Category: Criminal Defense in Utah
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Invocation of Fifth Amendment by Witness
Handling a Witness Claiming the Right to Remain Silent The invocation of Fifth Amendment privileges by a witness at trial presents significant legal issues. Depending on the circumstances, it can create potential problems and possible advantages to either…
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Spousal Privilege – Subpoenas and Your Rights
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…
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Can I represent myself in a criminal case?
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…
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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…
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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…
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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.