Waiting times for expungement eligibility in Utah are governed by the Utah Expungement Act (Utah Code 77-40a-101 et seq.). While these statutory waiting periods are binding on both the courts and BCI, an attorney may be able to help you speed up the expungement process by first obtaining a 402 reduction for the level of the…

Most often, when a criminal case is dismissed in Utah, it is over.  But there are circumstances in which you may face the possibility of having charges re-filed against you. Constitutional double jeopardy protections and due process requirements often prevent prosecutors from re-filing charges. If your case has been dismissed after a jury is empaneled but…

Possession or consumption of alcohol by a minor is typically charged as a class B misdemeanor in Utah.  In addition to potential jail time and fines for a criminal conviction, you may also lose your driver license. Under Utah law, the Utah Driver License Division is required to suspend a minor’s driver license for up…

Many enhanceable crimes in Utah are eligible for expungement. But an extended waiting period may apply, and you may be more likely to face opposition from prosecutors when seeking to expunge a criminal record involving enhanceable offenses. This page addresses expungement issues relating to DUI, domestic violence, and theft convictions. Expunging DUI Charges in Utah A…

Drug addiction plays a major role in many Utah criminal cases – even cases that are not traditionally viewed as “drug crimes.”  Addiction itself does not provide a defense to criminal liability. But under Utah criminal law, both voluntary intoxication and involuntary intoxication can provide a defense to criminal prosecution under certain limited circumstances. Intoxication…

Passing bad checks in Davis County can lead to serious criminal charges. Whether the checks are forged from another person’s account or you write a check from your own account with insufficient funds, a criminal conviction can result in jail or prison time, substantial fines, and other serious consequences. If you are facing criminal prosecution…

Drug addiction plays a major role in many Utah criminal cases – even cases that are not traditionally viewed as “drug crimes.” Under Utah criminal law, both voluntary intoxication and involuntary intoxication can provide a defense to criminal prosecution under certain circumstances. An experienced Utah criminal defense attorney can help you determine whether drug addiction…

When a plea is held in abeyance in a Utah criminal case, it is not considered to be a conviction. However, during the “abeyance” period, the case is still considered to be an open and pending criminal case. Upon completion of all terms of the plea in abeyance agreement, the case can be dismissed. In…

Please Note: Utah law regarding marijuana and cannabis has changed significantly since this post was originally published. Contact an attorney directly if you have questions regarding the legality of any substances or if you have been accused of a crime. Prior to 2011, certain synthetic cannabinoids (synthetic cannabis) were legally marketed in Utah. Sold under…