Defendants cannot be convicted of both a lesser included offense and the greater crime. A lesser included offense is a term used in criminal law for a crime that’s contained within a more serious crime. You can’t commit the primary or greater offense without having also committed the lesser. In order to determine if one crime should be included within…
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Getting Bail in Utah After an Arrest and Being Taken to Jail
Getting Bail In Utah What it takes to get bail in Utah In Utah, the Uniform Bail Schedule Committee was formed to help judges responsible for determining a person’s bail. It encourages them to consider mitigating as well as aggravating circumstances when determining bail. Any serious injuries involving people or property, history of criminal conduct, hate crime as well as…
Assault Against School Employee Charges Require Knowledge
Defending Assault Against School Employee Charges Assault against school employee charges requires that the defendant had knowledge of who he assaults. This was a case of a junior high school student’s (W.E.M.) appeal for assault against school employee, a class A misdemeanor if committed by an adult. W.E.M. and his friends came up with a horseplay type of game, in…
What is Search and Seizure in Utah?
Recent Search and Seizure Law Recent search and seizure law from the Utah Supreme Court. On an evening in December, Mr. Anderson was sitting in his parked car on the side of a rural highway with his hazard lights on. Two sheriff’s deputies pulled over to check on the welfare of any people in the vehicle, considering the hazard lights,…
Dillon Taylor Shooting Video
Below is the Dillon Taylor Shooting Video captured from the officer’s body cam responsible for shooting and killing Dillon Taylor in Salt Lake City Utah. Dillon Taylor was unarmed but the officer described facts concerning why he believed he was justified in using his weapon. District Attorney Sim Gill’s office reviewed the case and have determined the shooting was justified. You…
Charged with a Crime in Utah? 8 Justification Defenses
A justification defense refers to a principle in the law where, although a defendant committed a certain criminal act, he/she should not be punished because the circumstances justify the action. Generally speaking they are 8 common justification defenses that may absolve someone of criminal activity. These 8 defenses are summarized below: Self Defense – A person may defend themselves and…
Guilty Pleas and Plea Bargaining
Before you enter a guilty plea and/or accept a plea bargain, there are a few things you should be aware of. First, if you do not have a Salt Lake Criminal Defense Attorney representing you in the matter, you should seek one out at least to discuss the terms of your potential plea bargain. This can help you avoid pit…
Deadly Force and Self Defense
Anyone charged with a crime in Utah should be aware of all possible defenses to their charges. Unfortunately, some individuals faced with criminal charges never fully disclose relevant facts to their attorney and therefore all their possible defenses in a case are never explored. This is often the case when self defense might apply. The purpose of this post is…
The Leon Exception to the Exclusionary Rule
The Fourth Amendment to the United States Constitution prohibits unlawful searches and seizures. The Constitution does not set forth any remedy if law enforcement violates this important right so courts have developed what is called the “exclusionary rule” to help deter police from conducting unlawful searches and seizures. This rule allows the judge to suppress any evidence obtained from an…
Unlawful Detention in Utah
It’s Not Kidnapping You know that Utah prohibits kidnapping like all states but Utah also has a law against unlawfully detaining someone. The crime of “unlawful detention” has several elements: the actor (also known as the defendant or the suspect); intentionally or knowingly; without authority of law; against the will of the victim; detains or restrains the victim; under circumstances…