Category: Criminal Defense
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Refusing DUI Field Sobriety Tests in Utah
SFST’s or Chemical Tests – Important Legal Differences 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…
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DUI Defense Attorneys – Southern Utah
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…
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Presumption of Innocence – Do We Still Believe?
Justification Hearings and the Presumption of Innocence in Utah Self Defense Cases HB 227 was passed by the Utah Legislature in 2021, creating certain procedural safeguards for a person charged with a violent crime when the available evidence…
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The Defense Case at Trial
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…
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402 Reduction for Parolees Too
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…
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402 Reduction Process in Utah
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.”…