Frequently Asked Utah Criminal Defense Questions III
Salt Lake City Criminal Defense Lawyer
The following questions and information are not intended to be used as a substitute for competent legal advice. If you or a loved one are facing criminal prosecution in Utah, you are strongly advised to consult with an experienced criminal defense attorney regarding the specific facts of your case. Contact us today to arrange for an initial confidential consultation.- Can I still be charged with DUI in Utah even if I blow under the legal limit (.08)?
- Can I be convicted of weapons possession in Utah if the weapon wasn't mine?
- Is there a statute of limitations for probation violations in Utah?
- What happens if I miss court in a Utah criminal case?
- Do police have to show you a warrant before entering your home without a warrant?
- What should I do if I am contacted by police and asked to speak with them about a fraud case in Utah?
- How much time will I serve for selling drugs to an undercover police officer in Utah?
- Is a bad check charge in Utah a felony or a misdemeanor?
- Can I pay my court fines online in a Utah criminal case?
- How will my prior record affect the judge's sentence in my current Utah criminal case?
- Can I beat a Utah criminal charge on a "pretext stop"?
- What is the punishment for simple possession of marijuana in Utah?
- Can a person be arrested in Utah without being questioned by police?
- Do bench warrants or arrest warrants ever expire in Utah?
- Is a traffic ticket considered a probation violation in Utah?
- How can I find out if I have an outstanding bench warrant or arrest warrant in Utah?
- Where can I find a DUI victim impact panel in Salt Lake County?
- Can I get a plea in abeyance on a drug charge in Salt Lake County without doing drug court?
- What is a "search" under the Fourth Amendment in Utah?
- Will a Utah court automatically give a 402 reduction if prosecutor agreed as part of a plea bargain?
- Will a protective order show up on a Utah background check?
- Can enhanceable crimes be expunged in Utah?
- Can I file an appeal of a Utah criminal conviction before I am sentenced?
- Can you be charged with burglary of a dwelling in Utah if no one lives there?
- What is a motion to quash bindover in Utah?
- Can a real estate license be denied in Utah for a criminal conviction?
- What are the maximum penalties for a DUI conviction in Utah?
- Is a knife considered a "dangerous weapon" under Utah law?
- Does a witness have the right to remain silent in a Utah criminal case?
- What is the "felony on felony" rule in Utah?
- What do I do if I am arrested for DUI in Utah?
- Can I be charged with a crime in Utah for something someone else did?
- Is DWI a criminal charge recognized under Utah law?
- Can mental illness serve as the basis for a motion to arrest judgment under Rule 23?
- Can I appeal a judge's sentence in a Utah criminal case?
- Can I plead "not guilty" if I really did commit the crime?
- Can a prosecutor call a witness at trial who is going to plead the Fifth?
- Can I be convicted of drug possession when drugs are found in my car?
- What should I wear (or NOT wear) to court in a criminal case?
- Will a plea in abeyance still show on a Utah criminal background check?
- Can a negligent homicide conviction be expunged in Utah?
- Is a "stay away" provision in a Utah protective order unconstitutionally vague?
- Does the Utah criminal code incorporate the felony murder rule?
- Why does BCI say I have to wait two years to expunge my record when I was arrested but no charges were filed?
- What are the penalties for possession of marijuana?
- Is the court website correct in stating that two class B misdemeanors cannot be expunged?
- Can a prosecutor use evidence that I left the scene of a crime as evidence of guilt?
- What can I do if I have a warrant for my arrest in Utah?
- Can an alleged victim waive the no contact provisions of a jail release agreement?
Find more attorney answers to Utah criminal defense questions, or contact us directly to see what the right criminal attorney can do for you.
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- Avoiding Common Mistakes
- First-Time
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- What to Expect in Court
- Potential Penalties
- Reasons for Hope
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- Felonies / Misdemeanors
- District / Justice Courts
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- Expungements
- 402 Reductions
- Bench / Arrest Warrants
- Constitutional Violations
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- Selected Crimes
- Drug Crimes / Addiction
- DUI / Alcohol Crimes
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- Selected Victories
Dismissed - Charges of insurance fraud were brought when investigators found reason to believe that client's claim of injury was fraudulent. Client was seen kicking a soccer ball, and investigators concluded that the injury claim was false. By obtaining medical records and other administrative records, and by pointing out to the prosecutor that the alleged injury interferred with the client's ability to lift - not his ability to kick a ball - the prosecutor agreed to dismiss the case.
Dismissed on Appeal - DUI case was dismissed after a successful appeal where the Utah Court of Appeals reversed the trial court's denial of the defense motion to suppress. Without the suppressed evidence, the prosecutor acknowledged that they did not have sufficient evidence to proceed to trial and the case was dismissed.
2-Step Reduction - Client needed a two-step reduction to bring a prior conviction to the misdemeanor level. Collection of substantial evidence of reform and rehabilitation convinced a normally reluctant prosecutor to stipulate to the defense 402 reduction motion.
Not Guilty - Client was charged with residential felony burglary and theft charges. Effective cross-examination of alleged victim at preliminary hearing resulted in an admission by the alleged victim that the charges were based on a false report to police, made for the purpose of getting revenge against the defendant. Case was dismissed outright.
- Recent Posts
-
What
should I do if I am arrested for DUI? - Many DUI cases begin as minor traffic stops. But the consequences of a DUI conviction are much more serious than an ordinary traffic citation. If you are pulled over for a suspected DUI, you have specific important constitutional and statutory rights that can protect your. . . .
How do I find out if I have an outstanding warrant? - If you believe you may have an outstanding arrest warrant in Utah, a criminal defense attorney can access the Utah statewide warrant system and help you find the best. . . .
Successfully defending against criminal prosecution requires more than just an 'aggressive' defense. The best defense attorneys understand that a sophisticated defense requires a thorough understanding of a variety of nuanced legal issues, real experience in the courtroom, good negotiation skills, and much more. Fighting hard is good. Fighting smart is better....
Strategy »
Choosing the best criminal defense attorney for your Utah criminal case may be the single most important decision you make. The courtroom can be a hostile place. Prosecutors receive extensive training on legal and tactical issues. Having an experienced criminal defense lawyer on your side is critical to defending your case and protecting your rights....
Experience »
Jail time, prison time, thousands of dollars in fines, and the lifetime collateral consequences of having a criminal conviction on your record - all of these and more are at stake when you are facing criminal prosecution in Utah. Understanding what is at risk is critical. Even so-called "minor" misdemeanor cases can have serious consequences....
Consequences »
Never give up hope. Being charged with a crime is not the same as being convicted. And it is usually not the end of the world. While the consequences of a criminal charge can be serious, there are often several options and strategies for handling your case. Understanding your options and how an experienced criminal lawyer can help....
Reasons to Hope »
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Serving Salt Lake, Davis, Weber, Utah, Cache, Tooele, Summit, Box Elder, and Wasatch Counties, and all of Utah.
Attorney Stephen Howard practices as part of the Canyons Law Group, LLC and Stephen W. Howard, PC.
Offices in Salt Lake and Davis Counties
560 South 300 East, Suite 200, Salt Lake City, UT 84111
952 S. Main St., Suite A, Layton, UT 84041
Call now to arrange for a confidential initial consultation with an experienced and effective Utah criminal defense lawyer.
In Salt Lake City, call 801-449-1409.
In Davis County, call 801-923-4345.
Stephen W. Howard, PC
Serving Salt Lake, Davis, Weber, Utah, Cache, Tooele, Summit, Box Elder, and Wasatch Counties, and all of Utah.
Offices in Salt Lake and Davis Counties
560 South 300 East, Suite 200, Salt Lake City, UT 84111
952 S. Main St., Suite A, Layton, UT 84041
Call now to arrange for a confidential initial consultation with an experienced and effective Utah criminal defense lawyer.
In Salt Lake City, call 801-449-1409.
In Davis County, call 801-923-4345.
Stephen W. Howard, PC
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