Category: Attorney Resources
Articles in this section are intended to assist defense attorneys in Utah’s criminal courts, in crafting strategy and legal theory for active cases and for professional development.
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Fifth Amendment – Protecting the Innocent
Fifth Amendment Rights and Miranda Warnings The following was written by Utah Attorney Stephen Howard and first published in the Deseret News on May 1, 2016 in a slightly edited form. Celebrating 50 Years Since Miranda v. Arizona…
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“Innocent Possession” in Utah Drug Cases
Legal Issues in Controlled Substance Defense While the defense of “innocent possession” is not expressly stated in the Utah criminal code, it is a valid defense that has been recognized by Utah’s appellate courts in drug and controlled substance…
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Utah Rules of Evidence – 616
Admissibility of Statements from Custodial Interrogations On October 28, 2015, the Utah Supreme Court announced the promulgation of a new evidentiary rule, governing the admissibility of statements made during custodial interrogations in Utah felony cases. The rule places…
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Non-Appearance by Victim Witnesses
If I am a domestic violence (DV) victim, what happens if I don’t show up? In some situations, a criminal domestic violence case may be dismissed if the victim fails to appear in court on the scheduled trial…
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Transferred Intent in Utah Criminal Cases
Certain criminal offenses in Utah require a specific intent to cause harm, injury, or damage to either a person or property. For these offenses, in addition to the intent to commit an act, the prosecutor must prove also…
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Compelled Testimony in Utah Criminal Cases
Can I receive immunity if I am forced to testify in a Utah criminal case? The Utah State Constitution as well as the Fifth Amendment to the United States Constitution guarantee the privilege against self-incrimination. Generally, this means…