Author: Stephen Howard
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Character Letters in Criminal Cases
Character reference letters can play an important role in defending a criminal case. While “character” is normally not at issue in a jury trial, questions character and conduct arise in the context of negotiations, sentencing, and general mitigation.…
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Vega v. Tekoh – ABC4 Utah
June 23, 2022 The Supreme Court’s decision in Vega v. Tekoh clarifies that a police officer’s failure to read the Miranda warnings does not, by itself, does not support an action against an individual police officer for money damages under…
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Vega v. Tekoh, Supreme Court of the United States
No. 21-499 – Argued April 20, 2022 – Decided June 23, 2022 The Court addressed the question of whether a police officer’s failure to give Miranda warnings was, by itself, enough to support a section 1983 civil rights…
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Competency Evaluations in Utah Criminal Cases
Utah law prohibits the prosecution of a person who is not “competent” to stand trial. The standards for competency in a criminal case are significantly different than standards used in a civil commitment or guardianship context. Whether the…
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Refusing DUI Field Sobriety Tests in Utah
SFST’s or Chemical Tests – Important Legal Differences As an important first point — there is a legal distinction between “standardized field sobriety tests” and a chemical test of breath, blood, or urine in the context of a…
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Criminal Charges for Choosing Your Child’s Therapist?
Who chooses your child’s therapist in Utah if your child is the victim of abuse? As a parent, is it your choice? Or does the government decide? And can your choice to switch therapists be used as evidence…