Articles in this section contain information intended for attorney use only by attorneys representing clients in Utah’s criminal courts. The purpose of these articles is to provide strategy assistance and legal information for attorneys practicing in Utah’s criminal courts.
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Evidence of BAC in DUI Trials
Are prosecutors required to show scientific evidence of BAC in a Utah DUI case? A prosecutor may request that a trial judge give a jury instruction that explains thatthe prosecutor is not required to introduce “scientific evidence” in order to meet the burden of proving the case beyond a reasonable doubt. These instructions are sometimes…
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Rule 23 – Mental Illness and Motions to Arrest Judgment
Can mental illness serve as the basis for a motion to arrest judgment in a Utah criminal case? Rule 23 of the Utah Rules of Criminal Procedure provides that a trial court can enter an order arresting judgment in a felony or misdemeanor case “if the facts proved or admitted do not constitute a public…
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Corpus Delicti Rule in Utah
Question: Do Utah courts utilize corpus delicti rules in criminal cases? Traditional Corpus Delicti Rule Under traditional corpus delicti rules used by Utah courts, a prosecutor in a criminal case generally cannot introduce evidence of a confession made by a defendant unless the prosecutor can first present evidence that: the injury or harm specified for…
Upcoming Criminal Defense Articles
- Waiving Preliminary Hearing – Should I ever advise a client to waive the right to a preliminary hearing?
- Treatment and Counseling – When should I advise my client to get into treatment or counseling?
- Bulldog or Diplomat – Which is more effective?
- Bluffing – Do it the right way or don’t do it at all.
- Late Night Calls – How do I advise a client who calls and says the police are there and want to interview him, search his car, etc.?
NOTE: The applicability of the legal principles discussed in the articles above can vary significantly based on even minor factual differences in a case. Reliance on the information contained in these articles without the direct assistance of an experienced attorney is strongly discouraged.
These articles are written with the assumption that the reader has formal legal training and a reasonable level of familiarity with Utah’s criminal justice system. The information presented should therefore be read and understood in context of relevant constitutional provisions, procedural rules, case law, and statutes.
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