We often get asked if it is okay to record a conversation in Utah. The answer is more complicated that you may think. For example, if you are on the phone in Utah, but the person you’re speaking to is in California, you will need to know California law, too. First, you need to look …
Assume Betty works for a company in Utah, and she gets fired. Weeks later Betty, who is angry at her former boss, still has passwords to emails, bank accounts, and the company’s Facebook account. Betty decides since she has the passwords, she will peruse those accounts to see how her old company is doing, and …
Computer crimes accessing digital information carry more severe penalties Read More »
Imagine this scenario: Marcy, the wife of a landlord, calls up Tony, one of their tenants, to remind Tony his rent is past due. Tony is fed up with Marcy’s phone calls, and thinks he should not have to pay rent at all because the apartment’s heating has not been working properly. Tony and Marcy …
An altercation in a doorway becomes first degree felony burglary assault Read More »
Certain Constitutional rights are cited frequently in public discussion, including the First Amendment right to free speech and the Second Amendment right to bear arms. Other Constitutional rights are cited mostly in a criminal defense context, such as the Fourth Amendment protection against unreasonable search and seizure. This generally means that law enforcement agencies cannot …
SCOTUS ruling could weaken Fourth Amendment protections Read More »
Many Americans don’t realize it, but the United States locks up more of its own citizens than any other country. Incarceration seems to be the tool most favored by the criminal justice system, politicians and everyday taxpayers. But what is prison really for? Most people would say it has three purposes: punishment, public safety and …
Why criminal justice reform is a smart investment for Americans Read More »
All Utah defendants are guaranteed the right to effective assistance of counsel under the U.S. Constitution’s Sixth Amendment. It is possible to appeal a Utah conviction if a defendant can show that their attorney provided ineffective assistance during a trial or plea negotiation. When filing an appeal based on ineffective assistance of counsel, a defendant …
Proving Ineffective Assistance of Counsel in Utah Read More »
It is somewhat uncommon for a criminal defendant in Utah to receive the maximum sentence for a crime. Many crimes have the potential to carry lengthy sentences, but defendants routinely receive smaller sentences as a result of plea bargains and judicial discretion. When multiple crimes are involved, it is possible for sentences to run at …
A jury instruction can violate a defendant’s due process rights when it receives prosecutors of their obligation to prove every essential element of a crime beyond a reasonable doubt. When reviewing appeals based on jury instructions, appeals courts determine whether a challenged jury instruction created a mandatory presumption or simply allowed a jury to draw …
Mandatory Presumptions vs. Permissive Inferences Read More »
A Utah appeals court recently overturned the theft conviction of the Utah man, citing an erroneous jury instruction. The defendant was Joseph Brandon Crowley, who was convicted of receiving stolen property and theft by deception. Investigators say that Crowley pawned an iPod which had been stolen from a car two weeks earlier. The owner of …
Utah Court: Defendant Prejudiced by Jury Instruction Read More »
Establishing a defendant’s competency to stand trial is one of the foundational elements of a valid criminal conviction. It is well established that Utah law requires that no person who is incompetent be tried for a public offense and that trying an incompetent person constitutes a due process violation. One Utah man recently had his …
Utah man’s conviction vacated on competency grounds Read More »