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…

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…

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,…

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…

Utah’s DUI statutes contain “actual physical control” language that can allow a prosecutor to charge you with DUI in Utah even if you are not driving. It may seem counterintuitive, but you can be charged and convicted of DUI in Utah even if you have not been driving. Utah’s drunk driving (DUI) statute prohibits “driving”…

Receiving a citation for DUI in Utah actually begins two separate cases against you. One case is dealt with through the criminal court system. The other case is civil in nature, and can result in the suspension of your driver license for 120 days. Both cases are important, and both require that you take appropriate…

If you are arrested on a misdemeanor charge in Utah, you should normally be released from jail if the case is not filed with the courts within 72 hours of your arrest. However, this is not the limitations period for filing a criminal charge. Even if you are released and no case has been filed…

Utah law makes it a crime for any minor to consume or possess alcohol, or to have any measurable amount of alcohol in the body as determined by a blood, breath, or urine test. This charge is often referred to as “minor in possession” or “MIP.” As a misdemeanor criminal charge, it carries potential consequences…