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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Pretext Stops in Utah Search and Seizure Law
Can I beat a DUI charge or drug possession charge on a “pretext stop” in Utah? Short history lesson here: Up until the 1990’s, Utah DUI defense and drug crimes attorneys could get a lot of mileage out…
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Invocation of Fifth Amendment by Witness
Handling a Witness Claiming the Right to Remain Silent The invocation of Fifth Amendment privileges by a witness at trial presents significant legal issues. Depending on the circumstances, it can create potential problems and possible advantages to either…
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Avoiding Absurdity in Statutory Interpretation
Posted September 15, 2017. The following represents one lawyer’s poor attempt at humor in legal analysis. If you are facing criminal prosecution, please contact us directly to see how an experienced criminal defense attorney can make a difference…
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Utah Court Rules Amended to Require Preliminary Hearings for Class A Misdemeanors
Effective April 1, 2012, the Utah Rules of Criminal Procedure will be amended to conform with the requirements of the Utah Supreme Court’s decision in the case of State of Utah v. Hernandez, 2011 UT 70. In Hernandez,…
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Knife: Tool or Weapon under Utah Law?
A knife can be a tool. Or a knife can be a weapon. Whether a knife will be considered a weapon for purposes of a criminal charge in Utah will depend on a number of factors. But while…
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Utah’s Five-Day Discovery Rule – Criminal Procedure Rule 16 – 2023 Amendments
Utah prosecutors now have “five days” to provide initial discovery materials to the defense. This amendment to Rule 16 of the Utah Rules of Criminal Procedure is effective as of May 3, 2023. Previously, Rule 16 stated only…