February 14, 2025
Understanding the Utah Criminal Court Process Many Utah criminal defendants in Utah often ask: “How long is this going to take?” “Why do I have to keep going to court without any progress?” “Why isn’t the prosecutor responding?” “This process feels so unfair!” If you’ve been charged with a crime in Utah, you’re likely frustrated… Read more »
February 06, 2025
Understanding the Right to an Impartial Jury in Utah u In Utah and across the United States, the right to an impartial jury is a fundamental aspect of the criminal justice system. Both the U.S. Constitution (Sixth Amendment) and Article I, Section 12 of the Utah Constitution guarantee that an accused person will be tried… Read more »
January 23, 2025
“The fundamental purpose served by the preliminary examination is the ferreting out of groundless and improvident prosecutions.” State v. Anderson, 612 P.2d 778, 783 (Utah 1980) Utah’s Constitution requires preliminary exams to be conducted on Class A and Felony charges. They are an important and critical point in any serious criminal charge. Call/TXT Utah… Read more »
January 20, 2025
Reckless driving in Utah is classified as criminal speeding and is a Class B misdemeanor. If convicted, penalties can include: Up to 6 months in county jail (prison time not possible). Fines ranging from $690 (bail schedule) to a maximum of $1,500. Reckless driving convictions can have far-reaching consequences beyond fines and jail time. They… Read more »
January 20, 2025
Interlocks are required for alcohol related driving under the influences convictions. Utah law does not require the installation of an interlock devices when the underlying conviction does not involve alcohol. Utah Code 41-6a-518(2)(e) states: This section does not apply to a person convicted of a violation of Section 41-6a-502 whose violation does not involve alcohol…. Read more »
January 20, 2025
Understanding the distinction between expert and lay testimony is vital for anyone involved in a criminal case in Utah. Whether you are the defendant, a lawyer, or a concerned party, knowing how these forms of testimony influence a case can make all the difference. This guide delves into the critical differences, the roles of expert… Read more »
January 07, 2025
CALL/TXT UTAH CRIMINAL DEFENSE ATTORNEY JAKE GUNTER (801) 373-6345 When dealing with criminal domestic violence charges in Utah, a related civil protective order often comes into play. Understanding the nuances of these legal mechanisms, their overlaps, and their implications is crucial for a successful defense. Overview of Civil Protective Orders and Criminal Charges in Utah… Read more »
December 23, 2024
Admitting text messages into evidence during a trial in Utah hinges on establishing proper legal foundation and adherence to Utah Rules of Evidence. If you’re seeking to admit critical or controversial text messages, here’s an overview of the steps and considerations necessary to ensure they are allowed into evidence. Can You Admit Text Messages? Short… Read more »
December 03, 2024
DUI with Minor Passengers in Utah Driving under the influence (DUI) is a severe offense, but the presence of minor passengers significantly escalates the legal consequences in Utah. The state’s strict DUI laws aim to protect minors and impose harsher penalties on offenders. Here’s what you need to know if you’re charged with a DUI… Read more »
November 27, 2024
What is Plea Bargaining? Plea bargaining is a fundamental aspect of Utah’s criminal justice system, operating across justice courts, juvenile courts, and district courts. It allows defendants to plead guilty to reduced charges or receive lighter penalties in exchange for avoiding a full trial. This mutually beneficial arrangement ensures: Prosecution Success: Secures convictions without the… Read more »