Utah Criminal Defense

Criminal Defense Glossary

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Utah Criminal Defense Legal Glossary

Welcome to the Utah Criminal Defense Legal Glossary. This glossary defines key legal terms used in Utah criminal law, including DUI, domestic violence, and drug offenses. Use “Control F” to search for specific terms.


Abuse

  • Definition: Physical harm to the body, including nonaccidental harm, threatened harm, sexual exploitation, and human trafficking.
  • Related Legal Code: Utah Code Ann. § 76-5-109.
  • Keywords: Utah child abuse laws, physical abuse Utah

Actus Reus | Criminal Glossary

  • Definition: The physical act of committing a crime. Combined with mens rea (criminal intent) to establish criminal liability.
  • Keywords: actus reus Utah, criminal act definition

Mens Rea in Utah | Criminal Glossary

  • Definition: Criminal intent, required for conviction. Utah law defines four types of mens rea: intentional, knowing, reckless, and negligent.
  • Related Legal Code: Utah Code Ann. § 76-2-103.
  • Keywords: mens rea definition, Utah criminal intent law

Accessory | Criminal Glossary

  • Definition: Assisting in the commission of a crime, either before or after the fact.
  • Keywords: accessory to crime Utah, criminal accomplice law

Acquittal 

  • Definition: A legal judgment where the defendant is found not guilty.
  • Related Legal Code:  Utah Code  76-2-202.
  • Keywords: acquittal Utah, not guilty verdict

Actual Physical Control (DUI)

  • Definition: A legal term used in Utah DUI law to determine if someone was in control of a vehicle while intoxicated, even if not driving.
  • Related Legal Code: Utah Code Ann. § 41-6a-501.
  • Keywords: actual physical control DUI Utah, DUI charges Utah

Admissible Evidence

  • Definition: Evidence that is legally valid and accepted in court.
  • Keywords: admissible evidence Utah, courtroom evidence

Affirmative Defense | Criminal Glossary

  • Definition: A defense where the defendant presents evidence that negates criminal liability, such as self-defense or duress.
  • Keywords: affirmative defense Utah, self-defense law Utah

Aggravated Assault

  • Definition: Assault with a deadly weapon or strangulation, considered a third-degree felony in Utah.
  • Related Legal Code: Utah Code Ann. § 76-5-103.
  • Keywords: aggravated assault Utah, felony assault charges


Alibi | Criminal Glossary

  • Definition: Evidence that the defendant was elsewhere at the time of the crime.
  • Related Legal Code: Utah Code Ann. § 77-14-2.
  • Keywords: alibi defense Utah, criminal defense strategies

Arson

  • Definition: The intentional or reckless starting of a fire.
  • Related Legal Code: Utah Code Ann. § 76-1-10.
  • Keywords: arson charges Utah, fire-related crimes

Appeal

  • Definition: A legal process where a decision from a lower court is reviewed by a higher court.
  • Keywords: criminal appeal Utah, appeal process

Bail

  • Definition: A monetary or property guarantee that allows a defendant to be released from jail while awaiting trial.
  • Related Legal Code: Utah Code Ann. § 77-20-1.
  • Keywords: bail bond Utah, Utah bail process


Beyond a Reasonable Doubt

  • Definition: The standard of proof required for criminal convictions. The jury must be “firmly convinced” of the defendant’s guilt.
  • Keywords: reasonable doubt Utah, criminal law standards

Blood Alcohol Concentration (BAC) | Criminal Glossary

  • Definition: The percentage of alcohol in a person’s blood, used to determine intoxication levels in DUI cases.
  • Keywords: BAC Utah, DUI alcohol limit Utah

Bench Warrant

  • Definition: A court order directing law enforcement to arrest a person who has failed to appear in court.
  • Keywords: bench warrant Utah, arrest warrant

Careless Driving

  • Definition: Driving without proper care, considered a Class C misdemeanor in Utah.
  • Related Legal Code: Utah Code Ann. § 41-6a-528.
  • Keywords: careless driving charge Utah, traffic law violations


Controlled Substances

  • Definition: Drugs and other substances regulated by state and federal law, including both illegal and prescription medications.
  • Keywords: controlled substances Utah, drug laws Utah

Criminal Arraignment

  • Definition: The formal court hearing where charges are read, and the defendant enters a plea.
  • Keywords: criminal arraignment Utah, court hearing process

Capital Offense | Criminal Glossary

  • Definition: A crime punishable by death or life imprisonment without parole.
  • Keywords: capital offense Utah, death penalty crimes

Concurrent Sentencing

  • Definition: Serving two or more sentences simultaneously.
  • Keywords: concurrent sentencing Utah, criminal sentencing law

Consecutive Sentencing

  • Definition: Serving two or more sentences consecutively, one after the other.
  • Keywords: consecutive sentencing Utah, criminal law sentencing

Criminal Record

  • Definition: A formal record of a person’s criminal history, including arrests, charges, and convictions.
  • Keywords: criminal record Utah, expungement Utah


Discovery | Criminal Glossary

  • Definition: Governed by Rule 16 of the Utah Rules of Criminal Procedure.
  • Keywords:  Body camera footage, 911 call, dash cam footage, police report and witness statements.

Double Jeopardy | Criminal Glossary

  • Definition: Where you can’t be tried for the same offense twice.
  • Keywords:  Tried twice.  Jury seated.  Opening statements.  Triggering of Double Jeopardy.


Expungement

  • Definition: The process of sealing a criminal record from public access.
  • Keywords: expungement Utah, clear criminal record


Field Sobriety Test (FST)

  • Definition: Roadside tests used by law enforcement to assess if a driver is impaired by alcohol or drugs.
  • Keywords: field sobriety test Utah, DUI field tests Utah

Hunting Crimes

  • Definition: Defined by the Utah Wildlife Resources Act, 23A.  Defines poaching, DNR crimes and no license crimianl acts.
  • Keywords:  DNR, wildlife crimes, poaching, hunting crimes.


Interlock Device (DUI)

  • Definition: Interlock is required for all alchol related DUI convictions.  It is a device that you blow into to get the car started. You must not have alcohol on your breath or it will not start.
  • Keywords: DLD interlock. 18 months first offense, Court ordered interlock, DLD ordered interlock.


Miranda Rights | Criminal Glossary

  • Definition: The constitutional rights read to a person during an arrest, including the right to remain silent and the right to an attorney.
  • Keywords: Miranda rights Utah, legal rights during arrest

Probable Cause

  • Definition: The reasonable belief that a crime has been committed, allowing law enforcement to make an arrest or obtain a search warrant.
  • Keywords: probable cause Utah, criminal investigation standards

Plea in Abeyance

  • Definition: A legal agreement where the defendant pleads guilty, but the conviction is deferred pending completion of court conditions.
  • Related Legal Code: Utah Code Ann. § 77-2-7.
  • Keywords: plea in abeyance Utah, deferred sentence Utah

Probation

  • Definition: A period of court-ordered supervision instead of jail time, following a conviction.
  • Keywords: probation law Utah, court-ordered supervision Utah


Promise to Appear

  • Definition: A written promise by a defendant to appear in court at a later date, used in place of bail in lower-level offenses.
  • Keywords: promise to appear Utah, bail alternatives Utah

Prior Convictions

  • Definition: Past criminal convictions, which can be used during sentencing and sometimes during trial. Even expunged convictions may still impact a case.
  • Keywords: prior convictions Utah, sentence enhancements Utah

Pleas

  • Definition: In juvenile courts, defendants may enter denials, admissions, or pleas of no contest. In adult criminal court, pleas include guilty, not guilty, no contest, and guilty but mentally ill.
  • Keywords: criminal pleas Utah, no contest plea Utah

Petitions

  • Definition: Formal allegations in juvenile court for delinquency or child welfare matters. In adult courts, charges are brought by information or citation.
  • Keywords: petitions in court Utah, juvenile court petitions

Point System for Driver’s License in Utah

  • Definition: A system assigning points to various traffic offenses. Accumulating too many points can lead to suspension of driving privileges.
  • Keywords: driver’s license points Utah, Utah traffic violations

Retail Theft / Shoplifting

  • Definition: The theft of goods from a retail establishment. Often classified as a Class B misdemeanor if the stolen merchandise is valued under $500.
  • Keywords: retail theft Utah, shoplifting charges Utah


Restricted Person (No Dangerous Weapons)

  • Definition: 76-10-503 defines what a category I and II restricted person is.  Basically they can’t possess dangerous weapons, knives, guns, etc.
  • Keywords: Domestic violence convictions, felony convictions, restricted persons.


Sitting DUI

  • Definition: A DUI charge applied when an intoxicated person is found sitting in a vehicle but not driving. Often involves the concept of Actual Physical Control.
  • Keywords: sitting DUI Utah, DUI without driving

Sentence Bargain

  • Definition: An agreement between the defense and prosecution where a specific sentence is agreed upon in exchange for a guilty plea.
  • Keywords: sentence bargaining Utah, plea agreements Utah

 


Trespassing

  • Definition: After being told to leave an establishment or private property and you don’t.  Or trespassing across “No Trespassing” signs.
  • Keywords:  76-6-206.  Criminal trespass.


Utah Criminal Code

  • Definition: The majority of Utah’s criminal laws are found in Title 76 and 77 of the Utah Code. These cover everything from minor offenses to capital crimes.
  • Keywords: Utah criminal code, Utah statutes

Reckless Driving

  • Definition: Driving with willful disregard for the safety of others, such as speeding excessively or failing to signal.
  • Related Legal Code: Utah Code Ann. § 41-6a-528.
  • Keywords: reckless driving Utah, traffic violations Utah.


Utah Wildlife Resources Act

  • Definition: The principal act governing poaching, fishing, hunting, and big game violations. Some violations under this act can result in Class B misdemeanors or felonies.
  • Keywords: wildlife violations Utah, poaching laws Utah

Field Sobriety Testing (FST)

  • Definition: A set of standardized tests used by police during DUI investigations to determine a driver’s level of impairment. Tests include Horizontal Gaze Nystagmus (HGN), One Leg Stand (OLS), and Walk and Turn (WAT).
  • Keywords: field sobriety test Utah, DUI tests Utah

Implied Consent Law

  • Definition: Under Utah’s Implied Consent Law, drivers automatically agree to submit to chemical testing (blood, breath, or urine) when suspected of DUI. Refusal can result in penalties, including license suspension.
  • Keywords: implied consent Utah, DUI refusal penalties Utah

Per Se DUI Arrest

  • Definition: A DUI charge based on having a BAC of 0.05% or higher, regardless of other factors.
  • Keywords: per se DUI Utah, BAC limits Utah

Preliminary Breath Test (PBT)

  • Definition: A roadside breath test given by police during DUI stops to estimate BAC levels. PBT results are generally not admissible in court.
  • Keywords: PBT Utah, DUI breath test Utah

Preliminary Hearing

  • The midoint in the case.  It is a mini trial where the government has to prove their case by probable cause.  Hearsay is allowed and it is a weeder mechanism for bad cases to be dismissed.  All inferences are taken in favor of the government.

Reasonable Suspicion

  • Definition: A legal standard allowing police to stop and briefly detain a person based on specific and articulable facts that suggest criminal activity.
  • Keywords: reasonable suspicion Utah, police stops Utah

Secured Care

  • Definition: A facility where juvenile offenders are placed under supervision after being ordered there by a Utah Juvenile Court Judge.
  • Keywords: secured care facility Utah, juvenile justice Utah

Habeas Corpus

  • Definition: A legal action where an individual can challenge their unlawful detention or imprisonment.
  • Keywords: habeas corpus Utah, unlawful detention appeal

Hearsay

  • Definition: Testimony about a statement made out of court, offered to prove the truth of the matter asserted. Hearsay is generally inadmissible, but there are many exceptions under Utah law.
  • Keywords: hearsay rule Utah, evidence law Utah

Jurisdiction

  • Definition: The authority of a court to hear and rule on legal matters. In Utah, Justice Courts handle misdemeanors, while District Courts handle more serious offenses.
  • Keywords: court jurisdiction Utah, criminal court Utah

Lewdness

  • Definition: The illegal act of displaying one’s body parts in an indecent manner. This offense can involve children or adults and is a sexually registrable offense when involving minors.
  • Related Legal Code: Utah Code Ann. § 76-9-702.
  • Keywords: lewdness charges Utah, indecent exposure Utah

Miranda Rights

  • Definition: Rights that must be read to a suspect during an arrest, including the right to remain silent and the right to an attorney. These rights are both federally and constitutionally recognized in Utah.
  • Keywords: Miranda rights Utah, right to remain silent

Negligent Homicide

  • Definition: A criminal offense where someone causes the death of another person due to carelessness or recklessness.
  • Keywords: negligent homicide Utah, reckless killing Utah

Nolo Contendere (No Contest Plea)

  • Definition: A plea in which the defendant does not admit guilt but accepts conviction. It cannot be used as evidence of liability in subsequent civil cases.
  • Keywords: no contest plea Utah, criminal plea Utah

Post-Conviction Relief

  • Definition: Legal options available to a defendant after conviction, such as appealing for a reduction in sentence or seeking a new trial.
  • Keywords: post-conviction relief Utah, appeal process Utah

Probable Cause

  • Definition: Reasonable grounds for believing that a crime has been committed, required for an arrest or search warrant.  Used by police to arrest you for a crime.
  • Keywords: probable cause law Utah, arrest warrants Utah

Preponderance of the Evidence

  • Definition: A standard of proof in civil cases that requires the evidence to be more convincing than the opposing evidence.  Used occasionally in Utah criminal cases.
  • Keywords: preponderance of evidence Utah, civil case proof

Procedural Due Process

  • Definition: Legal rights that ensure fair procedures when the government seeks to deprive a person of life, liberty, or property.
  • Keywords: procedural due process Utah, legal rights Utah

Reductions 402

  • Definition: A reduction in the severity of criminal charges, often negotiated as part of a plea bargain. For example, a Class B misdemeanor can be reduced to a Class C misdemeanor.
  • Keywords: criminal charge reduction Utah, plea bargains Utah


Rape

  • Definition: The unlawful and non-consensual sexual penetration, typically involving force or coercion. Considered a first-degree felony in Utah.
  • Keywords: rape charges Utah, sexual assault Utah

Spousal Abuse (domestic violence)

  • Definition: A form of domestic violence involving physical, mental, or financial abuse directed at a spouse or partner.
  • Keywords: spousal abuse Utah, domestic violence charges Utah

Theft by Deception

  • Definition: The act of obtaining property through lies or deception, such as price tag switching.
  • Keywords: theft by deception Utah, property crime Utah

The Youth Parole Authority

  • Definition: The agency responsible for overseeing the parole of juveniles in secure care facilities in Utah.
  • Keywords: youth parole authority Utah, juvenile parole Utah

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