Author: Stephen Howard
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Fourth Amendment – Unreasonable Searches
Constitutional Protections in Utah Criminal Cases The Fourth Amendment guarantees protection against unreasonable warrantlesssearches and seizures. If the police have obtained evidence in violation of the Fourth Amendment, that evidence may be ordered suppressed by a judge. As…
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Child Abuse Law & Spanking in Utah
B.T. and S.T. v. State of Utah (2017) & Provo City v. Cannon (1999) – Case Analysis & Reconciliation Question: Is spanking child abuse under Utah law? Answer: It’s complicated. Defining Abuse & Proving It – Different Issues…
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Using Force to Defend Your Home
Defense of Habitation – Affirmative Defenses in Utah Using force to defend your home can form the foundation of an affirmative defense under Utah criminal Utah law. But your right to defend your home is not identical to…
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Holding a Plea in Abeyance in Utah
Pleas in Abeyance – Farmington District Court In some cases, a plea in abeyance can provide a way for a defendant to have charges dismissed while also avoiding the risks and costs involved in taking a case to…
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Expungement Processes in Utah
Burden of Proof and Court Hearings for Expungement Without the stipulation or consent of the prosecutor on a petition for expungement, the court may require a formal hearing to determine whether the expungement should be granted. This page…
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Theft by Rental Agreement in Utah
Theft by rental agreement in Utah contains an exception the normally required element of the “intent to permanently deprive” the owner thereof.