Author: Stephen Howard
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Fifth Amendment – Don’t Say Anything
We hear, but we do not always listen. So we give real credit to our client who heard, listened, actually understood the Miranda warnings, and then chose to say nothing. “If anything I say will be used AGAINST…
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Expert Witness Notice in Utah
Required Notice of Intent to Call an Expert Witness Utah Code section 77-17-13 governs the timing and contents requirements for notice of expert witnesses that must be given in Utah felony criminal cases. Timing of the Notice In…
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Utah Misdemeanor Defense Attorneys
Penalties for a misdemeanor conviction in Utah are less severe than the consequences that can accompany a felony conviction. But even at the misdemeanor level, a criminal conviction can include jail time, substantial fines, and other consequences that…
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Custodial Interference in Utah
Utah’s criminal code contains custodial interference provisions similar in some ways to the offense of child kidnapping but imposing less serious penalties when the person charged is otherwise legally entitled to some level of custody or visitation with…
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Incarceration in America
October 15, 2019 Rising Incarceration Rates Over the past 40 years the United States prison population has skyrocketed by nearly 500% despite the fact that the national crime rate has dropped significantly. In the United States today there are…
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Waiving Preliminary Hearing
Unless there is some strategic advantage to be gained, it is rarely advisable to waive any constitutional right. In Utah felony criminal cases, the defendant’s right to a preliminary hearing is guaranteed via constitutional due process. Consider carefully…