The right to a trial by jury is one of the the oldest recognized by our federal and state constitutions. This right gives some protection from being at the mercy of a government official, who may have his own biases, prejudices, and even loyalties that are not in the best interests of the defendant who is on trial. Jury selection…
In Utah you can be charged with a crime even if you do not actually carry out the crime for which you are charged. Sounds crazy, and it can be a tough pill to swallow but many people in Utah face just that kind of odd scenario each each year. It’s referred to as the offense of attempt and is…
If you have been charged with a crime in St. George Utah, there are a number of things to expect. If you are charged with a more serious crime such as any felony, you will most likely be arrested and booked into the Washington County Jail. A bail amount will be set...
Last week, KSL ran a story titled “Talking to children about divorce.” The story included several tips we consider to be great for all parents going through a divorce or other family law related matter involving children. Many parents ask us questions related to when and how they should speak with their children about a pending divorce. We have summarized…
If you have been arrested and accused of committing a crime, you will likely be booked into jail and a bail amount will be set by a judge. In setting a bail amount, a judge will take several factors into consideration. Chief amount these factors are your potential risks to the community if you are released and the risk that…
A few days ago, U.S. District Court Judge Clark Waddoups found in favor of the now famous Brown family holding key portions of Utah’s polygamy law unconstitutional. In his ruling, Judge Waddoups held specifically the Utah statute regarding cohabitation was a violation of the first and fourteenth amendments to the U.S. Constitution. The judge stated in part, “The court finds…
Can I Forcefully Defend My Property? The simple answer is yes. Utah, at least on paper, holds property rights in the highest esteem. In this Utah is consistent in upholding the traditional common law rights of life, liberty, and property. How May One Defend Property? Under Utah law, a person may forcefully defend his property if force is necessary to…
The Utah Court of Appeals recently reversed and remanded a trial court’s divorce decree which imputed income to the husband for purposes of determining alimony. In Rayner v. Rayner, 2013 UT App 269, the husband had been unemployed for approximately two years at the time his wife filed for divorce. Although he had been unemployed, the trial judge imputed an income…
What is Lewdness? Lewdness is when a person exposes his genitalia or other privates areas, masturbates, or commits some kind of sexual act in the presence of another knowing that such actions will likely cause affront or alarm to the other person. For example, simply...
A new case was handed down by the Utah Supreme Court last week, Utah v. Machan, which addresses the interesting issue of whether one can burglarize one’s own home. Machan was arrested and escorted out of his home by police officers. He was forced to take up a new residence after his wife got a restraining order against him which prohibited from…
