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...]
Rule 8 – Appointed Counsel
December 20, 2019 - Notice of Proposed Rule Change The Utah Supreme Court gave notice today of a proposed change to Rule 8 of the Utah Rules of … [Read more...]
Arrest and Detention in Utah
An arrest or temporary investigative detention by police is considered to be a "seizure" under the Fourth Amendment. Without sufficient evidentiary … [Read more...]
Fifth Amendment – Don’t Say Anything
"If anything you say can and will be used against you . . . then you don't say anything." We hear, but we do not always listen. So real credit goes … [Read more...]
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 … [Read more...]
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 … [Read more...]
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 … [Read more...]
