Criminal Law Blog

Cops Bill Woman for Unsuccessful Forced Cavity Search

September 10, 2011  |   Criminal Law   |     |   Comments Off

The Las Cruces, New Mexico metro narcotics had "credible evidence from a reliable source" that a local woman was concealing up to one ounce of heroin. Upon this information, the police obtained a warrant, and when they didn't find heroin on the woman's person, they sent the woman ...

Law Banning Videotaping Police Held Unconstitutional

August 27, 2011  |   Criminal Law   |     |   Comments Off

A federal court in New England just found unconstitutional a Massachusetts law that banned the public taping of police officers. In deciding the law was unconstitutional, the court wrote: "Gathering information about government officials in a form that can readily be disseminated to others serves a cardinal First Amendment ...

Judges Are More Lenient after Lunch

April 23, 2011  |   Criminal Law   |     |   Comments Off

A recent study of Israeli judges found the judges were more likely to grant parole to criminals early in the morning or just after lunch. Now, why? Well, the study's author believe that judges are more likely to closely examine the facts of the cases right ...

Cell Phone Scanning in Michigan

April 21, 2011  |   Criminal Law   |     |   0 Comment

Michigan police departments have recently acquired cell phone scanning machines which have the capacity to "grab all of the photos and video off of an iPhone within one-and-a-half minutes. The device works with 3000 different phone models and can even defeat password protections." Even more scary:

Difference Between Assault and Aggravated Assault

April 02, 2011  |   Criminal Law   |     |   0 Comment

Assault (sometimes called simple assault) and aggravated assault are two separate crimes in Utah. The Utah Code defines assault as: (a) an attempt, with unlawful force or violence, to do bodily injury to another; (b) a threat, accompanied by a show of immediate force or violence, to do ...

How not to Handle a DUI

March 25, 2011  |   Criminal Law   |     |   0 Comment

If you're acting as your own attorney in a DUI matter (something, by the way, you should never do), you should learn from the following experience. Recently, Keith Gruber of Swan Lake, New York, who was charged with a DUI, showed up for a pretrial hearing carrying, ...

How Does Utah Sentence Criminals?

March 19, 2011  |   Criminal Law   |     |   0 Comment

People often wonder how they will be sentenced (i.e., how long they will be in jail, how big will their fine be, etc.) if they are found guilty of a crime. Well, figuring out sentencing usually starts by finding out what type of crime you committed. For example, ...

Did BYU’s Brandon Davies Break the Law?

March 06, 2011  |   Criminal Law   |     |   0 Comment

BYU basketball star Brandon Davies was recently suspended from the team for violating BYU's honor code. The reason: it's reported he had sex with his girlfriend. Many have praised BYU for the suspension because it is following its principles and teaching its students their actions have consequences. Others ...

What does “domestic violence” mean in Utah?

February 28, 2011  |   Criminal Law   |     |   0 Comment

When people think of the term "domestic violence," they usually think it means "husband beating wife." Sometimes, what people usually think a term means isn't quite what it means in the law. In fact, domestic violence has a very particular meaning in Utah law. In section 77-36-1(4) of ...

Stages of Utah Felony Criminal Cases

February 21, 2011  |   Criminal Law   |     |   0 Comment

Felony criminal cases in Utah all follow a basic pattern. They usually begin with an investigation. During an investigation, the police gather physical evidence and talk to witnesses, among other things. After the police gather evidence, a prosecutor will examine the evidence to determine whether it is ...