The invocation of Fifth Amendment privileges by a witness at trial presents interesting legal issues. Depending on the circumstances, it can create potential problems and possible advantages to either the defense or the prosecution. But a prosecutor or defense attorney should not call a witness specifically for the purpose of having that witness invoke the […]
Do I have to testify against my spouse in Utah if I am subpoenaed?
Utah’s State Constitution provides protection to spouses who are subpoenaed to testify against their own spouse in a criminal case. Article I, Section 12 of the Utah Constitution provides that “a wife shall not be compelled to testify against her husband, nor a husband against his wife.” But regardless of any testimonial or communications privilege, […]
Can I represent myself if I am charged with a crime?
Should I hire a defense attorney if I am facing criminal prosecution in Utah? Hiring an attorney to handle your criminal defense case in Utah can be one of the most important decisions you make. Sometimes, the difference between success and disaster will depend on whether you have the right representation. If you are unsure […]
Competency Evaluations in Utah Criminal Cases
Utah law prohibits the prosecution of a person who is not “competent” to stand trial. The standards for competency in a criminal case are significantly different than standards used in a civil commitment or guardianship context. Whether the criminal case involves felony charges or misdemeanors, Utah law and principles of constitutional due process require a […]
Refusing Field Sobriety Tests in Utah DUI Cases
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 […]
Criminal Charges for Choosing Your Child’s Therapist?
Who chooses your child’s therapist in Utah if your child is the victim of abuse? As a parent, is it your choice? Or does the government decide? And can your choice to switch therapists be used as evidence that you are committing felony witness tampering? Imagine yourself in the following scenario, as a single parent […]
Initial Stages of a Criminal Case – Police Investigation
Fourth Amendment and Fifth Amendment rights are critical in the investigation phase of a criminal case. Whether you are a witness, “person of interest” or suspect, understanding your rights is important.
Presumption of Innocence – Do We Still Believe?
“This is going to continue to clog our criminal justice system and retraumatize victims.” – Salt Lake District Attorney Sim Gill, as quoted by KSL in an article published Nov. 16, 2021. The KSL article looks at HB 227, which was passed by the Utah Legislature in 2021 to create certain procedural safeguards for a […]
Salt Lake Marijuana Defense Attorney – Utah Criminal Lawyers
Marijuana possession charges in the Salt Lake area can carry penalties including jail time, a criminal record, losing your driver license, and more. Our criminal defense team has successfully defended clients facing charges for drug possession, cultivation, distribution, drug free zone violations, and more. Our experience can help give you the best chance at success […]
Salt Lake Drunk Driving / DUI / DWI Defense Lawyer
Salt Lake area prosecutors and judges take DUI cases seriously. Political pressure to be “tough” on crime can make prosecutors hesitant to engage in resolution negotiations. Just being cited for DUI can result in a suspended driver license, even before you go to court. A conviction can lead to jail time, substantial fines, and other […]
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