What is Rule 412? Rule 412 of the Utah Rules of Evidence prohibits the admission of evidence, in criminal cases alleging sexual misconduct, of the victim’s past sexual behavior or predisposition. For example, in a rape case, the defendant cannot introduce evidence that the victim is sexually promiscuous, has had many sexual partners, etc. There are only three exceptions to…
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When Character Evidence is Admissible In Utah Courts
Criminal Cases Often Involve Character Evidence Character evidence can muddy the waters of a trial in ways that can benefit and harm the defendant. Over the centuries of common law, a prohibition against introducing evidence of a person’s character developed so as to avoid influencing juries and judges to find either for or against a defendant merely because of a…
The Party Seeking Alimony has the Burden of Proof at Trial
The Alimony Statute The Utah Alimony Statute, Utah Code § 30-3-5(8), articulates seven factors that a court must consider in making an alimony determination: (i) the financial condition and needs of the recipient spouse; (ii) the recipient’s earning capacity or ability to produce income; (iii) the ability of the payor spouse to provide support; (iv) the length of the marriage;…
Saving Your Driver License With A Drug Conviction
Drug Convictions Lead to a Six Month Loss of Driver License If you get a drug possession conviction, Utah law generally requires that you lose your driver license. One of the most annoying collateral consequences of a drug conviction is the loss of a driver’s license. This is true for the simplest of marijuana possession charges to the most serious…
When does an informant tip justify a police traffic stop?
Fourth Amendment Requirements With Regards to Traffic Stops Whether an informant tip is sufficient to give law enforcement reasonable suspicion to make a traffic stop is determined by three factors. The Fourth Amendment’s prohibition of “unreasonable searches and seizures” extends to temporary detentions, such as traffic stops. See U.S. Const. amend. IV; Brendlin v. California, 551 U.S. 249, 255 (2007).…
What is Criminal Nonsupport?
How Violating a Child Support Order Becomes Criminal Nonsupport Criminal nonsupport is a crime brought against individuals who do not comply with their duty to provide for their children. Every parent has the moral (and legal) obligation to provide for the support and maintenance of their children. In every divorce involving children the court is primarily concerned with ensuring that…
What Are the Exceptions to the Exclusionary Rule
What is the Exclusionary Rule? The exclusionary rule keeps out illegally obtained evidence. There are three exceptions to the exclusionary rule. The exclusionary rule, in simple terms, allows courts to rule that a piece of evidence is inadmissible if it was obtained through illegal means by law enforcement, typically through an illegal search. If the evidence is important enough and…
Our Vanishing Rights
In an opinion released early this week the Supreme Court of the United States has yet again ruled against protecting individuals rights and has given law enforcement even more power to harass and torment the masses. The case referred to is Heien v. North Carolina, and the summary of the case is as follows: “The Court affirmed the decision of…
Christian v. Christian – Imputation of Income Analysis
What Is Imputation of Income? The Utah Court of Appeals decided Christian v. Christian and once again addressed the proper analysis for determining an imputation of income. In that case the wife argued on appeal that the trial court had improperly imputed to her income and asked the court to reverse the trial court’s decision. Although the court did not…
Rule Now Requires Probable Cause Statement in 24 Hours
Rule 7 Sets Forth What Must Happen in the Event of an Arrest Rule 7 of the Utah Rules of Criminal Procedure governs what law enforcement must do if they make an arrest without a warrant. That rule was recently changed for the benefit of criminal defendants. One of the important changes made is that a written probable cause statement must…