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NHTSA SFST Training – Participant Manual (Refresher)

August 11, 2021 By Stephen Howard

NOTICE: The material posted on this page is intended for use by attorneys defending clients facing criminal prosecution in Utah. The information … [Read more...]

Not Guilty Verdict
Aggravated Assault

Client faced felony charges for allegedly using a gun to menace another driver during road rage incident. Defense trial strategy demonstrated that the alleged victim was the likely aggressor and that client had taken reasonable action to defend himself.

Dismissed
Felony Insurance Fraud

Client charged with felony insurance fraud after claiming work-related injury prevented him from returning to work. Insurance investigators obtained video that included client kicking soccer ball in his yard. Government allegations of fraud were rebutted by medical records and prior administrative adjudications. Client’s job required heavy lifting. The claimed injury did not prevent him from kicking a ball but did prevent him from lifting. Prosecutor conceded error and voluntarily dismissed the case.

Abeyance and Dismissal
First-Degree Distribution

Client faced first-degree felony charges for selling drugs to undercover police officer. Mitigating evidence gathered by defense relating to client’s youth, family support, treatment options, and lack of prior history was pivotal in convincing prosecutor to allow an abeyance agreement to a single misdemeanor count. Case was ultimately dismissed.

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