Salt Lake Criminal Defense Attorney Utah
Criminal Defense Attorney Stephen Howard
Call Criminal Defense Attorney in Utah
Call Utah Criminal Lawyer
Experienced Criminal Defense Attorneys / Former Prosecutors
Call 801-449-1409. We fight to protect your rights.
Utah Criminal Defense Lawyer Salt Lake City

Criminal Defense Solutions Start HereSM

Finding a Felony Defense LawyerChoosing a Misdemeanor Defense LawyerDrug and Alcohol Crimes Defense LawyerWhite Collar Defense Attorney for Utah ChargesAttorney for Expungements Reductions and PardonsDefendant Constitutional Rights Criminal LawyerBail and Bond Alternatives in UtahReasons for Hope Facing Criminal Charges

Fifth Amendment Attorney - Utah Criminal Defense

The Fifth Amendment to the United States Constitution guarantees each person the privilege against self incrimination. This privilege (sometimes referred to as the "right to remain silent") can be one of the most important rights in Utah criminal cases. This privilege applies both during the investigation stage of the case and at trial. A violation of these rights can form the basis of a motion to suppress evidence, and may in some cases result in a complete dismissal of charges.

As an experienced Utah criminal attorney, Stephen Howard can help you understand how your Fifth Amendment rights may affect your case. If you are facing felony or misdemeanor criminal charges in Utah, contact us today for an initial consultation. Based in Salt Lake City, Stephen Howard offers legal services to clients throughout Utah.

Privilege Against Self-Incrimination - Right to Remain Silent

Utah Attorney for Fifth Amendment Miranda RightsOn television, when a person is arrested, the police read the Miranda warnings. "You have the right to remain silent.  Anything you say can and will be used against you. . . ." Decades of police television shows have created the belief that police are required to read the Miranda warnings immediately upon arrest, and that failure to do so can mean that the case must be dismissed.

The Miranda warnings are real. But they don't always work the way television portrays them.

The Fifth Amendment guarantees the privilege against self-incrimination. That means that police cannot force you to talk to them, and a judge can't force you to testify in your own criminal case. In order to protect those rights, the United States Supreme Court has set forth the Miranda warnings, which must be given anytime police are going to interrogate or question a person who is in custody.

It sounds simple enough, but it gets complicated very quickly. There is a substantial body of case law that has developed just around the question of whether a person is in custody. Is being handcuffed enough? What about being handcuffed in a police car? When exactly is the person taken into "custody." Is it when the officer forms the intent to take the person into custody? Or is it when the person being arrested realizes that he is under arrest?

There are also gray areas relating to the issue of what constitutes "questioning" by police? What about a person who invokes their Miranda rights, and later starts to talk to police. After a person invokes their Miranda rights, can the police come back later and ask if he has changed his mind? These are just a few examples of questions that have been hotly debated and argued in the courts over exactly how much protection the Fifth Amendment gives.

The Fifth Amendment Miranda Rights and Motions to Suppress

A violation of a defendant's Fifth Amendment rights does not automatically guarantee a dismissal of the criminal case. In evaluating how a Miranda violation may affect the case, it is critical to consider what evidence the police obtained as a result of that violation. Both the incriminating statements made by the defendant as well as other evidence obtained based on those statements (the "fruit of the poisonous tree") can be suppressed if a court determines that the statements and other evidence were the result of constitutional violations committed by police.

In order to put this issue before the court for consideration, an appropriate motion to suppress must be filed. When a suppression motion is filed, the court will typically schedule an evidentiary hearing where each side (the prosecution and the defense) may present testimony, witnesses, or other evidence showing whether or not the police committed a violation of the defendant's Fifth Amendment Rights. Following the evidentiary hearing on the motion to suppress, the court will allow each side to present legal arguments in support of its position. These arguments may be made orally in court, or the judge may allow each side an opportunity to formally brief the issues (present written arguments on the issues).

If the court determines that police did in fact violate the defendant's Fifth Amendment rights, the court must then determine what evidence should be suppressed. If the suppressed evidence is critical to the prosecutor's case, then the prosecutor may choose to dismiss the entire case. If the prosecutor believes that there is still sufficient evidence to support the charges, without considering the suppressed evidence, then the prosecutor may choose to go forward with the case.

Utah's Constitution and the Right to Remain Silent

Article I Section 12 of the Utah Constitution provides that the accused (the defendant) "shall not be compelled to give evidence against himself." This right has generally been interpreted as being consistent with the United States Constitution's Fifth Amendment.

Finding a Utah Criminal Attorney in Salt Lake City

Utah Criminal Defense LawyerIf you are facing Utah criminal charges and have made any statements to the police, you should consult with an experienced Utah criminal defense attorney to determine whether your Fifth Amendment rights have been violated.

Stephen Howard has defended thousands of Utah criminal cases ranging from Aggravated Murder to DUI, and just about everything in between. His record of achieving real results for his clients demonstrates clearly the skill he brings to each case he handles.

Contact us now to see how Stephen Howard can help with your case.
 

Best Rating
Make a Payment to Your Account
Get Help Now
Name: Email: Phone: Describe your legal needs here:
I accept the disclaimer below.
Disclaimer: No attorney-client relationship is established by the use of this form. Confidential or time-sensitive information should not be submitted through this form. By clicking 'submit' I am only requesting that I be contacted for the purpose of obtaining legal services.

This form protected by reCAPTCHA.

  • Selected Victories
  • Criminal Defense Trial AttorneyNot 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.
  • Drug Crimes Defense Attorney Utah 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.
  • Utah 402 Reduction Attorney 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.
  • Utah Burglary Attorney Dismissal - Client was charged with first-degree felony home burglary and facing potential life in prison. Defense analysis revealed flaws in prosecutor's case which led to abeyance agreement intended to lead to a full dismissal of the case.
  • Recent Posts
  • What to Do When Arrested for DUI 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. . . .
  • Utah Statewide Warrant Search 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. . . .
Best Criminal Defense Strategy

You want the best defense. Agressive is good. But results ultimately are what really matter. Creating an effective strategy for defending against criminal prosecution requires a thorough understanding of statutes, case law, and evidentiary and procedural rules. A successful outcome is more likely when....

Strategy »
Salt Lake Criminal Defense Attorney Profile Utah

Our criminal defense lawyers have represented clients facing some of the most serious felony charges on the books in Utah. Whether you are facing prosecution for felony or misdemeanor charges, you can be assured that our attorneys have the experience, knowledge, and determination necessary to help you achieve the results you need. Choosing the best defense attorney for your case will be one of the most important decisions you make....

Experience »
Conviction Consequences in Utah Criminal Prosecutions

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 »
Utah Criminal Defense Attorney - Reasons to Hope

Being charged with a crime is not the same as being convicted. But just being charged can affect more than you may have imagined - jail, job, family, bills, rent or mortgage. It can feel like everything has gone wrong, and may you wonder if anything can go right. But facing criminal prosecution does not mean giving up hope....

Reasons to Hope »
Home | Attorney Profile | Case Results | Criminal Code | FAQ | Legal Resources | Defense Strategy | Contact Us

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

The materials in this website are intended for informational purposes only, and are not legal advice. Viewing or responding to materials in this site does not create an attorney-client relationship. Read Full Disclaimer.