What is a prosecutor’s duty to disclose evidence? In criminal cases the State has the burden to prove beyond a reasonable doubt that the defendant committed the crime being charged. The State can only satisfy its burden if it produces supporting evidence. Supporting evidence is gathered by the law enforcement agencies involved in the case. The collection of evidence gives…
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Criminal Rights
Do I have to Pay to Stay in Jail?
Getting accused of a crime is not cheap. Take a DUI for example. When you get arrested your car gets impounded. You have to pay for your vehicle to be towed and impounded. You have to hire a lawyer. If you’re found guilty or you enter into a plea arrangement, you’ll have stiff fines that you have to pay. If…
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…
The Law of Defense of Others in Utah Criminal Cases
Utah Code Sets forth the Law of Defense of Others The law in the United States and Utah derives from English common law and under the common law an individual has the right to defend himself against aggressions and violence from others. That same common law recognized the right to defend the life and property of others. Utah has taken…
Traffic Stops in Utah
DUI and Drug Crimes Salt Lake Lawyer As you probably know, a law enforcement officer can make a traffic stop for nearly any reason, for the simple fact that everything is illegal when driving. There are more protections for the driver, however, once the stop is made. The cop cannot just conduct a search of one’s vehicle if the only…
Protect Your Right to Remain Silent | Utah Defense Lawyer
Don’t Incriminate Yourself by Talking to Police The United States Constitution protects many individuals from government abuses. One such right protected is the right from self-incrimination. This right is embodied in the fifth amendment to the U.S. Constitution. The fifth amendment reads in part that no person shall “be compelled in any criminal case to be a witness against himself.” …
Failure to Disclose Identity | Salt Lake Criminal Defense
Police Ability to Stop and Question People in Utah We take many freedoms for granted in Utah and the rest of the United States. One such freedom is the freedom of movement. People in the United States are free to move within the country unimpeded by government actions or restraints. People don’t have to carry papers with them authorizing their…
Persons of Interest Named in Murder Case
Millerbergs Could be Responsible in Rasmussen Case Utah media has been swarming for weeks over the disappearance and later the apparent murder of Alexis Rasmussen from Ogden, Utah. Authorities are currently investigating Rasmussen’s death, who was last known to be babysitting at the home of Eric and Dea Millerberg. The Millerberg’s, who have since been picked up on parole violations,…
Man Accused of Murder Deemed Competent
Three Year Old Trial Will No Proceed Michael Doyel was charged with murdering his former girlfriend, Deborah Jones, in 2008. Doyel allegedly strangled Jones, put her body in a storage bin, and then carried her across state lines. Furthermore, Doyel took Patricia Murray, a handicap woman, with him on his cross country trip without the consent of her guardian. Doyel…
Miranda Rights Not Needed for Pre-Custody Statements in Utah
Drug Possession in Utah and Miranda Rights Many people have heard Miranda rights been given on TV but few understand what Miranda rights actually mean. In the landmark case of Miranda v. Arizona, the Supreme Court held that a person who has been arrested, for such things as drug possession, must be informed of his rights. Those rights include the…