Salt Lake Criminal Defense Attorney Utah
Criminal Defense Attorney Stephen Howard
Call Criminal Defense Attorney in Utah
Call Utah Criminal Lawyer
Experienced Criminal Defense Lawyers / Former Prosecutors
Call 801-449-1409 now to see what the right attorney 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

Motions to Suppress Evidence - Utah Criminal Attorney

A motion to suppress evidence is much more than a technicality. It is a vital means of protecting the rights guaranteed by our Constitution. As an experienced Utah criminal defense attorney, Stephen Howard can help you determine whether a motion to suppress will help in your case.

Grounds for a Motion to Suppress in Utah Criminal Cases

Most motions to suppress evidence in Utah criminal cases involve allegations of police violations of the Fourth Amendment or Fifth Amendment. If a motion to suppress is successful, a judge may issue an order preventing the prosecution from using any evidence obtained as a result of the constitutional violation. In many cases, this will mean that criminal charges will be dismissed.

Fourth Amendment Violations
If police have conducted a warrantless search of your home, your person, your automobile, or other places where you have a legitimate expectation of privacy, evidence found as a result of the unlawful search may be suppressed. Unless they meet certain exceptions to the Fourth Amendment's warrant requirement, police are normally required to obtain a warrant before conducting a search or seizing property.

There are exceptions to the Fourth Amendment's warrant requirement. Many criminal cases involve evidence found by police during the course of a traffic stop. Where an officer has observed a traffic code violation, the officer may stop (or "seize") you and your vehicle, without a warrant, in order to issue a citation. But unless the officer can articulate grounds to support a reasonable suspicion of other criminal activity, the officer should not detain the driver any longer than necessary to issue the citation. Unlawfully extending the scope or duration of the initial stop can serve as a potential basis for a motion to suppress evidence in a Utah criminal case.

Fifth Amendment Violations
If you have been subjected to police questioning or interrogation after being taken into custody, there is a possibility that a motion suppress may help your case. The "Miranda" warnings, made famous by so many television police dramas, are intended to serve as a protection against police violations of a suspect's Fifth Amendment rights. But police officers are not required to give the Miranda warnings in every case.

Police often give the Miranda warnings whenever a person is arrested. Police will also commonly give the Miranda warnings any time that they question a suspect. But the courts only require Miranda warnings to be given in the context of a custodial interrogation. If a person is questioned but is not in custody, or if a person is taken into custody but is not questioned, then the Miranda warnings are not required. But where a person is arrested and questioned, the Miranda warnings should be given. If those warnings are not given and the police proceed to question or interrogate a suspect who is undre arrest, then incriminating statements made by the suspect may be suppressed.

Finding a Utah Criminal Attorney in Salt Lake

The laws surrounding the Fourth and Fifth Amendment are complicated. Just because police didn't have a warrant, or just because the police didn't read the Miranda warnings doesn't mean that your case will automatically be dismissed. And just filing a motion to suppress doesn't mean automatic victory. There are often factual and legal disputes that require an evidentiary hearing, cross examination of seasoned police officers, and drafting complex legal briefs to support your position. Having an experienced Utah criminal defense attorney on your side can improve your chances of success.

Based in Salt Lake City, criminal attorney Stephen Howard is pleased to offer legal services to clients throughout Utah. He has handled thousands of serious Utah criminal felony charges, and has a record of achieving real results for his clients.

Contact us now to see how Stephen Howard can help with your case.


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 Trial AttorneyNot Guilty - Client was charged with aggravated assault for allegedly pointing handgun at and threatening another driver during a road rage incident. Defense investigation and analysis, combined with effective cross-examination at trial indicated the alleged victim was the initial aggressor and suported client's self-defense claim. Jury acquitted client at trial.
  • Drug Crimes Defense Attorney Utah Dismissed - Client facing first-degree felony drug distribution charge and potential life in prison. Charges were based on allegations that client had sold drugs to an undercover police officer, then made a full confession. Successful mitigation work resulted in negotiated offer of misdemeanor plea-in-abeyance and ultimate dismissal of case.
  • Utah Probation Attorney Released - Client absconded for more than 10 years from felony probation with Adult Probation and Parole. At an order to show cause hearing, prosecutor argued aggressively for prison. Based on effective mitigation efforts by the defense, the judge agreed to release client without further jail.
  • 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 to Do When Arrested for DUI What should I do if I am arrested for DUI? - Many DUI cases begin as minor traffic stops. But the consequences of a DUI conviction are much more serious than an ordinary traffic citation. If you are pulled over for a suspected DUI, you have specific important constitutional and statutory rights that can protect your. . . .
  • Utah Statewide Warrant Search How do I find out if I have an outstanding warrant? - If you believe you may have an outstanding arrest warrant in Utah, a criminal defense attorney can access the Utah statewide warrant system and help you find the best. . . .
Best Criminal Defense Strategy

Aggressive is good. Effective is better. The best defense strategy in any given criminal case can require in-depth analysis of the facts and a thorough understanding of applicable statutes, case law, and complex procedural and evidentiary rules. Having an experienced attorney on your side....

Strategy »
Salt Lake Criminal Defense Attorney Profile Utah

Defending against a criminal prosecution in Utah is a job that has to be done right the first time. Choosing the right attorney to defend you can be the most important decision you make. Our attorneys have extensive experience handling some of the most serious felony and misdemeanor charges on the books in Utah. No matter what charges you are facing, we can help....

Experience »
Conviction Consequences - Utah Criminal Defense

A Utah criminal prosecution can result in a lifetime of consequences. Beyond jail and prison, a conviction can affect many areas of life, including employment, housing, finances, family, and much more. Never plead guilty without first consulting with an experienced criminal attorney. Understanding what is at stake is the first step....

Consequences »
Utah Criminal Defense Attorney - Reasons to Hope

Never give up hope. Being charged with a crime is not the same as being convicted. And it is usually not the end of the world. While the consequences of a criminal charge can be serious, there are often several options and strategies for handling your case. Understanding your options and how an experienced criminal lawyer can help....

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.