In State v. Kirby, 2016 UT App 193, defendant Kevin Darrell Kirby and a female acquaintance partied together in a motel room in Salt Lake City. Their room eventually became a crime scene, and Kirby was charged and later convicted of tampering with a witness, aggravated assault, and aggravated kidnapping. Kirby bought crack cocaine and[…]
The Utah Court of Appeals recently decided State v. Binkerd, 2013 UT App 216 wherein the court addressed whether a defendant could be found guilty of accomplice liability for a general intent crime such as manslaughter. In Binkerd, the defendant was the head of a gang. His right hand man was Alvey. There was a female associate of[…]
Utah has a weird law that permits a court to suspend a driver’s license for a simple traffic citation. That means anything: having a headlight out; brake light out; speeding; swerving; having tinted windows too dark; not having mudflaps; running a stop sign; crossing over the stop line before a traffic light; not having your[…]
Criminal cases involving claims for restitution in Utah are governed by the Crime Victims Restitution Act, U.C.A 77-38a-101. If you are convicted of a crime and there is a victim who suffered damages, you may be required by the court, or as part of a plea agreement, to compensate the victim for their loss. In[…]
Utah is definitely not one of the marijuana friendly states in the west. Most people have probably heard that Colorado and Washington have decriminalized marijuana for personal use. Additionally, California has made small personal use charges infractions (something more akin to a speeding ticket than a typical drug charge). California also allows for very liberal[…]
Regardless of whether or not you plan on taking your criminal case to trial its important to have an experienced trial attorney by your side as your legal counsel. At Utah Defenders our attorneys have represented countless clients and we know the ins-and-outs of the trial process.
The Utah Court of Appeals recently addressed whether the actions of store employees who detain and search an individual suspected of retail theft can be attributed to the government for purposes of challenging the search and seizure under the Fourth Amendment of the United States. In Orem City v. Santos, Elba Santos was charged with stealing[…]
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 will take responsibility for your probation, you will be required to fill out a questionnaire. […]