Criminal Defense

Utah has the toughest DUI law in the United States with a .05 limit

By Greg Smith posted in DUI on Monday, May 15, 2017 It's official: Utah now has the toughest DUI law…

7 years ago

Should You Represent Yourself On A Criminal Matter?

https://youtu.be/W_8Hbqdsw1EBy Greg Smith posted in Criminal Defense on Friday, June 17, 2016"Watch and listen whether it's a good idea to…

8 years ago

Are Most Cops Honest, and Can They Legally Lie?

By Greg Smith posted in Criminal Defense on Thursday, March 17, 2016 I often get asked the question: "Are most…

8 years ago

Criminal Intent – The Necessary Mental State Known As MENS REA

In Utah, jurors cannot assume that just because you did something, you did it with criminal intent. In other words,…

8 years ago

Thank God for Proof Beyond a Reasonable Doubt!

Could you imagine if the Judge instructed your jury that they could merely flip a coin to determine whether you…

8 years ago

What Happens When a Person is Accused of a Felony?

We are constantly being asked about the criminal process. So, this blog will briefly review what happens when a person…

9 years ago

Factors for challenging a photo lineup that is overly suggestive

In June of 2015, the Tenth Circuit addressed photo-lineups again. They said that determining whether a photo lineup is overly…

9 years ago

Utah Court: Defendant Prejudiced by Jury Instruction

A Utah appeals court recently overturned the theft conviction of the Utah man, citing an erroneous jury instruction. The defendant…

10 years ago

Zoo comparison did not violate a defendant’s rights

Prosecutors have a wide latitude in making closing arguments. Although name calling is not an admirable or officially condoned style…

10 years ago

Court: ‘Red Herring’ comments did not violate a Utah defendant’s rights

A Utah appeals court recently ruled that a prosecutor's characterization of a defense counsel's argument as a "red herring" did…

10 years ago