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Author Archives: Jerry Salcido
Right to an Independent Chemical Test for Utah DUI Cases
A person who gets arrested for DUI in Utah is considered to have given implied consent to a chemical test to determine the blood alcohol content. Many people have no idea that the state has unilaterally applied implied consent to … Continue reading
Information Required by Adult Probation and Parole (AP&P)
If you are convicted of a felony in Utah, and in many cases a class A misdemeanor, the court may require you to meet with adult probation and parole, which is the entity responsible for supervising your probation. Before AP&P … Continue reading
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Criminal Simulation in Utah
Antique Fraud There is a big market for antiques and some items can go for hundreds of thousands and even millions of dollars. In the antique business one has to be wary of fakes. Remember the Salamander Papers in the … Continue reading
Staying a Utah Justice Court Sentence When Jail Is Ordered
The Utah Legislature has implemented some rules as a protection against over-zealous (tyrannical) justice court judges, many of whom are “jail happy.” The rules can act to prevent a judge from sending a defendant to jail…in most cases. Non DUI … Continue reading
Common Enhanceable Utah Crimes
What is an Enhanceable Crime? The Utah Legislature has taken it upon itself to give the district attorneys freedom to increase the category of a crime if the defendant has committed the same or similar crime in the past. For … Continue reading
Presentence Reports for Utah Felony Convictions
When a criminal defendant in Utah enters a plea or is found guilty by a jury on a felony count the judge may require the defendant to undergo a presentence report with Adult Probation & Parole (“AP&P”). A presentence report … Continue reading
Warrantless Blood Draws and Utah’s Implied Consent Statute
What is Implied Consent? All 50 States have adopted implied consent laws that require motorists, as a condition of operating a motor vehicle within the State, to consent to a chemical test to if they are arrested or otherwise detained … Continue reading
The Law of Defense of Others in Utah Criminal Cases
Utah Code Sets forth the Law of Defense of Others The law in the United States and Utah derives from English common law and under the common law an individual has the right to defend himself against aggressions and violence … Continue reading
Utah Supreme Court Decides What Constitutes a “Dangerous Weapon”
In the recent case of Salt Lake City vs. Miles, the Supreme Court addressed the issues of what constitutes a dangerous weapon. Miles was a homeless man who tried to get on a light rail train with a shopping cart … Continue reading
Traffic Crimes and the Driver’s License Point System in Utah
What Are the Driver’s License Point Thresholds? The Utah Legislature has mandated that the Utah Driver’s License Division assign a point system to every moving violation and traffic crime. The point system is then based on the following threshold: At … Continue reading