You have the right to appeal a sentencing decision made by a judge in any Utah criminal case. But filing an appeal is not always going to be the right decision. Taking to an experienced criminal defense attorney is the best way to determine the best strategy for moving forward. Can I appeal a judge’s […]
Can enhanceable crimes be expunged in Utah?
Many enhanceable crimes in Utah are eligible for expungement. But an extended waiting period may apply, and you may be more likely to face opposition from prosecutors when seeking to expunge a criminal record involving enhanceable offenses. This page addresses expungement issues relating to DUI, domestic violence, and theft convictions. Expunging DUI Charges in Utah A […]
Can I lose my driver license for a minor in possession of alcohol ticket in Utah?
Possession or consumption of alcohol by a minor is typically charged as a class B misdemeanor in Utah. In addition to potential jail time and fines for a criminal conviction, you may also lose your driver license. Under Utah law, the Utah Driver License Division is required to suspend a minor’s driver license for up […]
Can criminal charges be re-filed in Utah after they have been dismissed by a judge?
Most often, when a criminal case is dismissed in Utah, it is over. But there are circumstances in which you may face the possibility of having charges re-filed against you. Constitutional double jeopardy protections and due process requirements often prevent prosecutors from re-filing charges. If your case has been dismissed after a jury is empaneled but […]
Can I speed up the expungement process in Utah?
Waiting times for expungement eligibility in Utah are governed by the Utah Expungement Act (Utah Code 77-40a-101 et seq.). While these statutory waiting periods are binding on both the courts and BCI, an attorney may be able to help you speed up the expungement process by first obtaining a 402 reduction for the level of the […]
Can addiction be used as a legal defense to a Utah criminal charge?
Drug addiction plays a major role in many Utah criminal cases – even cases that are not traditionally viewed as “drug crimes.” Addiction itself does not provide a defense to criminal liability. But under Utah criminal law, both voluntary intoxication and involuntary intoxication can provide a defense to criminal prosecution under certain limited circumstances. Intoxication […]
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Bad Check / Bounced Check Defense in Davis County
Passing bad checks in Davis County can lead to serious criminal charges. Whether the checks are forged from another person’s account or you write a check from your own account with insufficient funds, a criminal conviction can result in jail or prison time, substantial fines, and other serious consequences. If you are facing criminal prosecution […]
Can addiction be used as a legal defense to a Utah criminal charge?
Drug addiction plays a major role in many Utah criminal cases – even cases that are not traditionally viewed as “drug crimes.” Under Utah criminal law, both voluntary intoxication and involuntary intoxication can provide a defense to criminal prosecution under certain circumstances. An experienced Utah criminal defense attorney can help you determine whether drug addiction […]
Davis County Pleas in Abeyance – Farmington Criminal Lawyer
When a plea is held in abeyance in a Utah criminal case, it is not considered to be a conviction. However, during the “abeyance” period, the case is still considered to be an open and pending criminal case. Upon completion of all terms of the plea in abeyance agreement, the case can be dismissed. In […]
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