Utah Criminal Defense Attorney - Warrantless Searches
The Fourth Amendment to the United States Constitution protects individuals from unreasonable warrantless searches and seizures. The Utah State Constitution, Article I, Section 14 also provides protections against unreasonable searches and seizures, and requires that any warrant must be based on probable cause. If you are being charged with a crime in Utah based on evidence obtained by police without a warrant, you should speak to an experienced criminal defense attorney to determine the best strategy for defending your case. Contact us today to schedule an initial consultation.Motions to Suppress Evidence
Under both Utah and federal law, when a police officer obtains evidence by means of a warrantless search, a motion to suppress may be used to challenge the validity of the search or seizure. Typically, if the officer did not have a warrant, the prosecutor will be required to demonstrate how the officers actions fell within one of the warrant exceptions that has been acknowledged by the courts. If a court determines that the evidence was obtained in violation of the Fourth Amendment's requirements, the evidence may be suppressed. In other words, a judge may order that the prosecutor will not be allowed to use the evidence in prosecuting the case at trial.If you are facing prosecution in Utah based on evidence obtained through a warrantless search or seizure, an experienced Utah criminal defense lawyer can help you determine whether a motion to suppress is appropriate in your case. In many cases, a successful motion to suppress can result in the all charges being dismissed.
Finding an Experienced Utah Criminal Defense Attorney in Salt Lake
Salt Lake criminal defense attorney Stephen Howard has handled literally thousands of cases during his career. He has the experience, knowledge and determination necessary to help you get the results you need. If you are facing prosecution in Utah for misdemeanor or felony charges, you deserve to have an experienced, effective attorney on your side.Contact us now to schedule an initial consultation.
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Need to Know - Choosing an Attorney
- Avoiding Common Mistakes
- First-Time
Offenders
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Offenders
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Clients
- What to Expect in Court
- Potential Penalties
- Reasons for Hope
- Attorney Practice Areas
- Felonies / Misdemeanors
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- Selected Crimes
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- Violent Crimes
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Crimes
- Selected Victories
Not Guilty - Client was charged with aggravated assault for allegedly pointing handgun at and threatening another driver during a road rage incident. Defense investigation and analysis, combined with effective cross-examination at trial indicated the alleged victim was the initial aggressor and suported client's self-defense claim. Jury acquitted client at trial.
Dismissed - Minor in possession charge (MIP) was dismissed by prosecutor when defense analysis demonstrated that the police had failed to obtain necessary evidence against client. Police had raided a large party involving underage drinking. Several individuals were charged, but police did not obtain evidence showing that client had personally consumed or possessed alcohol. Case was dismissed.
Released - Client absconded for more than 10 years from felony probation with
Adult Probation and Parole. At an order to show cause hearing, prosecutor argued aggressively for prison. Based on effective mitigation efforts by the defense, the judge agreed to release client without further jail.
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.
- Recent Posts
How is drug paraphernalia defined in Utah? - The definition of drug paraphernalia under the Utah criminal code looks at both the nature of the object and also the intended use of the object in question. . . .
Can
I handle a Utah misdemeanor from out-of-state? - Even if you do not intend to take your case to trial, a misdemeanor criminal offense in Utah can require multiple court appearances to reach a resolution. If you have been charged with a crime in Utah, but are not a Utah resident, an experienced criminal defense attorney may be able to help you resolve
the case without returning to the state. . . .
The best outcome is more likely when the right strategy is employed. Developing the best strategy can require real courtroom experience, a thorough understanding of procedural and substantive legal issues, and a determination to ensure that important constitutional and other legal rights are protected. Choosing the right attorney....
Strategy »
Defending against a criminal prosecution in Utah is a job that has to be done right the first time. Choosing the right attorney to defend you can be the most important decision you make. Our attorneys have extensive experience handling some of the most serious felony and misdemeanor charges on the books in Utah. No matter what charges you are facing, we can help....
Experience »
Even a "minor" misdemeanor carries the potential for jail time and significant fines. The direct penalties and collateral consequences of a felony conviction are even more severe. Understanding these consequences is critical as you make decisions relating to your case. Even in a misdemeanor case, you should not....
Consequences »
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 »
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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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