Author: Stephen Howard
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Burglary of an Empty Dwelling
Q: Can I be charged with burglary of a dwelling (residential burglary) if nobody lives there? Under Utah criminal law, there are three different kinds of burglary: burglary of a vehicle, burglary of a building (non-residential), and burglary…
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Serving Jail Time to Close – Better Options
Should I agree to serve jail time just to close a case after a probation violation? If a prosecutor or probation officer is willing to recommend either a short jail term to close a Utah probation case or,…
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402 Reductions in Utah – FAQ
Utah Code section 76-3-402 gives courts the authority to reduce the level of a conviction, even after a sentence has been fully served or on completion of probation or parole. This kind of reduction can help restore expungement…
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Pulled Over for Driving Under the Speed Limit
Can police pull me over for driving too slowly in Utah? Most commonly, police officers stop people for driving OVER the speed limit. But under some circumstances, Utah law allows a police officer to pull you over for…
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Employers and Criminal Background Checks
Can I keep an employer from seeing my felony conviction in Utah? Being convicted of a felony in Utah can dramatically affect your ability to get or keep a job. More and more employers are doing background checks…
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Can I be forced to testify in a criminal case?
Will the prosecutor give me immunity if I testify? The Utah State Constitution as well as the Fifth Amendment to the United States Constitution guarantee the privilege against self-incrimination. Generally, this means that you cannot be forced to…