The United States Supreme Court has recognized that when law enforcement officers obtain evidence through illegal means, it is the court’s duty to suppress that evidence in order to deter the illegality. Nix v. Williams, 467 U.S. 431 (1984). When such evidence is suppressed, it prevents the prosecutor from making further use of that evidence in the state’s case against…
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Utah Uniform Fine and Bail Schedule | Salt Lake City Criminal Defense Lawyer
The Utah Uniform Fine and Bail Schedule is a guide to help judges determine the appropriate fines and bail amounts to be set in any particular case. It sets standards so there are less disparities between judges sentences from one court to the next. The guide is published each year by the administrative office of the courts. It is very…
Assault Against School Employees | Utah Defense Attorney
Specific Groups are Protected by Utah Law Utah law usually describes criminal offenses as applying broadly to all people. There are some Utah laws, however, that protect special groups of people because Utah state legislators feel these people deserve special protection. One such group receiving special protection are school employees. The Utah criminal code contains special provisions regarding crimes and…
Utah Statute of Limitations Tolled if Criminal Defendant is Out of State
Criminal Statute of Limitations Utah Code 76-1-304 sets forth how the statute of limitations is tolled if the a criminal defendant is out of state during the limitations period: “[T]he period of limitation does not run against any defendant during any period of time in which the defendant is out of the state following the commission of an offense.” State v.…
Furnishing Alcohol to a Minor in Utah
Unlawful Sale to Minor Adults can’t party with minors. (That’s not really a revelation is it?) What’s interesting is that in spite of this common sense rule there are a lot of adults who drink with minors. This can range from college students who are 21 years old or older partying with college kids who are younger than 21, to…
Waiver of Constitutional Rights When Entering A Utah Criminal Plea
Criminal Defendants’ Constitutional Rights Anyone who is charged with a crime in Utah has very specific constitutional rights that apply to each criminal defendant throughout the entire proceeding. Those rights include: You have the right to be represented by an attorney. The court will appoint an attorney at no cost to you if: a) you cannot afford an attorney; and…
Exceptions to the Fourth Amendment Warrant Requirement
Generally speaking, the fourth amendment to the constitution protects us all from unreasonable searches and seizures and requires law enforcement to obtain warrants based on probable cause and issued by a judge. The baseline rule is that police officers must have a warrant to search your home. We speak with many clients every week who describe a particular set of…
Utah Wrongful Appropriation Attorney | Salt Lake Defense
A Utah Wrongful Appropriation Attorney at Salcido Law Firm can take your defense when you have been accused of a theft related crime in Salt Lake City, Provo, Ogden, or St. George. A Wrongful Appropriation charge may result if you have been accused of temporarily taking someone else’s property without their consent. You may also be charged with this crime…