Police Initiated Charges Without Prosecutorial Involvement Does Not Implicate Claim Preclusion In order for criminal claim preclusion to apply, the charges must be brought by a prosecutor rather than just a police citation. In November of 2011, Ririe was pulled over on a police officer’s suspicion of drunk driving. The officer saw an open beer can in the car and…
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Procedural Motions
What is a Motion to Sever?
Statutory Authority to Sever Criminal Counts Utah Code § 77-8a-1(1) provides a procedure to sever criminal counts from others: Two or more felonies, misdemeanors, or both, may be charged in the same indictment or information if each offense is a separate count and if the offenses charged are: (a) Based on the same conduct or are otherwise connected together in…