Utah Criminal Defense - Flight
A jury in a Utah
criminal trial can be instructed that they may
consider
evidence of a defendant's flight (fleeing the scene) as an indicator
that the defendant was aware or conscious of his own guilt. However
fleeing a crime scene is not conclusive proof of guilt and should not
be presented that way. If you are facing criminal prosecution in Utah,
an
experienced criminal defense lawyer can help ensure that your right
to a fair trial is protected.
Contact us to see what the
right attorney
can do for you.
Flight as Evidence of Guilt
Utah courts
often give a
flight instruction in two separate but related contexts. One involves a
defendant who flees the scene of a crime directly following the
commission of a crime. The other involves a defendant who flees upon
learning that he has been accused of a crime. Flight from the
scene of a crime can involve relatively short distances and time
periods, such as exiting a building, running down the block, or getting
in a car and driving away. Flight after being accused of a crime can
also involve longer distances and extended periods of time,
such as a defendant who "hides out" at a friends house and refuses to
return home to his regular residence, or purchasing a one-way ticket
and flying to a foreign country that does not have an
extradition
agreement with the United States.

The Model Utah Jury
Instructions (MUJI 2d) includes two separate stock instructions that
address flight as evidence of a defendant's consciousness of his own
guilt. But both of these jury instructions include language that
informs the jury that there may also be reasons to flee that are
consistent with innocence. Flight, by itself, should never be treated
as conclusive proof of guilt.
Rule 404 of the Utah Rules of
Evidence deals generally with evidence of other crimes, wrongs, or acts
committed by a defendant or other witness. While evidence of flight
could be considered to be an act separate from the commission of the
crime itself, Utah courts have generally not determined the
admissibility of flight evidence under a Rule 404 analysis. Instead,
the admissibility of evidence of flight has its roots in common law.
Historically, flight was considered to be such strong evidence of guilt
that it was treated sometimes as being the equivalent of a confession.
More modern court analysis recognizes that there may be innocent
explanations for flight.
In analyzing the admissibility of
evidence of flight, it may be necessary to first determine whether the
alleged facts properly support the prosecutor's claim of flight. Not
all travel or movement away from the scene of an alleged crime should
necessarily be considered. Assume a hypothetical scenario involving a
person accused of committing a burglary in Salt Lake City. Assume that
one week after the burglary is alleged to have occurred, the defendant
learns that he has been accused of the crime. Consider next the
following four alternative scenarios in which the defendant later the
same day: (1) drives from Salt Lake City to Sandy where he visits his
parents; (2) drives from Salt Lake City to St. George where he visits a
friend from college; (3) begins driving to California, but is stopped
and arrested by police in Mesquite, Nevada; or (4) drives to the local
post office and begins the process of obtaining a passport.
Each
of the scenarios listed above contain elements that could be viewed as
consistent with "flight." But each of the scenarios also contain
elements that are completely consistent with ordinary life activities.
Distinguishing between ordinary travel or movements and evasive flight
can be critical to defending against a prosecutor's "flight" argument.
Utah Rule of Evidence 403
may also provide a basis to argue for the exclusion of evidence of
flight. Rule 403 provides in relevant part that a court "may exclude
relevant evidence if its probative value is substantially outweighed by
a danger of one or more of the following: unfair prejudice, confusing
the issues, misleading the jury, [etc.]."
Finding a Criminal Defense Attorney in Utah

Whether
you intend to take your case all the way to jury trial or hope to work
out a negotiated resolution, having the right criminal defense attorney
can make all the difference. With a
track record that includes real
results in some of the most serious charges on the books in Utah, we
have the experience, knowledge, and determination to help you achieve
the results you need.
Contact
us today to see how the right
attorney can help you.

A Utah criminal prosecution can result in a lifetime of consequences. Beyond jail and prison, a conviction can affect many areas of life, including employment, housing, finances, family, and much more. Never plead guilty without first consulting with an experienced criminal attorney. Understanding what is at stake is the first step....
Consequences
»