Notice Requirements Have Changed for Commissioner Hearings Rule 101 of the Utah Rules of Civil Procedure has changed to give more time for hearings on motions before a court commissioner. The rules have changed for motion practice before court commissioners, specifically Rule 101 of the Utah Rules of Civil Procedure. One of the important changes is the previously short time…
An Administrative Checkpoint Must Conform to Statutory Requirements An administrative checkpoint must be obtained and implemented legally. An administrative checkpoint is a court order which allows law enforcement to stop vehicle traffic for specified purposes, always with an aim to find drivers and others who are breaking the law. In determining whether an administrative checkpoint is constitutional, the Court must…
Consensual Sex Is Defined by Utah Statute Whether sex is consensual has been the topic of many a court case. One party stating it was not consensual sex, the other party having the opposite perception. The issue of consensual sex has come up over the years so much in...
Criminal Pretrial Protective Order and Domestic Violence When a defendant in a domestic violence case goes to court, the judge can enter a criminal pretrial protective order against him. You may have heard of a civil protective order, which permits an individual who has been the victim of violence or threats of violence by a cohabitant to restrain the aggressor…
Does a Judge Have Unfettered Discretion in Imposing a Criminal Sentence? A judge does not have unlimited discretion in issuing a criminal sentence to a convicted felon. When a criminal defendant has either plead guilty to a charge or been found guilty by a jury, the next step in the court proceedings is called “sentencing.” This is the punishment phase.…
Rule 1102 Allows Reliable Hearsay At Preliminary Hearings At a preliminary hearing the Utah Rules of Evidence allow for the admission of “reliable hearsay,” and further provides a definition of “reliable hearsay.” Part of that definition includes “a statement made by a child victim of physical abuse or a sexual offense which is promptly reported by the child victim and…
State v. Poole – Restitution is Statutory When damages are caused during the commission of a crime the law can order the defendant to pay restitution to the victims. Utah law allows for victims of crimes to receive restitution, that is, compensation for their pecuniary loss. In State v. Poole, the Utah Court of Appeals addressed the issue of when a…
Binding Over a Case at Preliminary Hearing is Easy The Utah Supreme Court recently reiterated how easy it is for the state to get a bind over order at a preliminary hearing. The preliminary hearing is a “probable cause” hearing that requires the state to put on evidence that would permit the judge to bind over the case for trial,…
Driving Under the Influence or DUI is one of the most complicated areas of Utah Criminal Code. There are multiple offenses and multiple elements for each offense making for a confusing statutory system and that doesn’t even include all the statutes that are specific...
Utah has Moved to More Liberal Parent Time This year the Utah Legislature has moved toward a more liberal minimum parent time. This is a huge victory for noncustodial parents. What is the change? Previously in Utah, the minimum joint physical custody statutory parent time gave the noncustodial parent 111 nights. The Utah State Legislature has increased that amount from…
