Category: Criminal Defense in Utah
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Fingerprinting for Expungement in Davis County
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The fingerprinting information on this page should be accurate as of the time of publishing. Individual agencies may change their schedules and policies. We advise contacting the agency in question before going there in person. And of course, if you have legal questions, our defense team is here and ready to help. Bountiful805 South Main…
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Can police charge me for possessing a gun if they also find marijuana?
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Utah criminal law contains a number of statutes that make it a crime to possess a weapon in certain circumstances. Two of the most common conditions that can turn an otherwise legal weapon into a criminal charge involve Utah’s concealed weapons laws and Utah’s controlled substance laws. Unless you have a concealed weapons permit (“concealed…
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Riverton City Justice Court – Defense Attorney
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The Riverton City Justice Court has jurisdiction over class B and class C misdemeanor offenses that occur within the Riverton City boundaries. Class B misdemeanors are punishable by up to 180 days in jail. Class C misdemeanors are punishable by up to 90 days in jail. Typical charges handled by the Riverton City Justice Court include DUI, domestic violence, assault, theft, criminal mischief, marijuana…
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Invocation of Fifth Amendment by Witness
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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…
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Do I have to testify against my spouse in Utah if I am subpoenaed?
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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,…
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Can I represent myself if I am charged with a crime?
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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…
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Competency Evaluations in Utah Criminal Cases
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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…
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Criminal Charges for Choosing Your Child’s Therapist?
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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…
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Initial Stages of a Criminal Case – Police Investigation
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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.
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Presumption of Innocence – Do We Still Believe?
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“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…