Author Archives: Jerry Salcido

Jerry Salcido

About Jerry Salcido

Jerry Salcido is a founder attorney of Utah Defenders.

Do Prosecutors Have to Disclose Exculpatory Evidence to the Defense?

What is a prosecutor’s duty to disclose evidence? In criminal cases the State has the burden to prove beyond a reasonable doubt that the defendant committed the crime being charged.  The State can only satisfy its burden if it produces … Continue reading

Posted in Criminal Rights | Tagged , , | Leave a comment

What is a Terry Stop and Frisk?

In 1968 the United States Supreme Court decided the case Terry v. Ohio, 392 U.S. 1. From that case is what came to be known as the Terry Stop Exception to the Fourth Amendment.  This exception permits a policeman who lacks probable … Continue reading

Posted in Search & Seizure | Tagged , , | Leave a comment

Do I have to Pay to Stay in Jail?

Getting accused of a crime is not cheap.  Take a DUI for example.  When you get arrested your car gets impounded.  You have to pay for your vehicle to be towed and impounded.  You have to hire a lawyer.  If … Continue reading

Posted in Criminal Rights | Tagged , | Leave a comment

The Three Primary Elements of Sexual Abuse of a Child

The crime of sexual abuse of a child seems to indicate that the crime is sexual in nature, but when one looks at the elements of the crime that does not necessarily have to be true. The first elements of … Continue reading

Posted in Sex Crimes | Tagged | Leave a comment

What Constitutes Resisting Arrest in Utah?

Lawful Arrest Resisting arrest, or interference with an arresting office, is a crime that gets tacked on as an additional offense for any defendant who didn’t just roll over for the cops.  If you are a suspect for a crime … Continue reading

Posted in Other Crimes | Tagged , | 1 Comment

HB 276 – No Disorderly Conduct for Displaying a Weapon

There is a bill in the Utah House of Representatives, HB 276, which seeks to protect individuals carrying firearms from getting hit with a disorderly conduct charge.  The current law is located in Utah Code 76-9-102.  Representative Paul Ray is … Continue reading

Posted in Gun Rights | Tagged , | Leave a comment

HB 105: Medical Cannabis Proposal in Utah

Representative Gage Froerer has introduced House Bill 105 which exempts qualified individuals from the penalties of the controlled substances act which makes hemp extract illegal when it is used for qualifying purposes.  It also permits the Department of Health to … Continue reading

Posted in Drug Crimes | Tagged , , | 3 Comments

The Leon Exception to the Exclusionary Rule

The Fourth Amendment to the United States Constitution prohibits unlawful searches and seizures.  The Constitution does not set forth any remedy if law enforcement violates this important right so courts have developed what is called the “exclusionary rule” to help … Continue reading

Posted in Utah Criminal Defense Attorney | Tagged , , | Leave a comment

Utah Legislature Preparing for Its Annual Infringement on Our Rights

It’s that time of year again, the time when the Utah State Legislature is preparing to sit in session for a couple of months with the sole purpose of taking away our liberties and infringing on our rights. Is that … Continue reading

Posted in Legislative Update | Tagged | Leave a comment

Jury Instructions for Utah Criminal Cases

When a jury is selected to decide the guilt or innocence of a defendant, the court will give them instructions to help guide them in their decision making process. Jury instructions are a very important piece of a jury trial … Continue reading

Posted in Jury Trials | Tagged | Leave a comment