More controversial facts and allegations are surfacing in the Lisa Steed scandal. The former Utah Highway Patrol officer is accused of wrongfully arresting hundreds of Utah residents for drunk driving. One attorney is pushing a class action lawsuit against Steed and the state. He alleges that Steed routinely violated police protocol and that her supervisors …
A Utah man recently lost his appeal of his aggravated sexual assault convictions. The man’s convictions stem from an interaction he had with his live-in girlfriend one summer after a heavy day of drinking. The couple reportedly spent the day and evening drinking vodka and then got into the shower together at their home. The …
Court: gas station assault and rape were not a “single criminal episode” Read More »
Technology has given teens in Utah and around the country unprecedented freedom, but technological innovations also mean that formerly harmless juvenile crimes can now land teens in serious trouble. One new high-tech twist on prank calling is called “swatting.” These prank calls are placed when hackers, usually teens, place false emergency calls of serious crimes …
Juvenile arrested for ‘swatting’ prank call crimes Read More »
When people meet a criminal defense attorney, they often accost him or her with this question: “How can you live with yourself when you get a guilty person off on a technicality?” Of course, they usually never ask this question: “How can you live with a system that convicts people for mere technical violations? Like …
Short answer: As the case below shows (United States v. Mitrano, First Circuit), you can actually be sent to a federal prison for years. So, if you are past due on your child support obligation in Utah, please call Greg Smith and Associates immediately (801-651-1512). They are highly skilled in the areas of child support …
Fairly recently in State v. Duran, the Utah Supreme Court ruled that police officers who smelled the odor of burning marijuana coming from a residence were not justified in searching the residence under and “evidence-destruction” part of the “exigent-circumstances” exception to warrant requirement. In other words, sometimes that police can enter a home without a …
Can the Police Enter a Home if They Smell Burning Marijuana? Read More »
By: Greg Smith and Brett Skidmore Can a person be legally insane one moment, then the next moment suddenly become legally sane? The Utah Supreme Court thought so in the 1999 case State v. Herrera where the defendant, Tomas Herrera, murdered his ex-girlfriend and attempted to shoot and kill his ex-girlfriend’s mother and little brother. …
We usually laugh when we hear things like that, but there are times when the Court will excuse a person’s conduct under that exact theory. Everyone has probably heard of self defense, and probably understands what it means. The general understanding is most likely something along the lines of: It was okay for me to …
We are often asked when meeting with our clients, “Can the officer pull me over for that when I am driving?” The Supreme Court has set forth a relatively clear standard to govern when an officer can or cannot do something. The Supreme Court set forth the standard of “reasonable suspicion” in Terry v. Ohio. …
Can the officer pull me over for that when I am driving? Read More »
Courts continually have to interpret the law’s meaning, in fact, that is the primary function of the courts. Our elected legislatures pass laws (typically called “statutes”) but then courts have to decide what they mean. When judges read statutes, they will typically give words their “plain and ordinary” meanings. However, if the legislature defines a …