Posted on November 07, 2025 in Drug crimes

Every defendant has a constitutional right to see evidence that could help their case; yet, in some instances, that right may be quietly violated. In Utah drug prosecutions, hidden lab data, unreported informant deals, or withheld officer misconduct files could potentially alter the outcome of a drug crime trial.

When the prosecution fails to provide favorable (to the defendant) evidence to the defense, it can undermine the fairness of the entire proceeding. These violations are known as Brady violations, named after the Supreme Court case Brady v. Maryland. A skilled Davis County, UT criminal defense lawyer can investigate whether a Brady violation occurred and petition for a dismissal or a new trial.  

Why Are Brady Violations More Likely in Drug Cases Than Other Cases?

The very nature of drug prosecutions creates conditions that make Brady violations more common and more significant. Some of the reasons Brady violations may be more common in drug cases include:

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 Posted on October 24, 2025 in Sex crimes

Utah prosecutors are increasingly charging "sextortion" – the act of threatening to release intimate photos or videos unless a victim complies with demands – under overlapping laws. What begins as a private, online exchange can quickly escalate into serious felony allegations involving sexual extortion, coercion, and computer crimes.

Amendments to Utah Code Section 76-5b-204 recognize "digital control" as a form of abuse, treating online threats as psychological domination. If you are being charged with one or more of these crimes, you must understand how they are investigated and prosecuted. Consulting a Davis County, UT criminal defense lawyer provides you with a vigorous defense and the likelihood of the best possible outcome.  

What Is Sextortion Under Utah Law?

When one person threatens to publish or distribute a sexually explicit image or video of another person without consent, this is classified as sextortion. To prove the elements of the crime, there must have been a threat to distribute an image, the intent to obtain something of value or cause harm, and a lack of consent from the person in the image. In most cases, sextortion in Utah is classified as a third-degree felony.

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 Posted on September 23, 2025 in Drug crimes

Law enforcement in Utah recently seized more than 100,000 fentanyl pills (approximately 9,500 grams) from two 19-year-olds, now charged with federal drug crimes. The Davis Metro Narcotics Strike Force had been working with the FBI since May 2025. A search warrant was obtained earlier this month, and when executed, the fentanyl pills were discovered.

The charge is possession of fentanyl with intent to distribute. If convicted, this federal offense, under Title 21 of the U.S. Code, Section 841(a)(1), has federal penalties of ten years to life in prison, and a maximum fine of $10 million.  

Utah charges the crime as a second-degree felony, with a prison sentence of up to 15 years and fines of up to $10,000. Like most of the country, Utah has seen a dramatic rise in fentanyl-related arrests and prosecutions. Fentanyl is a highly potent opioid – up to 50 times stronger than heroin.

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 Posted on September 07, 2025 in DUI

If you are a Utah professional, a DUI may be much more serious than a traffic offense – it can be an event that threatens your career and your ability to make a living. For many professionals, a DUI conviction (Utah Code Part 41-6a-5) can trigger disciplinary action from the licensing board. Since Utah has the strictest BAC threshold in the nation, a single mistake can end up derailing your career and your future.

It is important to understand how licensing boards view DUI convictions and what steps you should take following a Utah DUI arrest to protect your rights and your future employment. A knowledgeable Salt Lake City, UT DUI attorney understands the risks you face and will work hard to mitigate those risks.

The Utah BAC Threshold

Every state in the United States, except Utah, has a BAC threshold of 0.08 percent. Utah’s BAC threshold is 0.05 percent. This lower BAC law took effect in 2018. For those under the age of 21, Utah has a "Not a Drop" zero-tolerance policy that prohibits any level of alcohol in a young driver.

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 Posted on August 12, 2025 in Sex crimes

In the age of everything digital, even sexual consent has gone high-tech. Apps that allow two people to document mutual consent before being intimate are being marketed as a way to prevent misunderstandings or even criminal charges.

These apps are commonly referred to as "consent apps." Especially in a conservative state like Utah, does an app offer valid legal protection? If you think using a consent app protects you, there are things you should know.

Consulting with a knowledgeable Salt Lake City, UT, criminal defense lawyer can help you understand the limitations of consent apps. If you are being charged with a sex crime despite consent through an app, your attorney can determine whether the app can really help your defense.  

What Are Consent Apps?

Consent apps are specifically marketed for college students and those who use dating apps, but can be used by anyone who fears false allegations of rape, sexual assault, or another sex crime. Some of the most common consent apps include We-Consent, LegalFling, Consentify, and SaSie.

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 Posted on July 29, 2025 in Sex crimes

Sex crime allegations are always serious, but when they arise in the middle of a custody battle or divorce in Utah, they can be life-altering. Suddenly, criminal allegations spill over into family court, threatening not only your freedom, but also your reputation, your parental rights, and even potentially the division of marital assets during a divorce, as well as the payment of spousal support. Even when the charges are exaggerated or completely false, it may not matter in family court.

The family law system in Utah does not wait for a criminal conviction before acting to "protect the child" in custody issues or make decisions in a divorce. Unfortunately, sex crime allegations often emerge during divorce, separation, and custody battles. Utah family courts tend to take a "better safe than sorry" approach, leaving you with immediate, adverse consequences before the criminal matter is even completed. It is important that you first speak with an experienced Salt Lake City criminal defense attorney, then discuss the issue with your family law attorney.

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 Posted on June 24, 2025 in Drug crimes

In June 2025, more than a dozen drug charges were filed against a female Utah life coach who allegedly sold illegal substances to clients. After receiving a tip from a confidential source that the life coach was growing and selling "magic" mushrooms, police raided a storage unit and the home of the woman.

More than 170 units of MDMA, 40 pills containing psilocybin (magic mushrooms), one bottle of LSD, and 10 units of DMT or dimethyltryptamine were found. Firearms were also found. The woman now faces charges of possession with intent to distribute and possession of drug paraphernalia. If you are facing drug charges, it is important to speak to a knowledgeable Salt Lake City, UT criminal defense lawyer.

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 Posted on June 10, 2025 in Criminal Defense

If you are arrested on suspicion of a criminal offense and are sitting across from law enforcement being questioned, you may feel as if asking for a lawyer will only make you look guilty of the crime. And, in truth, when you assert your right to an attorney, law enforcement is likely to look at you as though you must be guilty. The police may even say to you that you do not need a lawyer if you have nothing to hide.

None of those things should be your concern at this point. Regardless of how law enforcement views your choice to speak to an attorney, it is a decision that can make a significant difference in the outcome of your charges. The right to an attorney is guaranteed by our Constitution; it protects you, and it is one of the smartest choices you can make if you are under investigation or charged with a crime.

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 Posted on May 23, 2025 in DUI

A Sandy, Utah woman with seven prior DUI arrests was recently arrested for the eighth time. Two of her prior DUI arrests were felony DUIs. During the stop, the woman’s BAC was .265, more than five times the legal limit in Utah. Open containers of alcohol, along with numerous pill bottles containing "impairing" medications, were also found. The woman was arrested and remains in jail without bail.

Obviously, DUI convictions – both a first offense and subsequent offenses – are extremely serious in Utah. If you are facing DUI charges, it is important that you speak to a Salt Lake City, UT DUI lawyer who can prepare a comprehensive defense based on the facts and circumstances surrounding your arrest.

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 Posted on May 08, 2025 in Sex crimes

Currently, in the state of Utah, parents who want to remove their child from public school and homeschool must sign an affidavit, swearing they have never been convicted or credibly accused of child abuse. If a parent could not do this, he or she was not allowed to homeschool. Some school districts took the issue further and began conducting background checks on parents who pulled their children from public school to homeschool.

The response was that many parents felt like these background checks were a huge invasion of their privacy. In January 2025, HB209 was introduced. This bill would entirely remove the requirement that the parents sign an affidavit, and would also prohibit background checks by the schools. There are proponents and opponents of the new bill.

Opponents point to two recent high-profile examples of Utah parents who took their children out of public school to homeschool and then abused them. One child died from organ failure after prolonged abuse; if the child had been in public school, his death could have potentially been prevented. Proponents of the bill say laws related to child abuse should remain in Utah’s criminal law rather than in homeschooling permissions.

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