Category: Constitutional Law
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Pulled Over for Driving Under the Speed Limit
Can police pull me over for driving too slowly in Utah? Most commonly, police officers stop people for driving OVER the speed limit. But under some circumstances, Utah law allows a police officer to pull you over for…
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Can I be forced to testify in a criminal case?
Will the prosecutor give me immunity if I testify? The Utah State Constitution as well as the Fifth Amendment to the United States Constitution guarantee the privilege against self-incrimination. Generally, this means that you cannot be forced to…
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The one that got away… again?
It’s Saturday night. Police want to arrest someone — a specific someone — for drunk driving. He’s a regular at the local bar. They see his vehicle pull out of a parking lot a little after midnight. Police…
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Failure to Give Miranda Warnings
What happens if I was not read my Miranda rights? On television, police officers customarily begin reading suspects their Miranda rights as the handcuffs are being placed on their wrists. In the real world, things work differently. A…
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Just Say No…. Fourth & Fifth Amendments
Can I say no if a police officer asks for consent? In the 1980’s, First Lady Nancy Reagan launched an anti-drug campaign with the words “Just Say No.” Those words take on a new meaning in the area…
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Suppression of Evidence
A motion to suppress evidence is much more than a technicality. It is a vital means of protecting the rights guaranteed by our Constitution. As an experienced Utah criminal defense attorney, Stephen Howard can help you determine whether…