Salt Lake City Criminal Defense Attorney Stephen Howard
Real Results from Utah Criminal Defense Cases
The following results are selected examples of real victories achieved
by
Utah criminal defense
attorney
Stephen Howard in real cases. Each criminal defense case is different,
and
these
results are not intended to suggest any guaranteed outcome for your
case.* To
protect confidentiality, no names have been used.
- Aggravated
Robbery -
Dismissed - Details
>>
- Defendant was facing possible life in prison in a
criminal prosecution for
allegedly
robbing a TRAX passenger at knife point.
Police claimed that he and an acquaintance had tried to take
money from a passenger by threatening him with a knife. Utah
criminal defense
attorney Stephen Howard's
cross-examination of the passenger at the preliminary hearing
demonstrated that the defendant, although present when the robbery
occurred, had not participated in the crime. Mr. Howard
convinced the
judge to dismiss the case, without going to trial.
- Child
Kidnapping - Dismissed - Details
>>
- A man was accused of child kidnapping, charged with a
first degree
felony, and faced the possibility of life in prison. By
meeting
with the prosecution and exposing legal flaws in the prosecution's
case, Mr. Howard convinced the prosecutor to dismiss the case after the
first court hearing.
- Aggravated
Assault - Not
Guilty Verdict - Details
>>
- Several witnesses accused a man of attacking
other
individuals at a party.
Utah criminal lawyer Stephen Howard was able to obtain
testimony from
prosecution witnesses at
trial supporting the defense contention that the man had in fact been
attacked first by the other individuals, and
that any force he used had been in self-defense. The jury
returned a not guilty verdict.
- First
Degree Felony Drug Charges - Plea in Abeyance to Single Misdemeanor
-Details
>>
- Client was charged with two first-degree felony drug
distribution
charges after selling drugs to an undercover police officer.
Through negotiations with the prosecutor, Mr. Howard obtained
a
plea offer that allowed the client to enter a plea-in-abeyance
agreement to a single misdemeanor charge of attempted possession of a
controlled substance. Under the terms of the plea-in-abeyance
agreement, the case would be dismissed upon successful completion of
the court's probation terms.
- First
Degree Felony Burglary and Theft - Plea in Abeyance to
Misdemeanors - Details
>>
- Client was charged with two first-degree felony
criminal charges of burglary and theft, with a "gang enhancement" for
burglarizing a house and stealing thousands of dollars in property.
Stephen Howard was able to successfully convince the
prosecutor that his client's involvement in the case had been
peripheral and that he had not significantly benefited from the theft.
Mr. Howard also collected character references that
demonstrated that his client's conduct in this situation was out of the
ordinary. Based on this mitigating information, the
prosecutor agreed to allow the client to enter a plea in abeyance
agreement on misdemeanor charges, that would ultimately result in the
case being dismissed.
- Felony
Theft - Dismissed - Details
>>
- A contractor was charged with multiple counts
of criminal theft for allegedly misusing funds from his
customers. He had
contracted to
perform work on the homes, but due to complications, the work
was significantly delayed. Although a substantial amount of
the work
was already completed, customers contacted police, and had a
felony filed against the contractor. Although the case was
bound over for trial, Utah criminal defense lawyer Stephen Howard filed
a
successful motion to quash the
bindover that resulted in dismissal.
- Workers
Compensation Insurance Fraud - Dismissed - Details
>>
- A felony criminal case was filed alleging workers
compensation
fraud, based on an employer's allegation that a former
employee's claim was fraudulent. Insurance
investigators observed him kicking a soccer ball around in his
yard, and alleged that he was faking the
injury. Neither his injury nor his job had anything to do
with
kicking a soccer ball. Instead, his injury prevented him
from doing
heavy lifting, which was required for his job. By pointing
this out and
obtaining medical and other administrative records, Utah criminal
defense attorney Stephen Howard was able
to convince the prosecutor to dismiss the case.
- DUI
- Conviction Reversed
on Appeal - Details >>
- While represented by another attorney, a man was
convicted
at trial of DUI. Utah criminal defense lawyer Stephen Howard
took the case after conviction, and filed a
successful appeal. On appeal, Mr. Howard challenged the trial
court's
ruling on a motion to suppress evidence. Although there was sufficient
evidence to prove beyond a reasonable doubt that the driver was under
the influence, Mr. Howard was able to convince the
appellate court that the most damaging evidence was obtained by police
in violation of Fourth Amendment protections. The
conviction was reversed, and the case dismissed.
- First
Degree Felony Drug Charges - Reduced to Misdemeanor Plea in Abeyance
-Details
>>
- Charges for drug distribution in a drug-free zone were
filed against client, who was facing the possibility of life in prison.
Salt Lake criminal attorney Stephen Howard negotiated a
reduction of charges to a misdemeanor level and a plea in abeyance
agreement that would result in dismissal of the charges.
- Motion
to Suppress -
Granted - Details
>>
- A vehicle was parked in an area
where houses were under construction. Police officer pulled
his
vehicle
in front of the vehicle, and approached the
vehicle to investigate possible criminal activity. After
detaining the driver, the officer found
evidence
supporting
felony
drug charges. Utah criminal defense lawyer Stephen
Howard successfully argued,
even though the the officer did not activate his lights, did not
handcuff the driver, and never stated that the driver was not free to
leave, that the encounter was not "voluntary" and that the officer had
violated the protections guaranteed by the Fourth Amendment.
The
court ordered
the
evidence suppressed, and the case
was dismissed.
- Drug
Distribution -
Dismissed - Details
>>
- Woman had been caught by police with drugs that were
intended for distribution. As a
result of Utah criminal defense attorney Stephen Howard's negotiations
with the
prosecutor, and the woman's
willingness to participate in treatment, State agreed to dismiss
charges of felony drug distribution upon her completion of
treatment.
- Assault
on a Police Officer - Plea in Abeyance - Details
>>
- Client was charged with assaulting a police
officer. The officer claimed that he had been assaulted by
Mr. Howard's client while investigating a traffic accident.
By demonstrating potential exaggeration in the officer's
police report and emphasizing his client's lack of prior criminal
conduct, Mr. Howard was able to negotiate a plea in abeyance agreement
on the case that would result in dismissal of the case.
- Communications
Fraud -
Reduced to Misdemeanor with Probation - Details
>>
- Man was accused of second-degree felony
communications fraud. Utah criminal defense lawyer Stephen
Howard's analysis of the case raised
questions and created doubt about whether the prosecutor could actually
prove criminal fraud beyond a reasonable doubt at trial. Based on those
concerns, the prosecutor agreed to reduce the charge to a misdemeanor,
issuing a bad
check (bouncing a check).
- Felony
Burglary -
Not Guilty Verdict - Details
>>
- Man was accused of breaking into a home and stealing
property. Utah defense lawyer Stephen Howard's investigation
revealed witnesses who confirmed
the defense contention that the alleged victim had fabricated the
criminal accusations as a means of getting revenge. The jury
returned a not guilty verdict.
- Reckless
Endangerment - Not
Guilty - Details
>>
- A sheep rancher was having problems keeping ATVs and
motorcycles off the property where he ran sheep. In the panic
of running from the motorcycles or ATVs, the sheep would often injure
themselves. While the rancher was following a motorcyclist to learn his
identity, the motorcyclist crashed. Police blamed the
rancher, and filed a criminal case alleging reckless
endangerment. Utah criminal defense lawyer Stephen Howard's
cross-examination of this alleged victim
demonstrated that it was the motorcyclist who had been reckless, and
that he had in fact crashed into the back of the rancher's pickup while
trying to execute an escape maneuver. The jury returned a not guilty
verdict.
- Probation
Violation - Case
Closed - Details
>>
- Court had issued an Order to Show Cause for criminal
probation
violations. The defendant had been classified a
"fugitive"
for more
than three years, before eventually turning himself in to the
court. In spite of this significant period of noncompliance,
Utah criminal defense attorney Stephen Howard
successfully argued that the defendant's positive actions (enrolling in
school, getting a job, staying crime-free, etc.) along with the age of
the case justified closing the case without any additional jail time.
- Kidnapping
- Reduced to
Misdemeanor with Probation - Details
>>
- Man was accused of kidnapping a woman and taking her
across state lines. It was alleged that he had lured her into
his vehicle on pretenses of having a conversation. He
allegedly
began driving, and refused to stop the vehicle to allow the woman to
leave. Effective investigation and negotiation of the case
resulted in
a misdemeanor plea bargain, with probation.
- Discharging
Firearm from Vehicle/Roadway - Plea in Abeyance / Dismissal - Details
>>
- Driver was accused of a felony for allegedly firing a
gun during a confrontation over a traffic incident. By
raising
questions about who the initial aggressor was, and highlighting the
man's prior positive history, Utah defense attorney Stephen Howard was
able
to convince the prosecutor
to allow a plea in abeyance. The case was ultimately dismissed.
- Aggravated
Robbery -
Probation Granted - Details
>>
- Man entered a convenience store, used a gun to
threaten
the cashier, and demanded money. Police located him
after a gunshot was reported coming from his hotel room.
After waiving
his Miranda rights, and before getting an attorney, he
confessed to police. Although aggravated robbery carried a
5-year
minimum with
a possible
life prison term, Utah criminal lawyer Stephen Howard was able to
negotiate a plea to a
significantly reduced charge, and to convince the judge to grant
probation.
- Credit
Card Fraud -
Dismissed - Details
>>
- Woman was shopping with another individual who used a
stolen
credit card to purchase merchandise. Without evidence that
she
had participated or otherwise known that the credit card was stolen,
Utah criminal defense lawyer Stephen Howard was able to
obtain an outright
dismissal.
- Motion
to Withdraw Plea -
Granted - Details
>>
- Defendant had pled guilty, without an attorney, to
everything
that had been filed in a criminal case. After taking the
case, and
although the evidence against the man was substantial, Utah criminal
defense attorney Stephen Howard
was able to get the plea withdrawn and negotiate a resolution to
significantly reduced charges.
- Aggravated
Burglary -
Reduced to Misdemeanors with Probation -
Details
>>
- Man was accused of aggravated burglary and facing
the possibility of life in prison. By investigating the underlying
allegations and through hard negotiations, Utah criminal defense
attorney
Stephen Howard was able to
obtain an offer from the prosecutor resulted in
two minor misdemeanors - criminal mischief and trespass.
- Drug
Possession, Paraphernalia, and Open Container - Plea in Abeyance - Details
>>
- Client was charged with possession of a controlled
substance, drug paraphernalia, and open container after police found
drugs, a glass pipe, and an open can of beer in the client's car.
Mr. Howard was able to facilitate a substance abuse
evaluation and treatment for his client. His client's
participation in treatment played a major role in convincing the
prosecutor to allow the client to enter a plea in abeyance agreement
that would result in all charges being dismissed.
- Probation
Violation -
Probation Reinstated - Details
>>
- After repeated criminal probation violations, the court
imposed 'zero
tolerance' conditions on the defendant. After violating
probation
again, he was facing a potential 15-year prison term.
Utah criminal defense lawyer Stephen
Howard was able to present sufficient mitigating information to the
court to convince the judge to reinstate probation rather than impose
the prison time.
- DUI
-
Dismissed - Details
>>
- Driver was accused of DUI after police officer
observed
indications of alcohol consumption during a routine traffic
stop. By
pointing out problems with the field sobriety tests and breath alcohol
testing performed by the officer, along with the lack of any
reckless driving pattern, Utah criminal defense attorney Stephen Howard
was able to convince the
prosecutor to dismiss the charge.
- Felony
Forgery - Dismissed
- Details
>>
- Woman was accused of forgery for depositing a bogus
check
into her own account. Utah criminal defense
attorney Stephen Howard's investigation of the case uncovered
evidence to support the defense claim that she had received the check
as payment for property she had sold. Mr. Howard was able to
build a
case sufficiently strong to convince even the prosecutor that there was
reasonable doubt as to any criminal intent. The case was dismissed
without going to trial.
- Child
Abuse Homicide -
Reduced to Misdemeanor with Probation - Details
>>
- Woman was charged with criminal homicide relating to
the death
of an
infant. Utah criminal defense lawyer Stephen Howard
obtained information from an independent
medical examiner that raised real questions about the cause of the
child's death. With additional investigation confirming
mitigating information about the woman's background, Mr. Howard
convinced the prosecutor to reduce the charge to a misdemeanor and
allow a "no contest" plea. At sentencing, the court granted
probation.
- Aggravated
Robbery - Reduced to Misdemeanor with Probation - Details
>>
- Man was facing potential life in prison for Aggravated
Robbery and
Aggravated Assault for alleged criminal participation in a robbery
where a 2x4 was used to assault the victim and take her
property. Investigation showed that he had mostly been a
bystander, and that the property actually belonged to one of the
other participants. Based on the work of Utah defense
attorney Stephen Howard, the aggravated robbery was dropped, the
aggravated assault was reduced to a misdemeanor, and the court granted
probation.
- Felony
Burglary -
Reduced to Misdemeanor with Probation - Details>>
- Man was caught red-handed breaking into
a
home and stealing property. Utah criminal lawyer Stephen
Howard was
able to present sufficient
mitigating information about the man's background and circumstances
to convince the prosecutor to reduce the criminal charges to
misdemeanors.
The court granted probation.
- Domestic
Violence -
Not Guilty - Details>>
- A criminal domestic violence case was filed, where the
victim
alleged that
she had tried to call the police during an argument, the defendant
grabbed the phone from her hands and pulled so hard that the cord
pulled out of the wall. At trial, Utah criminal defense attorney
Stephen Howard was able to confirm the
authenticity of key photographs that had been taken of the alleged
crime scene, showing the phone cord still wrapped around the leg of a
small end table that had several items still perched on top.
It
would
have been physically impossible to pull the cord out of the wall
without pulling the table over too and causing its contents to spill.
The jury returned a not guilty verdict.
- Motion
to Suppress -
Granted - Details
>>
- Driver was stopped by a police officer for an alleged
traffic
violation. The officer subsequently found evidence of other
crimes.
Utah criminal attorney Stephen
Howard filed a motion to suppress, asserting that the officer had
violated certain Fourth Amendment protections. Mr. Howard's
cross-examination
of
the officer revealed that the officer had an incorrect understanding of
the traffic laws, and that the "violation" observed by the officer was
in fact not illegal. All relevant evidence was suppressed, and the case
was dismissed.
- Minor
in Possession (MIP) of Alcohol - Plea in Abeyance / Dismissal - Details
>>
- A minor (over 18, but under 21) was charged
with
possession of alcohol. While this first case was pending, the minor was
charged with a second case of being a minor in possession of
alcohol. Utah criminal defense attorney Stephen Howard
negotiated
a plea in abeyance agreement on the first case as well as a dismissal
of the second case.
The plea in abeyance allowed the minor to avoid having her
driver's license suspended. While the second case was
dismissed
up front, the plea in abeyance agreement gave her the opportunity to
have the first case dismissed as well.
- Contributing
to the
Delinquency of a Minor - Dismissed at Trial - Details
>>
- Allegations were made that the man had been directly
involved in providing alcohol to a minor. Police arrived at
the man's residence, and found an intoxicated teenager with empty
bottles all around. The man, however, was upstairs
asleep. By asserting the presumption of innocence and
requiring
the prosecutor to meet the constitutional burden of presenting proof
beyond a reasonable doubt, Utah criminal defense attorney Stephen
Howard was able to demonstrate that the
prosecutor simply didn’t have sufficient evidence to support a
criminal
case.
The
prosecutor conceded, and moved to dismiss even before a
verdict was reached.
- Telephone
/ Electronic Communications Harassment - Plea in Abeyance - Details
>>
- Client was charged with telephone harassment /
electronic communications harassment. By demonstrating the
minimal nature of the alleged violation and raising questions about
whether his client had actually been put on notice of the fact that he
was not allowed to call the alleged victim, Mr. Howard was able to
negotiate a plea in abeyance agreement that would result in dismissal
of the case.
- Child
Abuse - No Charges Filed - Details
>>
- Client was being investigated for potential felony
charges of child abuse based on allegations that he had choked his
son. By contacting the prosecutor who was screening
the case and providing information that cast the incident in a
different light, Utah criminal defense lawyer Stephen Howard was able
to help convince the prosecutor to
not file charges in the matter.
- Aggravated
Sexual Abuse of a Child - No Charges Filed -Details
>>
- Allegations were made that Mr. Howard's client had
sexually abused a child. The juvenile court and DCFS had both
determined the allegations to be credible. Mr. Howard was
able to present information to the prosecutor regarding potential flaws
in the investigation as well as a positive polygraph examination of his
client. This additional information was sufficient to
convince the prosecutor to decline criminal charges.
- Residential
Trespass - Plea in Abeyance / Dismissal -Details
>>
- Client was facing facing a potential year in jail for
allegations she had trespassed in another person's residence and made
threats against other individuals. By demonstrating potential
weakness in the case, Utah criminal defense lawyer Stephen Howard was
able to negotiate a plea in abeyance agreement that resulted in the
case being dismissed the same day the agreement was made.
- Domestic
Violence - Dismissal -Details
>>
- Client was charged with domestic violence assault,
domestic violence in the presence of a child, and other charges.
Salt Lake criminal attorney Stephen Howard achieved a
dismissal of all charges without having to take the case to trial.
- Felony
Criminal Mischief - Reduced to Misdemeanor Plea in Abeyance -Details
>>
- Client was charged with felony criminal mischief
after doing thousands of dollars of damage to the victim's car.
Client was facing facing possible prison. Mr.
Howard negotiated both a reduction in the level of the charge to a
misdemeanor, but also a plea in abeyance that would have the entire
case dismissed after a probationary period.
- Felony
Aggravated Assault - Probation with No Further Jail -Details
>>
- Client was charged with felony aggravated assault after allegedly
threateing "I'm going to kill you" and firing two shots into the floor.
Successful mitigation efforts resulted in a negotiated resolution
including probation with no further jail.
Finding a Utah Criminal Defense Attorney in Salt Lake City
Criminal defense attorney
Stephen Howard has spent his career protecting the rights of people
accused of crimes in Utah. Based in Salt Lake City, Mr. Howard provides
legal services to clients throughout Utah.
Contact us to schedule an
initial consultation with
Salt
Lake criminal defense lawyer Stephen Howard.
* While the results listed above are real outcomes in real
Utah criminal defense cases, no
attorney can promise you a particular result in your case. The
case examples and information presented in this website should not be
construed as any guarantee of a result or outcome in your case. The
specific facts of your case play a significant role in
determining the ultimate outcome of the case. An experienced
criminal defense attorney can help you understand what the possible
results may be for your case, as well as the most likely outcome under
the specific facts and circumstances of your case.

- Selected Defense Victories
Not Guilty - Client was charged with aggravated assault for alleged attack using broken bottle as a weapon. Despite the testimony of numerous prosecution witnesses, thorough defense investigation to support a self-defense claim resulted in acquittal by jury at trial.
Felony Reduced - Client with prior felony conviction was granted a 402 reduction to the misdemeanor level over the objection of the prosecutor. Based on information provided to the court in support of the defense motion, the judge ruled in favor of the defense.
Dismissed -
Client facing first-degree felony drug distribution
charge and potential life in prison. Charges were based on allegations that client had sold drugs to an undercover police officer, then made a full confession. Successful mitigation work
resulted in negotiated offer of misdemeanor plea-in-abeyance and
ultimate dismissal of case.
Not Guilty - Client was charged with second-degree felony residential burglary and facing potential prison time. Investigation by the defense revealed multiple witnesses, missed by police and prosecutors, who supported client's claim of innocence. At trial, the jury returned a "not guilty" verdict on all charges.
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