Category: Criminal Defense
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“Linked” Cases in Utah’s Criminal Courts
Question: On a Utah criminal case docket, I see a list of “linked” case numbers at the top of the first page. What qualifies as a “linked” case? Case Management Tool v. Legal Distinction In general, a criminal…
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Challenging a BCI Denial – Expungement Eligibility
Review, Reconsideration, and Appeal Processes in Utah The government makes mistakes. Sometimes. Utah’s Bureau of Criminal Identification (BCI) is responsible for making an initial determination on expungement eligibility. It is not a discretionary determination. Instead, BCI is bound…
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Sentencing Appeals – Standard of Review
The right to appeal following a Utah district court criminal conviction includes the right to challenge the sentence that was imposed. However, the standard of review on appeal should be considered before deciding whether to appeal and what…
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Criminal Fraud Charges in Utah
Utah criminal law contains several specific versions of fraud: communications fraud, insurance fraud, credit card fraud, identity fraud, unemployment fraud, public assistance fraud, and securities fraud. Each of these charges involves different elements and can present different challenges…
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Aggravated Assault or Attempted Murder – Specific Intent
Distinguishing Between Attempted Murder and Aggravated Assault in Utah Intent is the single most important element to consider in distinguishing between an aggravated assault charge and an attempted murder charge. Sometimes referred to as “mental state” or “mens…
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Disorderly Conduct Charges
Disorderly conduct is a misdemeanor criminal charge under Utah law. But even a minor criminal conviction can have real consequences. Consultation with a good criminal defense attorney is always recommended. Penalties for a Disorderly Conduct Conviction in Utah…