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Spanking with a Belt is not Per Se Child Abuse In a juvenile court case, the parents had been accused of child abuse and neglect. As part of the adjudication of the case, the parties stipulated that the parents used a belt to spank the children, including a belt with...
While assault sounds like a simple charge it is in fact very complicated and can include a lot of different things. Even when people use the phrase simple assault that still could mean two different possible actions. The baseline for this crime is an attempt to do...
DUI Metabolite is not Unconstitutional Say Utah Supreme Court Wyatt Jeff Outzen was charged with DUI metabolite because he fell asleep while driving and struck the back of another car. Utah Highway Patrol troopers did not find any contraband in Mr. Outzen’s car, but...
Actual Physical Control of a Vehicle You Aren’t Driving In State v. Cook, 2017 UT App 8, the court addressed a DUI involving a four wheeler and whether the defendant, who wasn’t driving the four wheeler, was in actual physical control of the vehicle. In that case,...
In 2003, Jimenez-Wiss pleaded guilty in justice court to her first DUI offense, a class B misdemeanor. She pleaded guilty again in justice court in 2008 to her second DUI offense, which resulted in a suspended fifty-day jail sentence. She did not pursue a direct...
Multiple Aggravated Robbery Counts May Be Combined Under the Single Larceny Rule Three friends drove together to a cell phone store where they entered the store but did not lock the car doors. Bell was someone inside the store, but when he left he began checking cars...
Consensual Sex Is Defined by Utah Statute Whether sex is consensual has been the topic of many a court case. One party stating it was not consensual sex, the other party having the opposite perception. The issue of consensual sex has come up over the years so much in...
Driving Under the Influence or DUI is one of the most complicated areas of Utah Criminal Code. There are multiple offenses and multiple elements for each offense making for a confusing statutory system and that doesn’t even include all the statutes that are specific...
The criminal justice system is quite complex but the basic idea is that an attorney for the state, the prosecutors, brings charges against individuals that are believed to have violated the law as it is set out by the legislature in the Utah Code. What that means is...
If your thinking about taking a plea agreement, and a high restitution award is part of the agreement, you should be fully aware of how this could potentially come back to bite you. Many individuals agree to high restitution claims in exchange for little or no jail...