Defendant's Decision to Testify Because the prosecution always has the burden of proof in a criminal case, the prosecution presents its case first. … [Read more...]
402 Reduction for Parolees Too
Exciting news for anyone who has served prison time and then successfully completed parole! Utah's legislature in 2021 enacted amendments that now … [Read more...]
402 Reduction Process in Utah
A felony conviction can be reduced to a misdemeanor, or a misdemeanor can be reduced to a lower degree by filing a motion under Utah Code section … [Read more...]
Utah Clean Slate Laws
In March of 2019, Utah became the second state in the nation to pass Clean Slate laws. Under Utah Clean Slate laws, individuals with eligible criminal … [Read more...]
Expungement Waiting Times
Does the waiting period for expungement eligibility in Utah start when the case is closed or when State Debt Collections files a satisfaction of … [Read more...]
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 … [Read more...]
Entrapment Defense in Utah
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 … [Read more...]
Lineup Procedures in Criminal Cases
Appropriate lineup procedures in criminal cases play an important role in making accurate identifications. Lineup identifications are a common … [Read more...]
Claiming Alibi in Utah Criminal Cases
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. … [Read more...]
Possession with Intent to Distribute a Controlled Substance
The Utah criminal code classifies possession of a controlled substance with the intent to distribute at the same level as actual distribution or sale … [Read more...]
