Author: Stephen Howard
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Expungement Hearings in Utah – Yes and No
Are courts in Utah required to hold a hearing on an expungement petition? Utah law provides both a clear “yes” and a clear “no” answer to this question. Unopposed Expungement Petitions Under the Utah Expungement Act, Utah Code…
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Entrapment Defense in Utah
Entrapment as a Defense in Utah Criminal Cases An entrapment defense can form an important part of a successful criminal defense strategy in Utah. To understand entrapment, we can use fishing as an analogy. A hook is not…
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Lineup Procedures in Criminal Cases
Lineup identifications are a common investigative tool used by Utah police. Photo lineups and in-person lineups present different potential problems.
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DUI in Utah – Actual Physical Control
Utah’s DUI statutes contain “actual physical control” language that can allow a prosecutor to charge you with DUI in Utah even if you are not driving. It may seem counterintuitive, but you can be charged and convicted of…
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Claiming Alibi in Utah Criminal Cases
Requirements of an Alibi Defense in Utah The legal defense of alibi involves evidence that a defendant was not present at the time and place where a crime is alleged to have occurred. Typically, the evidence presented is…
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What should I do if I receive a DUI citation?
Criminal Case & Civil Hearing: Two Separate Matters Receiving a citation for DUI in Utah actually begins two separate cases against you. One case is dealt with through the criminal court system. The other case is civil in…