Category: Posts Archive
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Two-Step 402 Reductions – Felony to Misdemeanor
Can a second degree felony be reduced to a misdemeanor after probation in Utah? Under Utah Code section 76-3-402, a court may reduce the level of a conviction by up to a maximum of two steps. This kind…
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Police Searches and Prior Charges
Can police search a vehicle just because the driver has a prior drug conviction? The Fourth Amendment to the United States Constitution and the Utah constitution both protect people from unreasonable warrantless searches of their property or person.…
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Expungement Eligibility and Unpaid Fines
Can I get an expungement in Utah if I still owe fines? Utah Code section 77-40-105 sets out most of the requirements for obtaining an expungement in Utah. Among other requirements for an expungement in Utah, this section…
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Defending Retail Theft Charges in Utah
Can I be charged with shoplifting in Utah for something my friend stole? If you are in a store with a friend, and your friend steals something, you run a real risk of being charged with retail theft…
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Compelled Testimony in Utah Criminal Cases
Can I receive immunity if I am forced to testify in a Utah criminal case? The Utah State Constitution as well as the Fifth Amendment to the United States Constitution guarantee the privilege against self-incrimination. Generally, this means…
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No Contest Pleas in Utah DUI Cases
Can I defend a Utah DUI charge by pleading no contest? Some people mistakenly believe that pleading no contest (or “nolo contendere”) will somehow support their claim of innocence when facing a DUI charge in Utah. Pleading no…