Category: Criminal Defense
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Using Force to Defend Your Home
Defense of Habitation – Affirmative Defenses in Utah Using force to defend your home can form the foundation of an affirmative defense under Utah criminal Utah law. But your right to defend your home is not identical to…
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Holding a Plea in Abeyance in Utah
Pleas in Abeyance – Farmington District Court In some cases, a plea in abeyance can provide a way for a defendant to have charges dismissed while also avoiding the risks and costs involved in taking a case to…
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Expungement Processes in Utah
Burden of Proof and Court Hearings for Expungement Without the stipulation or consent of the prosecutor on a petition for expungement, the court may require a formal hearing to determine whether the expungement should be granted. This page…
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Theft by Rental Agreement in Utah
Theft by rental agreement in Utah contains an exception the normally required element of the “intent to permanently deprive” the owner thereof.
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Felony Case Processes – Initial Appearance
Felony First Appearance in Utah Criminal Cases This page is part of a series of web pages intended to give a general overview of the criminal case process in Utah’s court system. If you are facing felony criminal…
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Fifth Amendment – Protecting the Innocent
Fifth Amendment Rights and Miranda Warnings The following was written by Utah Attorney Stephen Howard and first published in the Deseret News on May 1, 2016 in a slightly edited form. Celebrating 50 Years Since Miranda v. Arizona…