Category: Criminal Defense FAQ
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Expungement and/or Dismissal of a PIA
We often receive questions about the status a criminal court case records in Utah after an abeyance period (plea in abeyance) has been completed. The terms “dismissal” and “expungement” must be first understood. Dismissal and Expungement – Defined…
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Can police use evidence if they obtained it illegally?
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…
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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…
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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…
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Motions to Quash Bindover
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…
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No Contest Plea – Utah Criminal Defense
What is the effect of a no contest plea in a Utah criminal case? Entering a plea of no contest means that you are not contesting the charges that have been filed against you. A no contest plea…