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.
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.
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.
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
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.
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.
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.
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
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.
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.
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.
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
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
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
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
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.