Is it better to hire a local defense attorney?

Hiring the right attorney is more important than hiring a local attorney. Sometimes, local attorneys will have a better working knowledge of some of the quirks or unique practices of a local judge, court, or prosecutor. But all courts in Utah, district courts and local justice courts, must follow the same Rules of Criminal Procedure and Rules of Evidence. Be wary of any attorneys who suggest or hint that they have local connections that can be used to get you a better deal. The Constitution and criminal laws apply equally across the entire state. Your better off hiring an attorney who knows the law and has the experience to help you develop a viable defense strategy.

Attorney and Client Meeting for Legal Consultation

The best defense attorneys challenge the status quo through ethical advocacy both in and out of the courtroom.

Can police use evidence if they obtained it illegally? Utah courts will suppress or exclude evidence if a judge determines that police obtained it through conduct that violates the Fourth Amendment rights of the person charged. Additional evidence that police find as a result of an initial search conducted in violation of the defendant’s Fourth Amendment can also be suppressed by a judge as “fruit of the poisonous tree.”… Read More

What does a search warrant allow police to do? A judge or magistrate in Utah can issue a search warrant that authorizes police to search a specific location and to seize items, objects, records, or other evidence relating to a crime. Utah’s Supreme Court has stated that without a warrant, a search and seizure conducted by police is presumptively unreasonable. Without a warrant, a prosecutor must be able to… Read More

What rights do I have after I am arrested? Being arrested does not change the rights you have, but it does make understanding those rights much more important. You do not have to wait to be read Miranda rights before you can exercise your right to remain silent. But just not answering questions doesn’t fully invoke those rights. You want to specifically state that you are exercising your 5th… Read More

What if a jury cannot reach a verdict? A jury in Utah criminal trials must be unanimous – whether voting guilty or not guilty. If the jury cannot reach a unanimous decision, they will usually send a note or other communication to the judge asking what they should do. Most often, the judge will instruct the jury that they should keep trying. But if the jury determines that… Read More