We often get asked if it is okay to record a conversation in Utah. The answer is more complicated that you may think. For example, if you are on the phone in Utah, but the person you’re speaking to is in California, you will need to know California law, too. First, you need to look …
Often people call us and ask the following: can I be forced to testify against my spouse? Normally, if you do NOT want to testify against your spouse, it is a very good idea to call any criminal defense attorney (because they are familiar with this area of law), who can alert the Court of …
The US Supreme Court rules that evidence seized during an illegal stop is still admissible if there was a prior warrant out for arrest! Question: If the cops illegally stop and question a person, but then during that process the cops find out the person has a warrant, should the cops be allowed to search …
Illegally Seized Evidence May Still Be Admissible Read More »
By Greg Smith posted in Criminal Defense on Tuesday, August 22, 2017 For centuries, it was noble to be a midwife (help mothers give birth out of a hospital). Today, you can go to jail for being one. Licensing midwives is now the national trend. In fact, a midwife was recently sentenced to six months …
By Greg Smith posted in Criminal Defense on Friday, August 11, 2017 Most people who get their first speeding ticket don’t know what their options are, and unfortunately in Utah, you cannot simply “get rid of a ticket” by paying some small sum; further, in Utah traffic matters are often infractions or crimes. More often …
https://youtu.be/W_8Hbqdsw1E By Greg Smith posted in Criminal Defense on Friday, June 17, 2016 “Watch and listen whether it’s a good idea to represent yourself on a criminal matter. Beware of things such as upsetting the prosecutor and being charged with witness tampering. Remember, the legal system is often not intuitive. If something is simple, you …
Should You Represent Yourself On A Criminal Matter? Read More »
By Greg Smith posted in Criminal Defense on Thursday, March 17, 2016 I often get asked the question: “Are most Utah cops honest?” My short answer is yes, but let me qualify that. They can also use trickery and deceit, but there are limits. For example, they cannot lie under oath at court. Just like …
In Utah, jurors cannot assume that just because you did something, you did it with criminal intent. In other words, let’s assume you raise your arms to yawn, and hit somebody in the nose while doing it, and then, that person’s nose starts to be bleed. Is this an automatic assault? Well, any Kindergartener knows …
Criminal Intent – The Necessary Mental State Known As MENS REA Read More »
Could you imagine if the Judge instructed your jury that they could merely flip a coin to determine whether you were guilty of innocent? Sadly, some trials have been determined that way, and many of my clients feel that’s sort of how “bench trials” go (when a judge, not a jury hears the case). We …
We are constantly being asked about the criminal process. So, this blog will briefly review what happens when a person is accused of a felony – starting from the arrest. 1. Arrest and Booking After the police have gathered their evidence (which is not always thoroughly done), often the accused person is arrested, taken to …
What Happens When a Person is Accused of a Felony? Read More »