Author: Stephen Howard
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Voluntary Intoxication as a Defense
Utah Code 76-2-306 – An Affirmative Defense Voluntary intoxication can, in certain circumstances, form a complete defense to a criminal prosecution under Utah law. But these cases are rare, and the assistance of an experienced criminal attorney can…
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Electronic Communication / Telephone Harassment
Defending the Criminal Case in Utah Electronic communication harassment, sometimes called “telephone” harassment, is a serious criminal charge punishable by up to six months in jail, a year in jail, or even five years in prison depending on…
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Utah 402 Reductions and Plea Agreements
Question: If a prosecutor in Utah agreed to a 402 reduction as part of a plea bargain (plea agreement), does he 402 reduction happen automatically? Answer: Utah Code Ann. 76-3-402 provides that a person who successfully completes probation…
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Identity Fraud Charges in Utah
Defending a Criminal Fraud Case Identity fraud in Utah is a felony crime that can result in significant jail or prison sentence. If you are facing criminal charges for identity fraud (sometimes called “identity theft”), you need an…
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Drug Manufacturing, Production and Cultivation
Defending Criminal Drug Charges in Utah Perhaps the only drug charge taken more seriously than drug distribution in Utah is drug production, manufacture, or cultivation. Drug possession and drug distribution are both serious charges under Utah law. But…
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Criminal Appeals – Prior to Sentencing
Can I file an appeal before sentencing in a criminal case? The general rule for appeals in a criminal case is that a defendant must file a notice of appeal within 30 days of a final appealable order…