Author Archives: Jerry Salcido

Jerry Salcido

About Jerry Salcido

Jerry Salcido is a founder attorney of Utah Defenders.

The Requirements of an Administrative Checkpoint

An Administrative Checkpoint Must Conform to Statutory Requirements An administrative checkpoint is a court order which allows law enforcement to stop vehicle traffic for specified purposes, always with an aim to find drivers and others who are breaking the law. … Continue reading

Posted in DUI | Leave a comment

What Does “Promptly” Mean Under Rule 1102?

Rule 1102 Allows Reliable Hearsay At Preliminary Hearings At a preliminary hearing the Utah Rules of Evidence allow for the admission of “reliable hearsay,” and further provides a definition of “reliable hearsay.” Part of that definition includes “a statement made … Continue reading

Posted in Sex Crimes | Leave a comment

Utah Reaffirms Its Liberal Preliminary Hearing Standard

Binding Over a Case at Preliminary Hearing is Easy The preliminary hearing is a “probable cause” hearing that requires the state to put on evidence that would permit the judge to bind over the case for trial, that is, to … Continue reading

Posted in Salt Lake Criminal Defense Attorney | Leave a comment

What is an Armed Career Criminal?

The Armed Career Criminal “Armed career criminal” – sounds pretty serious, right? Well for purposes of federal criminal law it most definitely is. The term applies to a select group of individuals who the federal government find to need more … Continue reading

Posted in Sentencing | Leave a comment

Utah Law Reform: Drug Possession No Longer A Felony

Drug Possession Is A Common Offense In a sweeping move which was totally unexpected and unusual (for Utah), the Utah Legislature effectively passed legislation to reduce the population in its jails and prisons by significant numbers. How? By reducing the criminal … Continue reading

Posted in Drug Crimes | Leave a comment

Difficult For A Defendant To Withdraw His Guilty Plea

Requirements to Withdraw a Plea When a defendant enters into a plea negotiation with the State he has to waive all of his pretrial rights such as his right to remain silent, his right to the presumption of innocence, his … Continue reading

Posted in Plea Agreements | Leave a comment

When does an informant tip justify a police traffic stop?

Fourth Amendment Requirements With Regards to Traffic Stops The Fourth Amendment’s prohibition of “unreasonable searches and seizures” extends to temporary detentions, such as traffic stops. See U.S. Const. amend. IV; Brendlin v. California, 551 U.S. 249, 255 (2007). To survive … Continue reading

Posted in Uncategorized | Leave a comment

Ineffective Assistance of Counsel and Immigration Consequences

Recently the Utah Court of Appeals addressed whether an attorney was deemed to have given ineffective assistance of counsel to a non-U.S. citizen. In State v. Aguirre-Juarez, the defendant plead guilty to one count of attempted identity fraud, a class A … Continue reading

Posted in Immigration | Leave a comment

What is the Voir Dire Process in a Utah Jury Trial

The Importance of the Jury Trial and Voir Dire The jury trial is a right over which many lives were lost in the founding of this country.  It is a mechanism to protect individuals against an oppressive government. Think about … Continue reading

Posted in Jury Trials | Tagged , | Leave a comment

The 12 Steps of a Drug Recognition Evaluation

When people think about impaired driving most people think of the typical alcohol-induced DUI, but drugs are involved in almost as many impaired driving cases.  There are some tests that have been developed specifically to detect the involvement of drugs … Continue reading

Posted in Drug Crimes, DUI | Tagged , | Leave a comment