Jury Selection and Voir Dire

Stephen Howard — Stone River Law

Real Experience. Real Results.

801-449-1409

Category: Criminal Defense

  • Jury Selection and Voir Dire

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    Jury selection begins by calling in a panel of prospective jurors (sometimes called a “venire”).  In Utah, prospective jurors are chosen at random from a list of registered voters or driver license records.  In complex or serious cases (e.g. aggravated murder), jurors may be given a written questionnaire to complete prior to the beginning of…

  • Criminal Appeals Questions – Sentencing Following an OSC

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    You have the right to appeal a sentencing decision made by a judge in any Utah criminal case. But filing an appeal is not always going to be the right decision. Taking to an experienced criminal defense attorney is the best way to determine the best strategy for moving forward. Can I appeal a judge’s…

  • Riverdale Justice Court Information

    Riverdale Justice Court Information

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    The Riverdale Justice Court has jurisdiction over misdemeanor charges at the class C and class B level that take place inside the borders of Riverdale, Utah. Examples of Class B and C misdemeanor charges commonly heard in the justice court include charges for drug possession or paraphernalia, DUI, domestic violence, and shoplifting. The Riverdale Justice Court also…

  • Concealed Firearm Permits & Denials

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    Utah’s Department of Public Safety, Bureau of Criminal Identification (“BCI”) is tasked with reviewing applications for concealed firearm permits (concealed carry permits) in Utah. Certain circumstances will result in an automatic hard denial. Other denials can involve circumstances that give BCI discretion in approving or denying the permit application. The following article discusses a few…

  • Character Letters in Criminal Cases

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    Character reference letters can play an important role in defending a criminal case. While “character” is normally not at issue in a jury trial, questions character and conduct arise in the context of negotiations, sentencing, and general mitigation. Generally, these letters should be presented first to your defense attorney to review before anything is submitted…

  • Refusing Field Sobriety Tests in Utah DUI Cases

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    Stephen Howard
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    As an important first point — there is a legal distinction between “standardized field sobriety tests” and a chemical test of breath, blood, or urine in the context of a DUI investigation. Utah law includes an “implied consent” provision that allows police to request a “chemical” test for the detection of alcohol, drugs, or controlled…

  • DUI Defense Attorneys – Southern Utah

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    When facing prosecution for DUI, you want a good defense attorney on your side. Attorneys defending DUI cases need to understand more than just the standard courtroom rules and processes. Defending against a charge of DUI can require specific knowledge relating to the testing procedures used by police, and the ability to spot weaknesses or…

  • The Defense Case at Trial

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    Defendant’s Decision to Testify Because the prosecution always has the burden of proof in a criminal case, the prosecution presents its case first. After the prosecution witnesses have testified, the defense has an opportunity to present evidence and witnesses. Obligation to Present Evidence Because a defendant is presumed innocent, the defense is not under any…

  • 402 Reduction for Parolees Too

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    Stephen Howard
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    Exciting news for anyone who has served prison time and then successfully completed parole! Utah’s legislature in 2021 enacted amendments that now allow a 402 reduction after successfully completing either probation OR parole. Utah Code 76-3-402 – Probation or Parole Utah Code 76-3-402 now allows a person who has served their prison time and successfully…

  • 402 Reduction Process in Utah

    402 Reduction Process in Utah

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    A felony conviction can be reduced to a misdemeanor, or a misdemeanor can be reduced to a lower degree by filing a motion under Utah Code section 76-3-402. This process is commonly referred to as a “402 reduction.” It can be useful in clearing felony convictions from a criminal history record, in shortening the waiting…