Author: Stephen Howard
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Utah’s Five-Day Discovery Rule – Criminal Procedure Rule 16 – 2023 Amendments
Utah prosecutors now have “five days” to provide initial discovery materials to the defense. This amendment to Rule 16 of the Utah Rules of Criminal Procedure is effective as of May 3, 2023. Previously, Rule 16 stated only…
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Can police use evidence if they obtained it illegally?
Utah courts will suppress or exclude evidence if a judge determines that police obtained it through conduct that violates the Fourth Amendment rights of the person charged. Additional evidence that police find as a result of an initial…
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What does a search warrant allow police to do?
A judge or magistrate in Utah can issue a search warrant that authorizes police to search a specific location and to seize items, objects, records, or other evidence relating to a crime. Utah’s Supreme Court has stated that…
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Can I talk to my spouse if I have been charged with DV?
First, if there is a protective order, pretrial no-contact order, jail release agreement, or any other order that prohibits contact or communication, then you should NOT have ANY communication or contact with your spouse, either directly or indirectly…
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Motions to Quash Bindover
Which judge hears a motion to quash bindover after a preliminary hearing? The judge who will hear and decide a motion to quash bindover following preliminary examination (preliminary hearing) will normally be the same judge who is assigned…
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No Contest Plea – Utah Criminal Defense
What is the effect of a no contest plea in a Utah criminal case? Entering a plea of no contest means that you are not contesting the charges that have been filed against you. A no contest plea…