What is a Preliminary Hearing? One of the rights afforded an adult criminal defendant in the State of Utah is to have a preliminary hearing, which is a hearing in which the prosecutor is required to present evidence to the judge which establishes probable cause. It is in a limitation on the government’s power to criminally charge individuals unfairly or…
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State v. Kirby, 2016 UT App 193
In State v. Kirby, 2016 UT App 193, defendant Kevin Darrell Kirby and a female acquaintance partied together in a motel room in Salt Lake City. Their room eventually became a crime scene, and Kirby was charged and later convicted of tampering with a witness, aggravated assault, and aggravated kidnapping. Kirby bought crack cocaine and vodka, which he and Victim…
Accomplice Liability for General Intent Crimes in Utah
The Utah Court of Appeals recently decided State v. Binkerd, 2013 UT App 216 wherein the court addressed whether a defendant could be found guilty of accomplice liability for a general intent crime such as manslaughter. In Binkerd, the defendant was the head of a gang. His right hand man was Alvey. There was a female associate of their gang who they found…
Suspending Your License for a Simple Traffic Citation
Utah has a weird law that permits a court to suspend a driver’s license for a simple traffic citation. That means anything: having a headlight out; brake light out; speeding; swerving; having tinted windows too dark; not having mudflaps; running a stop sign; crossing over the stop line before a traffic light; not having your blinker on long enough; and…
Restitution Hearings in Utah Criminal Cases
Criminal cases involving claims for restitution in Utah are governed by the Crime Victims Restitution Act, U.C.A 77-38a-101. If you are convicted of a crime and there is a victim who suffered damages, you may be required by the court, or as part of a plea agreement, to compensate the victim for their loss. In some cases, restitution cannot be…
Western States and Marijuana Laws
Utah is definitely not one of the marijuana friendly states in the west. Most people have probably heard that Colorado and Washington have decriminalized marijuana for personal use. Additionally, California has made small personal use charges infractions (something more akin to a speeding ticket than a typical drug charge). California also allows for very liberal medical marijuana use. But what…
Zimmerman Found Not Guilty
Over the weekend protesters took to the streets with signs and banners crying for one thing, “Justice 4 Trayvon” at least justice as they interpret it. The jury found George Zimmerman not guilty of second degree murder in the shooting of Trayvon Martin, which took place last year. Zimmerman was originally charged with second degree murder which in Florida requires…
Retail Theft in Utah and Challenging A Store Employee’s Search
The Utah Court of Appeals recently addressed whether the actions of store employees who detain and search an individual suspected of retail theft can be attributed to the government for purposes of challenging the search and seizure under the Fourth Amendment of the United States. In Orem City v. Santos, Elba Santos was charged with stealing from Costco. While Santos was…
Information Required by Adult Probation and Parole (AP&P)
If you are convicted of a felony in Utah, and in many cases a class A misdemeanor, the court may require you to meet with adult probation and parole, which is the entity responsible for supervising your probation. Before AP&P will take responsibility for your probation, you will be required to fill out a questionnaire. Below is an example of…
Criminal Simulation in Utah
Antique Fraud There is a big market for antiques and some items can go for hundreds of thousands and even millions of dollars. In the antique business one has to be wary of fakes. Remember the Salamander Papers in the 1980s? Producing fake historical documents, guns, clothing, and all other types of items is a big business. Have you ever…