Category: Criminal Defense
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Criminal Defense Requires Strategy, Not Just Presence
In criminal courtrooms across the country, and certainly here in Utah, it’s not uncommon to see attorneys standing beside their clients with little more than a file and a few…
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Utah Courts Introduce Jury Instruction for Alcohol-Restricted Drivers
Utah has released a new model jury instruction aimed at helping jurors decide cases involving alcohol-restricted drivers. The instruction, labeled CR1013, is already approved for use.
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Why Pretrial Litigation Matters: Shaping the Battlespace
Most criminal cases don’t end in a trial. They’re resolved through plea deals that reflect the strength and weaknesses of the case for each party – defense and prosecution. But…
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Geopolitics and Criminal Defense: A Surprising Parallel
By Bradley Henderson – December 20, 2024
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Difference Between DUI and Driving with a Metabolite
Utah is known for having some of the strictest impaired driving laws in the nation. These include a lower blood alcohol concentration (BAC) threshold for DUI offenses and a zero-tolerance…
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Like a Dog with a Bone, We Don’t Let Go
Ever wondered why real courtroom dramas aren’t as flashy as in the movies? The truth lies in the crucial rules of criminal procedure that can make or break a case.…
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State v Cesspooch, 2024 UT App 15
The Utah Court of Appeals addressed two related issues in this appeal from a conviction for possession of drug paraphernalia. These issues included: The defendant was accused of possession of…
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Can an officer make an arrest without witnessing a crime?
In Utah, police need probable cause to make an arrest. This means they must have facts that would lead a reasonable person to believe a crime was committed. While witnessing…
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Facial Recognition Software & AI in Criminal Cases
In February of 2023, news media outlets reported that Porcha Woodruff, a woman from Detroit, was falsely arrested for robbery and carjacking. She was arrested because facial recognition software identified…