can only be filed in court through a government prosecutor. While a victim is given certain rights under Utah law, a victim does not have the authority or the right to demand dismissal of the pending criminal case. This can create a conflict between a victim and a prosecutor. If you are a victim in a criminal case, you have a right to be represented by an experienced criminal lawyer who can help ensure that your rights as a victim are protected and that your voice is heard.

A person who calls the police in Utah to report a crime may later decide not to pursue the criminal case. While there is no single, simple solution to this situation, there are steps you can take if you have decided that you do not want the criminal charges pursued. But there are potential consequences that should be considered before taking any particular course of action. Consulting with an experienced Utah criminal lawyer can help you determine the best way to proceed. Based in Salt Lake City, criminal attorney Stephen Howard provides legal services to clients throughout Utah. Contact us today to schedule a consultation.

Criminal v. Civil Cases in Utah

A Utah criminal case is fundamentally different from a civil case. In a civil case, a plaintiff is generally able to move to dismiss the case at any point, without being required to provide a reason or justification for the dismissal. In a criminal case, however, the victim is not considered the "plaintiff." In a criminal case, the government (city, state, or federal government) takes the role of plaintiff. Theoretically at least, the government pursues a criminal case on behalf of all citizens, not just the victim. Thus, while a victim's interests must be considered by a prosecutor, the prosecutor must consider other factors and is allowed to exercise prosecutorial discretion in deciding whether to dismiss or pursue a criminal case. Even if a victim wants to have the charges dropped, a prosecutor may still move forward in the criminal case.

The Risks of Changing Your Story

As a victim who no longer wants to pursue a criminal case, you may be tempted to change your story. But changing your story can potentially get you in trouble. If you convince a prosecutor that your original report to police was not accurate, you may succeed in getting the original criminal case dropped. But you may also find yourself facing criminal charges for filing a false police report. If you testify under oath in court to a different set of facts than you reported to police, a prosecutor could also charge you with perjury.

If you tell the prosecutor a different story, but the prosecutor still believes that the original report was correct, you can cause additional problems for the defendant in the criminal case. A prosecutor may believe that the defendant has pressured, threatened, or otherwise influenced you to change your story. In such circumstances, a defendant could face an additional criminal charge of witness tampering.

Consequences of Not Responding to a Subpoena

If you fail to respond to a subpoena that has been properly served on you, you could find yourself being found in contempt of court. Although most subpoenas in Utah criminal cases are issued by attorneys, a properly served subpoena still carries the authority of a court order. Failure to comply with a subpoena or failing to appear in court to testify as ordered can result in being found in contempt of court.

If a prosecutor has reason to believe that a witness is not going to comply with a subpoena, she can petition the court for a material witness warrant. This kind of warrant allows police to arrest you and hold you in jail until you finish testifying in the case. In rare circumstances, prosecutors have even used material witness warrants against victims in a case.

Spousal Privileges and Rights in Utah Criminal Cases

A victim who is also the spouse of the defendant in a Utah criminal case has additional rights. Under the Utah State Constitution, a husband or wife has an absolute right to refuse to testify in a criminal case against his or her spouse. This spousal testimonial privilege is separate and distinct from the spousal communications privilege, which provides only that communications between spouses may be inadmissable in evidence.

Finding a Criminal Attorney in Utah

If you have decided that you no longer want to pursue a criminal case in which you are the victim, you should consult with an experienced criminal lawyer. Based in Salt Lake City, and representing clients throughout Utah, Stephen Howard has defended literally thousands of serious criminal cases during his career. He has successfully assisted victims in cases where they have not wanted charges pursued. If you are the victim in a criminal case, you have the right to have your voice heard. Having an experienced criminal attorney on your side can help ensure that your rights are protected.

Contact us now to schedule an initial consultation.  


Best Rating
Make a Payment to Your Account
Get Help Now
Name: Email: Phone: Describe your legal needs here:
I accept the disclaimer below.
Disclaimer: No attorney-client relationship is established by the use of this form. Confidential or time-sensitive information should not be submitted through this form. By clicking 'submit' I am only requesting that I be contacted for the purpose of obtaining legal services.

This form protected by reCAPTCHA.

  • Selected Victories
  • Criminal Defense AttorneyDismissed - Contractor was charged with theft by deception for allegedly misusing customer funds and failing to complete work that had been agreed upon. A successful motion to quash on legal grounds following the bindover order at preliminary hearing resulted in a complete dismissal of all charges.
  • Drug Crimes Defense Attorney Utah Dismissed - Client was facing multiple cases involving first-degree felony drug distribution charges for allegedly selling to a confidential informant. Defense analysis of the case revealed fatal flaws in the prosecution case that ultimately resulted in a complete dismissal of all cases and charges.
  • Utah Expungement Attorney Expungement - Worked to restore client's expungement eligibility through 402 reduction process, then filed successful expungement petitions in multiple courts obtaining expungement orders and clearing client's official criminal history.
  • Violent Crimes Assalt Defense UtahProbation - Client charged with aggravated robbery based on allegations he entered a store with a gun and mask and demanded cash. Client confessed to police before hiring a defense attorney. Defense mitigation efforts resulted in a negotiated resolution that removed life in prison as a possibility, and secured a probation sentence from the court.
  • Recent Posts
  • What Constitutes Drug Parpahernalia in Utah How is drug paraphernalia defined in Utah? - The definition of drug paraphernalia under the Utah criminal code looks at both the nature of the object and also the intended use of the object in question. . . .
  • Utah Misdemeanor Attorney Salt Lake Can I handle a Utah misdemeanor from out-of-state? - Even if you do not intend to take your case to trial, a misdemeanor criminal offense in Utah can require multiple court appearances to reach a resolution. If you have been charged with a crime in Utah, but are not a Utah resident, an experienced criminal defense attorney may be able to help you resolve the case without returning to the state. . . .
Best Utah Criminal Defense Strategy

The right criminal defense lawyer can work with you to develop a defense strategy designed to achieve the best results. Hiring a Utah criminal attorney with real courtroom experience and an in-depth understanding of the legal issues involved in defending against a criminal prosecution can help ensure the best...

Strategy »
Salt Lake Criminal Defense Attorney Profile Utah

With decades of combined experience, our criminal defense team attorneys have the knowledge, skill, and determination to help you achieve the results you need. Facing criminal prosecution in Utah can have serious consequences. Choosing the best attorney to defend your case may be one of the most important decisions you will ever make....

Experience »
Conviction Consequences in Utah Criminal Prosecutions

Jail time, prison time, thousands of dollars in fines, and the lifetime collateral consequences of having a criminal conviction on your record - all of these and more are at stake when you are facing criminal prosecution in Utah. Understanding what is at risk is critical. Even so-called "minor" misdemeanor cases can have serious consequences....

Consequences »
Utah Criminal Attorney - Reasons to Hope

An arrest is not a conviction. If you are facing criminal prosecution in Utah, it can feel like your world is collapsing. But there are things you can do right now that can increase your chances of a good outcome. An experienced criminal defense lawyer can help you evaluate the various options available to you and help develop a strategy for success....

Reasons to Hope »
Home | Attorney Profile | Case Results | Criminal Code | FAQ | Legal Resources | Defense Strategy | Contact Us

Serving Salt Lake, Davis, Weber, Utah, Cache, Tooele, Summit, Box Elder, and Wasatch Counties, and all of Utah.

Attorney Stephen Howard practices as part of the Canyons Law Group, LLC and Stephen W. Howard, PC.

Offices in Salt Lake and Davis Counties
560 South 300 East, Suite 200, Salt Lake City, UT 84111
952 S. Main St., Suite A, Layton, UT 84041

Call now to arrange for a confidential initial consultation with an experienced and effective Utah criminal defense lawyer.

In Salt Lake City, call 801-449-1409.
In Davis County, call 801-923-4345.

Stephen W. Howard, PC

The materials in this website are intended for informational purposes only, and are not legal advice. Viewing or responding to materials in this site does not create an attorney-client relationship. Read Full Disclaimer.