What should I do if I am arrested?

If you are arrested or detained by police, stay calm and do not resist physically. Even small physical actions can be misinterpreted as resistance or as potential threats. It is important to exercise your right to remain silent, and to ask to speak with your attorney. Simply saying “I don’t want to answer questions” can still leave the door open for police to keep asking questions. Specifically state that you are exercising your Fifth Amendment right to remain silent, and and that you will not answer any questions until first speaking with an attorney. The only exceptions under Utah law where you are required to answer questions are very specific: your name, and your date of birth. (See Utah Code 76-8-301.5.)

The best defense attorneys ask questions that police don’t.

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

Can I be charged with DUI if I am not driving? Strange as it may sound, you can be charged (and convicted) of DUI in Utah even if you are not driving a vehicle. An explanation is in order. Utah’s DUI laws prohibit “operating” or being in “actual physical control” of a vehicle while under the influence of alcohol or drugs. The term “operating” is generally consistent with the idea of… Read More

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 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