17
Mar

Understanding plea bargaining: the basics

Not every criminal case goes through the process of a lengthy trial. Defendants often resolve their case through a plea bargaining agreement.  Let’s look into the plea bargain process in Utah, when it is available, and its pros and cons on sentencing. What is a plea bargaining? A plea bargain or “plea offer,” is the […]

28
Feb

Driving with prescription drugs: Why is being impaired with legal drugs illegal?

Generally, it’s illegal to drive under the influence of alcohol and drugs. But do you know that “drugs” under these laws refer to legal drugs as well? Let’s discuss why driving with prescription drugs in your system can be illegal and how you can stay safe and avoid DUI charges. Why is driving with prescription […]

28
Feb

“Objection, hearsay!”: What it means and why you hear it in court

If you watched the Heard-Depp defamation trial, you might have found the heated arguments and “hearsays” between the lawyers funny. But have you ever wondered what “hearsay” or “hearsay evidence” means while chuckling at the drama? Why do lawyers raise these objections, and what makes a statement “hearsay evidence”? In this article, we’ll answer all […]

10
Apr

“Not Guilty” Vindicates Client Arrested for a DUI

Orem, UT:  Police officers may be gatekeepers of the criminal justice system, but they’re also just like us.  That means, sometimes they can be wrong, like when our client was wrongly arrested for a DUI. Funny thing—Mr. Brenner hadn’t had anything to drink that day.  Because of medications he was taking, he couldn’t drink.  Mr. Brenner […]

28
Aug

Utah Violent Crime increased in 2012, but far below the national average

In 2011-2012, violent crime rose in all areas of the country, (except for the Northeast) by an average of 1.6%. In Utah, however, violent crime only increased .38% (latest data available in the the Semi-Annual Crime in Utah Report). http://publicsafety.utah.gov/bci/crimestatistics.html

22
Apr

Is a Private Attorney Better than a Public Defender?

Utah has delegated the responsibility of providing criminal defense services for the poor, to the counties. This means that, within the state, each county decides the budget and quality of legal care provided to you. The quality of your legal counsel may vary greatly from county to county. In 2010, the ACLU issued a report […]

26
Feb

Attacking Field Sobriety Tests

You can fail a field sobriety test for a variety of reasons, even if you are not legally intoxicated.  Field sobriety tests are difficult. And if you’re tired, uncoordinated, and anxious, you may not pass The prosecutor’s introduction of the horizontal gaze nystagmus test may present your Salt Lake City DUI lawyer with a good […]

19
Feb

Cross-Examination in DUI Cases

With respect to the cross-examination phase of DUI hearings, an experienced Salt Lake DUI lawyer will generally already have a plan in mind that will be consistent with his or her presentation that was made during the opening statement.  Cross-examinations have a specific function and all witnesses can be cross-examined (even though some cross-examinations will […]

05
Feb

DUI Cases and the Arresting Officer’s Description of You

If you were arrested for driving under the influence inSalt Lake City, the law enforcement officer making the arrest most likely took extensive notes about how you appeared at the time of the arrest. Often, he will fill out a form called an Alcohol Influence Report, where he records his observations about your physical appearance […]

25
Jan

The Administration of the One-Leg Stand Test

The one-leg-stand test is one in which a suspect is required to stand on one leg while placing the other leg out in front of him or her. The police officer  must give the test in a certain manner for it to be valid.  Thus, if you believe that you were subjected to a test […]