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Author Archives: Jerry Salcido
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
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
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
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
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
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
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
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
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