Plea of guilty with a mental condition The Utah Legislature has created the plea of guilty with a mental condition because it has determined that in certain instances, application of the law should be more lenient. Specifically, the Legislature has determined that there are individuals with certain mental illnesses who should be treated differently when they break the law than…
We Fight for All Three
Uncategorized
When Can Evidence of Past Sexual Misconduct Be Admitted?
Past Sex Crimes May Be Admitted Against A Criminal Defendant When a criminal defendant is facing allegations of rape, sexual assault, or other sexual crimes, the prosecutor and his investigators will do everything they can to find out if the defendant has any past convictions or even allegations of other sexual misconduct. This information very often times comes from ex-spouses or former…
What is a Justification Hearing in a Utah Criminal Case?
Acting in self defense? Request a justification hearing. A Justification Hearing May Get Criminal Charges Dismissed In Utah, a criminal defendant who has been charged with a violent crime may be able to prove that his use of force was justified by requesting and prevailing in a justification hearing. The justified use of force is codified in Utah Code 76-2-401…
When you enter a plea, you waive certain constitutional rights.
What is a Plea? A plea in a criminal case is when the prosecutor makes an offer to a criminal defendant to plead guilty or no contest to a crime, usually a lesser offense, in order to persuade the defendant to avoid going to trial. When a defendant enters into a plea agreement with the State, the defendant gives up…
When Can A Minor Be Charged As An Adult in Utah?
Sometimes a minor can be charged as an adult in Utah. A Minor Can Be Criminally Charged As An Adult The Utah Juvenile Justice System promotes keeping minors in the juvenile court system even up to the age of 25 in some cases. This is because statistically minors who are able to successfully complete the services provided through the juvenile…
Utah Hunters Beware: Know the Rules – Follow the Rules
The Utah Wildlife Board makes the rules for hunting and fishing. Every Hunter in Utah is Subject to the Rules Utah is a great place to hunt and for the most part has a system set up that allows sportsmen enough game to pursue while at the same time protecting game for future generations of hunters. The State of Utah…
Recent Changes to Utah’s Right to Bail Statute
Who has a Right to Bail in Utah? The Utah Legislature has passed a new statute addressing criminal defendants’ right to bail. One of the most important changes addresses who has a right to bail and who does not. Those who do not have a right to bail include the following: Capital crimes – Individuals charged with capital felonies (i.e.,…
Can Utah Police Stop Me For Objects On My Windshield?
The Law Regarding Windshield Objects is Very Specific If you are thinking of placing a GPS unit in your car by affixing it to the windshield, think again, as this is likely to make you vulnerable to being pulled over and issued a citation. Police don’t care so much about a violation of that minor traffic offense as they do…
What Custody Factors Does A Utah Court Consider?
Are there Custody Factors A Court Must Consider? Yes. A court is granted the sole authority for determining whether joint physical custody would be in the best interests of a child, but it is not solely at a court’s discretion. Instead, the court must carefully consider a number of statutorily prescribed custody factors to determine whether joint physical custody would…
What is the Gang Enhancement in Utah Criminal Cases?
The Gang Enhancement Can Apply to Even Non-Gang Members In an effort to stymie the increase in gang related crimes the Utah Legislature added an additional penalty known as the “gang enhancement” – which increases any charge by one full degree – to crimes committed by gang members…or at least that was the intention. In reality, the statute as written…