If a Utah policeman pulls you over and suspects you of DUI, chances are the officer will ask you to perform a “couple of routine tests.” What he really means is, he’d like to gather evidence that you’re driving drunk; he’s going to take notes and use this against you at trial. Don’t let the [...]
07
Nov
Utah DUIs, the law, and some sound advice.
Every week as Saturday night approaches, people ask me: What should I do if I get pulled over and have had something to drink. The first rule is, don’t panic. Stay calm, stay alert, and be polite. Beyond that, I’ve created a Utah DUI cheat sheet which gives you my answers to the most common [...]
04
Nov
Can you sue prosecutors for framing you?
Today, Pottawattamie County, Iowa, asks the Supreme Court of the United States to reverse an 8th Circuit Court of Appeals ruling which states “immunity does not extend to the actions of a County Attorney who violates a person’s substantive due process rights by obtaining, manufacturing, coercing and fabricating evidence before filing formal charges, because this [...]
23
Oct
Credibility is always an issue.
Yesterday, I defended a man against two domestic violence charges. We won. The biggest advantage we had at trial was the credibility of the accuser. She had none. A quick background: A couple is quickly heading for divorce. She starts irritating her husband with little things, like parking in the middle of the garage so [...]
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18Mar“It Took Me Longer To Get A Latte Than To Be Acquitted!” The jury had just been given the case and my client and I walked across ...
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12JanWhen Reasonableness is Unreasonable Imagine that the police have searched your car, your computer, your purse, or your phone. ...
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12JanInnocent or Not Guilty- A Distinction with a Difference? The question for the jury in a criminal trial is not a question of whether ...
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19NovA Novel Criminal Defense – Factual Innocence Today in Miller v. State, the Utah Court of Appeals ruled that district courts must ...
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04MarNegotiating plea bargains. From the blog Barking up the wrong tree: A threat is "I will do something ...
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04NovCan you sue prosecutors for framing you? Today, Pottawattamie County, Iowa, asks the Supreme Court of the United States to reverse an ...
