Author: Stephen Howard
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Defending Drug Distribution Charges in Utah
Distribution or Possession with Intent to Distribute Drug distribution charges are not restricted to the stereotypical dealers. In Utah, even sharing a joint with a friend can result in being charged with distribution of a controlled substance. Charges…
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Time Limits on Police Investigations in Utah
Question: How long can police keep a criminal case investigation open in Utah? There are no legal limitations on the length of time that police can keep a criminal case investigation open in Utah. Most investigations wrap up…
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Defending Child Abuse Charges
Just being charged with child abuse carries an enormous social stigma. Being convicted of child abuse can result in substantial jail or prison time. Charges can be filed as misdemeanors or felonies. Either way, the stakes are high.…
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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…
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Felony Murder Rule in Utah
Does the common law felony murder rule apply in Utah? The “felony murder” rule was originally developed under English common law. In enacting the Utah statutory criminal code, the Legislature abandoned common law crime definitions and instead established…
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Constructive Possession in Utah Drug Cases
Utah laws on constructive possession can apply to cases of possession of a controlled substance, possession of drug paraphernalia, possession of marijuana, and other criminal charges. Under Utah criminal law, constructive possession provides a way for a prosecutor…