criminal law

Is it Illegal to Record a Conversation in Utah?

We often get asked if it is okay to record a conversation in Utah. The answer is more complicated that…

5 years ago

Computer crimes accessing digital information carry more severe penalties

Assume Betty works for a company in Utah, and she gets fired. Weeks later Betty, who is angry at her…

9 years ago

An altercation in a doorway becomes first degree felony burglary assault

Imagine this scenario: Marcy, the wife of a landlord, calls up Tony, one of their tenants, to remind Tony his…

9 years ago

SCOTUS ruling could weaken Fourth Amendment protections

Certain Constitutional rights are cited frequently in public discussion, including the First Amendment right to free speech and the Second…

10 years ago

Why criminal justice reform is a smart investment for Americans

Many Americans don’t realize it, but the United States locks up more of its own citizens than any other country.…

10 years ago

Proving Ineffective Assistance of Counsel in Utah

All Utah defendants are guaranteed the right to effective assistance of counsel under the U.S. Constitution's Sixth Amendment. It is…

10 years ago

When is a Utah criminal sentence excessive?

It is somewhat uncommon for a criminal defendant in Utah to receive the maximum sentence for a crime. Many crimes…

10 years ago

Mandatory Presumptions vs. Permissive Inferences

A jury instruction can violate a defendant's due process rights when it receives prosecutors of their obligation to prove every…

10 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

Utah man’s conviction vacated on competency grounds

Establishing a defendant's competency to stand trial is one of the foundational elements of a valid criminal conviction. It is…

10 years ago