Utah courts will suppress or exclude evidence if a judge determines that police obtained it through conduct that violates the Fourth Amendment rights of the person charged. Additional evidence that police find as a result of an initial search conducted in violation of the defendant’s Fourth Amendment can also be suppressed by a judge as […]
What does a search warrant allow police to do?
A judge or magistrate in Utah can issue a search warrant that authorizes police to search a specific location and to seize items, objects, records, or other evidence relating to a crime. Utah’s Supreme Court has stated that without a warrant, a search and seizure conducted by police is presumptively unreasonable. Without a warrant, a […]
Can I talk to my spouse if I have been charged with DV?
First, if there is a protective order, pretrial no-contact order, jail release agreement, or any other order that prohibits contact or communication, then you should NOT have ANY communication or contact with your spouse, either directly or indirectly (through another person). Utah law provides that a violation of any such order or agreement can result […]
Which judge hears a motion to quash bindover after a preliminary hearing?
The judge who will hear and decide a motion to quash bindover following preliminary examination (preliminary hearing) will normally be the same judge who is assigned to the case for trial. The judge assigned for trial may also be the same judge who heard the preliminary examination. Prior to the late 1990’s, when Utah’s court […]
What is the effect of a no contest plea in Utah criminal cases?
Entering a plea of no contest means that you are not contesting the charges that have been filed against you. A no contest plea is not an admission of guilt, and it is not a declaration of innocence. It instead indicates to the court that you are not going to fight the charges, but that […]
Will my license be suspended for a minor in possession of alcohol conviction?
A conviction for possession of alcohol by a minor (a person under 21) in Utah can result in a driver license suspension. Entering into an agreement with a prosecutor to have a plea held in abeyance can be one route to avoiding license suspension. In a DUI case, Utah law allows the Driver License Division […]
When does a protective order expire in Utah?
This question is more complicated that it may first appear. Utah civil protective orders were previously considered to be “permanent” and had no specific expiration date. Amendments were made by the legislature that provided a 10-year expiration date. In 2021, significant changes were made to the laws governing protective orders and stalking injunctions. The 2021 […]
Can I grow marijuana at home in Utah for medical use?
As of 2022, the answer is no. Utah’s Medical Cannabis Act places tight restrictions on who, where, and under what conditions an entity can grow or cultivate marijuana. The Act further requires licensing and registration before establishing a cultivation facility, and strict compliance with processes and procedures in the operation of the cannabis production establishment. […]
Can a prosecutor force me to testify against my spouse in a criminal case?
The Construction of the State of Utah provides an unconditional right to refuse to testify against one’s spouse. This is separate and distinct from the spousal communications privilege. Understanding both is important. Under the conditional spousal privilege, a prosecutor may still serve a subpoena requiring one spouse to appear in court. But neither the court […]
Can I be charged with DUI if I am not driving?
Strange as it may sound, you can be charged (and convicted) of DUI in Utah even if you are not driving a vehicle. An explanation is in order. Utah’s DUI laws prohibit “operating” or being in “actual physical control” of a vehicle while under the influence of alcohol or drugs. The term “operating” is generally […]