Author: Stephen Howard
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Expunging a Violent Felony Conviction
Can a violent felony be expunged? Yes, but some additional steps will be required. The Utah Expungement Act prevents the direct expungement of felony convictions that are classified as violent felonies. However, there are potential alternatives that can…
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Can I be charged with DUI if I am not driving?
Strange as it may sound, you can be charged (and convicted) of DUI in Utah even if you are not driving a vehicle. An explanation is in order. Utah’s DUI laws prohibit “operating” or being in “actual physical…
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Is it OK to carry a gun if I have been drinking?
NO. It is illegal under Utah law to carry a dangerous weapon while under the influence of alcohol or drugs. More important, it is not safe. Carrying a Dangerous Weapon Under the Influence of Alcohol or a Controlled…
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Can I represent myself in a criminal case?
Should I hire a defense attorney if I am facing criminal prosecution in Utah? Hiring an attorney to handle your criminal defense case in Utah can be one of the most important decisions you make. Sometimes, the difference…
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Discovery – Prosecutor’s Duty to Disclose
Getting It Right – State v. Knight Prosecutors in some Utah jurisdictions incorrectly attempt to use language from the Utah Supreme Court’s 1987 decision in State v. Knight to justify their failure to fulfill discovery obligations in criminal…
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Concealed Firearm Permits & Denials
Utah’s Department of Public Safety, Bureau of Criminal Identification (“BCI”) is tasked with reviewing applications for concealed firearm permits (concealed carry permits) in Utah. Certain circumstances will result in an automatic hard denial. Other denials can involve circumstances…